According to recent 2015 U.S.-China Strategic & Economic Dialogue, China commits that the intermediate people’s court in the locality of the antimonopoly enforcement body issuing the administrative decision under the Anti-Monopoly Law (AML) would have jurisdiction over the administrative appeal regarding that decision; provided that when such decision involves intellectual property rights, and the issuing authority is located in Beijing, Shanghai or Guangzhou, the intellectual property (IP) court in that municipality would have jurisdiction over the administrative appeal.
114 thoughts on “Chinese IP Courts’ Jurisdiction over Antimonopoly Law Appeals”
This outcome seems to restate existing law. The more interesting question is whether the IP courts should have both civil and admin jurisdiction over all AML cases, much like they do in IP. In addition, might the courts then hire economists as technical assessors???
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