Opening Word document…

Perm do both solves---shields the link to the net benefit.

Nari Lee and Liguo Zhang 17. Professor of Intellectual Property Law, Dept of Accounting and Commercial Law, Hanken School of Economics and Postdoctoral researcher, Doctor of Laws, University of Helsinki, Faculty of Law. “Specialized IP Courts in China - Judicial Governance of Intellectual Property Rights.” IIC - International Review of Intellectual Property and Competition Law. 11-06-2017. https://helda.helsinki.fi/server/api/core/bitstreams/ceed412b-101e-437b-8938-3f0a52d6bd73/content //rr

Governance of creative and innovative resources through intellectual property rights (IPRs) requires multiple interdependent institutions coordinating and channeling decisions on the use and allocation of resources. As IPRs are fundamentally private rights, the rights can only be fully operational if both the market for goods embodying IP and the markets for the exchange of the rights themselves are in place without much interferences from the regulators. Moreover, as IPRs are created by the law, the legislature delineating the scope of rights and the administrators that examine and grant the rights are crucial parts of the institutional foundation of the IPR system. Additionally, an independent and neutral judiciary that impartially reviews administrative decisions and enforces private rights plays a crucial role in the efficient governance through IPRs. These institutions are interdependent. Thus, reform in one area necessarily affects the functioning of the others. At the end of 2014, China introduced new specialist intellectual property (IP) courts. Although China had IP tribunals within the People’s Courts, the judicial reform to establish separate IP courts was touted as the significant step in embedding the rule of law in the governance of IPRs in China. This is not surprising considering that an independent judiciary is the central institution for rule of law. Such an institution affirms and enforces private rights and provides necessary impartiality to the process of decision making among the peer institutions. Understanding judicial reform as part of a bigger institutional reform in China requires institutional comparison. China has recently undergone several legislative reforms which have amended substantive IP law. It is not surprising that this was followed by reforms in both the administrative and the judicial branches. Introducing a specialized court with exclusive jurisdictions is likely to affect institutions that have similar competence to decide on matters, such as general courts or administrative tribunals. An institutional choice significantly affects the outcome of decision making because the processes of decision making by each institution differs and each institution also involves different stake holders. Often, institutions move together and a change in one is likely to cause change in another, even without explicit effort to affect such changes. Therefore, any institutional reform project needs to include measures to contain or coordinate unintended consequences or impacts on other institutions resulting from such changes.

Sign in to recut, update, or save this card.