CHENGDU’S INTELLECTUAL PROPERTY COURT COMMENCES OPERATIONS

In early in 2016 we wrote about Chengdu’s efforts to establish an intellectual property court and we can confirm that in January 2017 the Chengdu’s specialist IP court , was given formal approval to commence operations and is based in the Tianfu New Area.  

The development of specialist intellectual property courts was announced in November 2014 and this was in response from various internal and external concerns regarding intellectual property safeguards and infringements.  Since the Beijing, Shanghai and Guangzhou specialist intellectual property courts commenced operations,  they have develop strong intellectual property safeguards and prosecuted cases within a very reasonable time frame. A 2016 China Daily article  article raised very interesting issues regarding the operations of the newly created IP courts and that the Beijing IP court in 2015, determined 5,432 cases with the average turnaround time of 125 days , which is unheard of in many external jurisdictions.

Accordingly with the success of these specialist IP courts it was recently announced that four other cities, including Chengdu,  have been granted approval to develop their standalone intellectual property courts. The ’Supreme People's Court, Chengdu Intellectual Property Court’ commenced operations on the 9^th January, 2017  and is located in the Tianfu New Area, Science City neighbourhood. Party Secretary Mr. Tang Liangzhi stated ‘we will vigorously implement strategies and improvements to intellectual property protections and safeguards,  that will strongly encourage innovation and entrepreneurial activity, accelerate the transformation of scientific and technological achievements, and build Chengdu into a leading intellectual property City’.  

In 2016 there were over 36,000 patent applications lodged in Chengdu a 20.8% growth and the majority of them were within the fields of technology, science, new material and life sciences. Indeed if the efficiencies and safeguards enunciated in Beijing IP court can be developed in Chengdu, especially the turnaround time for decisions,  it will significantly help Chengdu and Sichuan to become the pivotal intellectual property City and Province within Western China.  

The Chengdu IP court is also located in the Tianfu New Area and within the confines of Science City. In October 2014 , China’s State Council approved the development of the “Tianfu New Area” a national development zone, covering 1,578 kms within the Sichuan province, Western China. China’s State Council said in a statement “that the Tianfu New Area will explore new ways of development and opening-up in China's western regions, enhance economic growth in the country's inland regions and push forward economic restructuring”. The Tianfu New Area master plan also envisages, developing specialist zones the innovative and strategic industries of bio-medicine, bio pharmaceutical, energy conservation, new materials, intelligent manufacturing, high quality equipment manufacturing and advanced information technology applications.

Indeed the development of Chengdu’s specialist intellectual property will greatly assist with inventors and innovators to better develop their ground breaking research because after  all  ‘one research and product innovations is theirs and theirs alone’ and every effort should be made to strongly safeguard  one’s intellectual property.  

We at investinchengdu.com and Dailu are very cognisant of this issue and have been regularly told ‘if I come to Chengdu and Western China what safeguards do I have in developing my bio medical and medical device endeavours ‘.

Our response has been that intellectual property infringements occur in all jurisdictions and especially when start-ups have ground breaking healthcare innovations because you are always dealing with people.  

Indeed the recent improvements in Chinese intellectual property safeguards and the development of Chengdu’s specialist intellectual property court  will greatly assist in minimising these infringement challenges.

However there are other issues that readers need to be aware of and that of Chengdu’s esteemed respect for the rule of law and business ethics. Chengdu with a history of over 2,300 years, has cultivated a very unique characteristic that of ‘Honest Chengdu’ a term we at Dailu coined,  and it is this honesty amongst its institutions and citizens that will also give comfort to overseas healthcare professionals who are thinking of making the mover over.

Finally we note the Chengdu Municipal Government has also introduced a plethora of policies to attract overseas talented professionals to their innovation and incubation hubs. Individuals who have developed their acute knowledge and research within the STEM (Science, Technology, Engineering and Math) fields along with those in the rapidly expanding health industries, such as being awarded PhD and Nobel Prizes will be eligible to receive significant financial incentives (up to RMB 50 million each) to develop their start-up enterprises.

Slowly the world will appreciate and understand the true nature of this Western China economic powerhouse city and region.  Surely, it is only a matter of time before Chengdu attracts the highly knowledgeable, talented and technically strong overseas healthcare professionals to develop their bio medical and medical device endeavours and ingenuity.

Disclaimer: This article was written and researched by www.Investinchengdu.com and Chengdu ‘Dailu’  Business and Management Advisory Services Co Ltd. 成都带路企业管理咨询有限公司