No, China does not move towards case law, but keeps the tradition of statutory law while constantly innovating and exploring. The Similar Cases can be regarded as application tutorials with examples for statutory law.  Chinese judges shall retrieve and refer to the binding Similar Case before rendering judgments. Nevertheless, judges only apply the law by referring to the method embodied in the Similar Case, rather than directly applying the Similar Cases as law. Therefore,…

  People have complained that IP creates a monopoly which causes some social issues such as the affordability of patented pharmaceutical drugs. However, we can see this argument from the following aspects. At first, monopoly from the intellectual property right shall not be regarded as a negative word but a neutral concept. The intellectual property right is an exclusive right from its very origin. For example, the world’s first patent law the Venetian Patent Statute…

  On 20 Dec., Guangdong High People’s Court issued 21 typical bankruptcy cases to optimize the business environment. Of the typical cases issued this time, there are 15 cases of bankruptcy reorganization and reconciliation, accounting for 71%. For example, Huahan Science and Technology Co., Ltd. (华瀚科技公司), with over 200 patented technologies and debts of over CNY 5 billion, has more than doubled the repayment rate of ordinary claims through restructuring employee claims and fully repaying…

  Market regulatory authorities have investigated and handled 37,000 cases of IPR infringement and counterfeiting in the first three quarters of 2020. The State Administration for Market Regulation(SAMR) announced on 17 Dec. that in the first three quarters of 2020, the market regulatory authorities nationwide organized and carried out special actions like intellectual property enforcement, with 175,000 cases investigated and handled in various special enforcement actions, including 37,000 cases of intellectual property right (IPR) infringement…

  Following the first blockchain alliance “City Regulation Chain” launced in July 2020, this is China’s first mobile tool that uses blockchain technology to obtain evidence on mobile applications. In December 2020, the forensic APP based on blockchain technology was released in Hangzhou City, Zhejiang Province. After Zhejiang Province launched the first blockchain alliance “City Regulation Chain” (市监链) of the national market regulation system and its application platform launched in July, it is China’s first…

  In Deceber 2020, Shanghai High People’s Court held a press conference to release the Bulletin on the Services of Shanghai Courts for Guaranteeing the Construction of Shanghai International Shipping Center (2018-2020).  On 21 Dec. 2020, Shanghai High People’s Court held a press conference to release the Bulletin on the Services of Shanghai Courts for Guaranteeing the Construction of Shanghai International Shipping Center (2018-2020) (上海法院服务保障上海国际航运中心建设工作情况通报(2018-2020)) (hereinafter referred to as the “White Paper”). This is the…

  In December 2020, Shanghai High People’s Court issued the Announcement on Adjusting the Centralized Jurisdiction of Primary Courts over Intellectual Property Cases. On 18 Dec. 2020, Shanghai High People’s Court issued the Announcement on Adjusting the Centralized Jurisdiction of Primary Courts over Intellectual Property Cases (关于调整本市基层法院知识产权案件集中管辖的公告), which came into force from 1 Jan. 2021. The Announcement makes it clear that intellectual property cases accepted by primary people’s courts shall be subject to relatively centralized…