China says int’l (WTO) IP rules will apply in domestic trials

International intellectual property rights laws will take precedence whenever they are applied in Chinese domestic trials even if they differ from domestic laws, a senior judicial figure told a national conference on IPR-related trials according to the China Daily newspaper (WTD, 1/16/08). Chinese IPR laws are typically in tune with international IPR laws, so equal protection is accorded to both overseas and domestic IPR owners, Cao Jianming, vice-president of the Supreme People's Court, said yesterday. But when they are not, China will give priority to international conventions that are directly applicable to domestic IPR case trials, said Cao.

As for regulations among documents that China signed on accession to the World Trade Organization, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights, the endeavor is to transform them into domestic laws.

"And for those that have already been enshrined in domestic laws, their execution is bound by international treaties," he said. "IPR protection has become a constant strategic topic in China's external affairs," Cao said. "On the one hand, China has made remarkable progress; while on the other, some developed countries keep applying pressure as global IPR competition intensifies. It is impossible to solve in a short time contradictions between China's economic and technical shortcomings as a developing country and the high IPR protection standards proposed by developed countries. The disputes will last for a long time."