"Where there is no vision, the people perish: but he that keepeth the law, happy is he."
-- Proverbs 29:18, King James Bible (KJV)

Wednesday, December 12, 2018

China Guiding Cases Project at Stanford Law School: China's Supreme People's Court and IP Intellectual Property Law and Other Jurisprudence

At the SLS (Stanford Law School) Legal Aggregate Blog, Mei Gechlik in A Constructive Way to End the U.S.-China Trade War - Legal Aggregate - Stanford Law School discusses China's IP [Intellectual Property] Guiding Cases and the overall Guiding Cases system, implemented in 2010 in China, writing:

"An Eight-Year System with Some Success

In November 2010, China’s Supreme People’s Court (the “SPC”) established a ground-breaking system in which certain Chinese court judgments are selected and re-issued as Guiding Cases to guide the adjudication of similar subsequent cases and ensure the uniform application of law. To date, approximately 100 Guiding Cases have been released by the SPC. Twenty of these cases address IP (e.g., patents, trademarks, copyrights, rights to new plant varieties), unfair competition, and/or antimonopoly issues and are, unlike many other cases in China, well-reasoned.

In each Guiding Case, the SPC summarizes relevant legal principles, which are, in effect, binding on all courts in China. For example, in Guiding Case No. 84, Lilly Company v. WATSON Pharmaceuticals (Changzhou) Co., Ltd., A Dispute over Infringement of an Invention Patent, the SPC summarized various legal principles, including the following (English translation prepared by Stanford Law School’s China Guiding Cases Project) [link added by LawPundit]: ...."

Read the full story at;

A Constructive Way to End the U.S.-China Trade War - Legal Aggregate - Stanford Law School