Professor Zheng Sophia Tang (Newcastle University): International Intellectual Property Litigation in China
Hamburger Vorträge zum chinesischen Recht
- Datum: 10.12.2018
- Uhrzeit: 17:00
About the Speaker:
Professor Zheng Sophia Tang is a Chair in Law and Commerce at the Newcastle University, UK. She is specialised in conflict of laws, consumer
law, e-commerce law and Chinese
law. She has published four
books and numerous articles in
these fields. She is the co-author
of the award-winning monograph "Conflict of Laws in the
People's Republic of China" and an author of the international-leading text "Cheshire, North and
Fawcett: Private International Law" (15th ed). She received her LLB
degree in International Law at the Wuhan University, LLM at Manchester
University (UK) and PhD at
Birmingham University (UK). She is a qualified Barrister in England and Wales,
an accredited mediator and an
external expert for European Commission Civil Justice
Programme.
About the Topic:
Law and practice of cross-border intellectual property infringement
litigation in China generate great theoretical
and practical interests. One the one hand, the development of the IPRs system
in China boosts private enforcement of intellectual property rights.
Ever since 2007, Chinese courts have adjudicated
between 1,300 and 1,750 foreign-related
IPRs cases every year. It provides rich resources
for doctrinal and empirical research. On the other hand, China has established special civil procedure rules and specialised IP courts
(SIPCs) to deal with IPRs cases since 2015 and has conducted significant improvement of its
private international law and international litigation procedural rules from 2010, which makes
researchtimely. Furthermore,
there are conflicting perceptions
on China’s cross-border IPRs
protection regime. Some commentators have the traditional
concerns about local protectionism and judicial inefficiency in Chinese courts;
some are more optimistic and suggest that China would be a popular litigation
centre for cross-border IP infringements in the future. This conflict
is caused by the lack of research that provides the realistic assessment of the recent development of
Chinese law and practice. Finally, China
is one of the most controversial
country in terms of cross-border
IP protection but at the same time China has make the protection of IPRs one of the first
priorities in its new five year plan. It is crucial to examine how seriously China’s IP policy hasbeen enforced in reality and to predict how
the cross-border business practice may be influenced.This article explores whether the Chinese
regime is effective enough to provide
acompetitive forum to address
foreign-related IPRs disputes.
About the Hamburg Lecture Series on Chinese Law:
The "Hamburg
Lecture Series on Chinese Law”
was established in 2002 as a series of guest
lectures from notable legal
scholars and legal practitioners, who engage in research stays at the Hamburg Institute. It aims
to provideinsight into legal
fields under development in the People’s Republic of China and which are thus attracting great international interest.
Alle Mitarbeiterinnen und Mitarbeiter sowie alle Gäste des Instituts und die interessierten Mitglieder benachbarter juristischer Fakultäten sind herzlich eingeladen.