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The Dual-Track
Enforcement System
Judicial system
– IP tribunals in over 70 intermediate trial courts, as
well as provincial higher courts and the Supreme
People’s Court
– The Supreme People’s Court is considering to
establish an Intellectual Property Appellate Court
in Beijing
©2009 Foley & Lardner LLP
The Dual-Track
Enforcement System (cont.)
Administrative system
– State Intellectual Property Office (SIPO) and its
local branches
– Can hear almost all kinds of patent-related
disputes, e.g.:
©2009 Foley & Lardner LLP
Patent counterfeiting (passing off) – treble damages +
criminal prosecution
Compulsory licensing
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