中國에서의 知財権侵害에 대한 司法上救濟

The mechanism of juridical organs handling IPR related cases is relatively completed in China. By the end of 2004, divisions specialized in the trial of IPR cases had been established respectively in all Higher People s Courts at provincial level, Intermediate People s Courts in all provincial capital cities and some other big cities and even in certain Primary People s Courts. The IPR trial division in the Supreme People s Court was set up in October 1996, and was renamed as the Third Civil Division in 2000. In order to ensure the quality of trails, the jurisdiction over IPR cases in China is relatively centralized. In respect of cases involving patent, varieties of new plant and layout designs of integrated circuits, designated jurisdiction has been adopted. The Supreme People s Courts has respectively appointed 49, 34 and 43 Intermediate People s Courts to try the abovementioned kinds of case in first instance. The arrangement of the jurisdictions is basically reasonable. Civil cases involving other kinds of IPR should in general be handled by intermediate or above people s courts. In 2004, 90.76 percent of IPR cases were tried by in-termediate or above people s courts in China. People s courts across the country highly regarded and actively but cautiously applied various provisional measures including preliminary injunction, pre-trial preservation of property and evidence and measures in the course of proceedings, such as preservation of property and enforcement in advance, to instantaneously deter infringements and effectively prevent the further loss of right holders. According to uncompleted statistics from Beijing, Shanghai, Guangdong, Jiangsu, Shandong, Zhejiang, people s courts in above mentioned areas have accepted 257 applications for preliminary injunction and pre-trial evidence preservation since the revisions of the Patent Law, the Trademark Law and the Copyright Law, among which, 183 applications were granted in accordance with laws. The proportion of approval amounted to 71.21 percent.