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Expert evaluation of IPR2 Project Results 3, 4 & 5 - Overall enforcement 

Abstract

This evaluation report in the areas of civil, criminal, and administrative enforcement identifies the positive developments of the EU-CHINA IPR2 project as well as opportunities for new changes and areas for improvement. All reports were consolidated to assess changes in the overall IP enforcement environment in China. The paper is divided into three main sections covering criminal, civil and administrative enforcement. Each part provides a review of positive developments and includes the challenges and the more difficult areas that require improvements. The comments on the contributions of the IPR projects to the China IP system are made throughout each of the sections. The results of the final evaluations conclude the positive impact on the IP related rule making processes in terms of transparency and openness. The Chinese courts and authorities at the national and local levels have been producing a fairly good amount of statutory-type rules, judicial interpretations, implementing guidelines in the recent years. The valuable contacts and the good will that are built up out of the EU-China IPR2 project undoubtedly provide European companies and associations with ample opportunities to be involved with the legislative process and to contribute to the establishment of a pro-IP environment.

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Document type: IP Document
Categories: Criminal law/procedures
Activity Title: Evaluation of Project Result 3, 4, 5
Activity Date: 01 Jun 2011
Location: Beijing, China
Expert / Author / Speaker: Zhang Hui, Liu Aijie, Ai Hong and He Jing, ZY Partners
Case Law: BMW vs. Zhuzhou BMW ([2009] Xiang Gao Fa Min San Chu Zi No. 1, Hu Nan Higher People’s Court), CISCO vs. Xujie (first instance, Beijing First Intermediate Court [2010] Yi Zhong Min Chu Zi No. 7299, second instance, Beijing Higher Court [2011] Gao Min Zhong Zi No. 75[pending]),
Related Legislation: Opinions on Several Issues concerning Intellectual Property Trials Serving the Overall Objective under the Current Economic Situation, Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Dispute Cases,

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