| TUESDAY APRIL 11 2000 PUBLISHED BY CHINA DAILY | |||||
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Prueher: Exchanges help build trust Free flights to help orphans' treatment in US More flights to take off from Pudong airport soon Air pollution declined last week Exploiting riches of the sea Help on the way It seems to come back to the future! Murderers of taxi driver given death sentence Whistle-stop tour of China's 1st railway Moonlighting to make more money |
Law staff work hard to flight IPR violations ALTHOUGH for most Chinese, intellectual property rights (IPR) is a fairly recent concept, Xie Chen, vice-president of the IPR Protection Tribunal at Municipal No 2 Intermediate People's Court, and his seven colleagues handle an average of 120 to 150 cases of IPR violations a year. "We are well aware IPR protection is an important dimension to the investment environment and a central issue of contention in our trade talks with some countries," Xie said. The court is one of the five in Shanghai that have set up IPR tribunals since February 1994. The other courts are: the Higher People's Court, No 1 Intermediate People's Court, Pudong New Area Court and Huangpu District Court. As the nature of the cases often requires a considerable degree of professional expertise, all his colleagues have a college education, six are under 35 and four are postgraduates. "Although some Western countries criticize us for our inadequacy in IPR protection, I must say we are fairly efficient in handling cases in some aspects compared with some Western countries," Xie said. For instance, they have a procedure whereby the plaintiffs can request the court to place some crucial evidence, that is in the possession of the defendants, under the protective detention of the court, Xie said. Sometimes the control of such evidence can play a crucial role in speeding up the trial procedures. For instance, in a case between General Signals Corp and Robbins and Myers Inc, the court had two boxes of documents, then in the possession of the defendant, placed under the control of the court the second day after the plaintiff made a request. "After the case was resolved, it caused quite a stir in the United States, because the two companies have been engaged in protracted legal suits of a similar nature in the US, and rarely are these suits resolved in such an efficient manner," said Xie. Xie also attributed the local efficiency to the fact that, generally, first instance trials of IPR protection cases should not exceed six months. In some Western countries, trials can last up to six or eight years. Although in China there are now laws on patent, trade mark, technological contract, copyright, and indecent competition, there is still much to do in legislation, according to Xie. Copyright 2000 by Shanghai Star. All rights reserved. |
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