China patents: Will China welcome amicus briefs in patent cases?

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

China patents: Will China welcome amicus briefs in patent cases?

The Beijing IP Court published a notice on its website in October 2015 entitled Collection and Publication of Opinions Regarding Law Application on Issues Related to Article 19.4 of the Trademark Law. This notice looks like irrelevant to the patent world, but actually the implication goes well beyond trade marks. Arguably, this court notice started something similar to the amicus brief system for Chinese IP cases. The issue in this case is related to whether or not Chinese trade mark agent firms are entitled to register trade marks under their own names except for their own trade names.

What is significant is that the panel adjudicating this case went out to associations and IP law centres in several law schools for opinions. The notice cited above published five law professors' opinions in full text. We do not know how the Beijing IP Court informed the law professors about the background of the case. But it is very interesting that the Court conducted such an experiment. Imagine what becomes possible if the same court issues a similar request in an injunction case involving standard essential patents?

The notice itself includes several interesting details:

First, it is the court panel that was assigned to this particular case that sought the opinion from the universities, associations and research centers. The court said it sent out "survey forms" to such entities. The notice was signed by the three judges' names. Second, the reason the panel sought the opinion is that the relevant legal provision is new and the very issue is of importance to the trade mark filing practice and growth of the trade mark agency sector. Third, the notice states that the panel published five opinions it received, for the purpose of "impartiality" and "transparency". The panel did not say how many opinions it received in total.

The implications of this notice could be far-reaching in terms of improvement of the judiciary transparency and quality of adjudication. A system similar to amicus briefs will allow the courts to hear from those interested parties on some very complex legal issues that may have significant social impact. The involvement of key stakeholders and thought leaders, including those from the international legal community, will assist the courts to increase the depth of thinking. China now uses "guiding cases" or leading cases to improve the consistency of judgments and to guide local courts to deal with controversial issues. Amicus brief will certainly benefit the courts to decide what should be those "guiding cases".

The court notice issued on October 13 is clearly another sign of commitment to a better IP system in China. The Beijing IP Court is the first IP court to be established in China. The judges appointed to this court have been considered among the best in China. Hopefully, the first experiment in trade mark cases will soon expand over to the patent world.

Jing-He

He Jing


AnJie Law Firm26/F, Tower D, Central International Trade Center6A Jianguomenwai Avenue, Chaoyang District, Beijing 100022, PR ChinaTel: +86 10 8567 5988Fax: +86 10 8567 5999wuli@anjielaw.comwww.anjielaw.com

more from across site and SHARED ros bottom lb

More from across our site

Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Julia Bishop is director of IP at Twilio in the US
Hellberg is an IP director at Essity in Sweden
Teemu Itälä is head of legal and compliance for technology standards at Nokia in Finland
Palińska is the business & IP law lead at CD Projekt Red in Poland
Schwitulla is the head of litigation management at Nokia in Germany
Gift this article