ABSTRACT
Intellectual property rights (IPR) protection is an essential component of China’s open-door policy and of its socialist legal reform. IPR enforcement in China adopts an administrative-judicial dual-track system. There are two levels of administrative enforcement authority in China, namely the central and the local administrative enforcement departments. A patent holder or any interested third party may submit a complaint to the patent administration department in a patent infringement dispute. The Chinese courts operate with the principle of ‘justice and efficiency’. In the course of civil litigation, disputing or interested parties may apply for property preservation and injunction at a people’s court. The IPR administrative enforcement authorities and the Public Security Bureau, which is responsible for conducting criminal investigation, are IPR criminal enforcement bodies. The issue of IPR jurisdiction in China will be discussed in two contexts, first domestic disputes and second disputes involving a foreign element.
