China -  Chinese law firm

How can I enforce my patent rights in China?

China has two avenues for the enforcement of patent rights: the court system and the system of government agencies. Most intellectual property litigation starts in the Intermediate People's Court. Each party in the litigation process has the right to one appeal to the Higher People's Court. In October 1996, the Supreme People's Court of China established a specialized intellectual property division. Similar divisions have been established in provisional and local level courts across China, including Beijing, Shanghai, Tianjing, Fujian, Guangdong, Jiangsu, Sichuan, Chongqin, Henan, Liaoning and Hainan. A second avenue for the enforcement of patent rights is the system of government administrative agencies. As the administrative agency system is relatively quick and inexpensive, the government agency avenue is usually the best avenue. Administrative enforcement is particularly appropriate where one has a straightforward or non-complex patent infringement case. If a company is not satisfied with the decision of the administrative agency, it still has the option of pursuing the matter in the courts.

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