Judicial innovations in Chinese IP adjudication : origins, applications, and implications

Abstract

This dissertation delves into the impacts of judicial innovations on elevating judicial performance and bolstering IPR protection in China. The study categorizes judicial innovations in Chinese IP adjudication into three distinct types: (1) institutional, which denotes organizational innovations such as the introduction of IP Courts, Technical Investigators, and the Case Guidance System; (2) procedural innovations, such as the introduction of anti-suit injunctions (ASIs); and (3) substantive, which describes innovations in legal rules through judicial lawmaking. These innovations are propelled by national ambitions for technological and judicial advancements and inspired by judicial activism and foreign practices. The empirical analysis reveals that these innovations have fostered a more professional and adept IP adjudication system in China, but there remains room for improvement in implementation, efficiency, and consistency. The research identifies challenges such as the aggravation of efficiency issue brought by professionalization, the low participation of Technical Investigators and the underutilized Guiding Cases, the uncertain legal status of judicial lawmaking, inconsistencies in judicial rules and their application, widening regional gaps, and the SPC IP Court’s dual role in adjudication and lawmaking. It also reveals that IP Courts and Technical Investigators did not bring higher winning rates of right holders in patent infringement cases, while substantive innovations in patent, copyright, trademark, and unfair competition manifest a pro-IP stance. The thesis proposes three avenues for future improvement: enhancing the efficiency of IP adjudication via AI, institutionalizing judicial lawmaking, and fostering more balanced IPR protection. Ultimately, this dissertation provides invaluable insights into the progression of IPR protection in China over the past decade, enriching the comprehensive understanding of the ongoing evolution of Chinese IP adjudication.