Intellectual property and alternative dispute resolution

The development of technology and brands will be a core objective of the Shanghai Free Trade Zone (the Shanghai FTZ). In recognition of the importance of intellectual property (IP) as the foundation for such higher value-added sectors of the economy, the management committee of the Shanghai FTZ has been given responsibility for improving IP protection and enforcement within the zone.

This paper considers four discussion points to assist the management committee in its initiatives in this area. The approach we have taken is to contrast existing Chinese practice with equivalent practice in the United Kingdom and Europe. By examining different approaches across different legal traditions in the United Kingdom and Europe and looking at where convergence and commonality exists, we are able to present various alternatives for the Shanghai FTZ to consider to help inform the direction of its development of IP structures in the zone.

Key discussion points

  • Refine judicial procedures in IP cases by considering relaxation of the strict rules for admissibility of evidence and the introduction of limited discovery, and more flexible use of oral testimony and expert evidence in the Shanghai FTZ intermediate people’s court
  • Improve mechanisms for enforcement of court orders and judgments by considering improving resourcing for the enforcement bureau in the Shanghai FTZ intermediate people’s court and developing stronger guidelines for enforcements and metrics for monitoring.

You can also download this report in Chinese.