Mary:
I am replying to your questions between the lines:
At 12:52 PM 5/1/97 +0000, you wrote:
>I have a student who is looking for the following information
>concerning copyright in the Peoples Republic of China:
>
>1) the cite for a case - Schneider Electric SA v. Wenzhou Zhengti
>Electrical Equipment Company Limited
>
There is no official case law reporting system in China, but you may find
the case in the following sources:
(1) China Law & Practice, Hong Kong : Asia Law & Practice Ltd., 1987-, ten
times a year. This periodical reports important Chinese cases related to
Chinese business law practice.
(2) China Legal Precedents (Cases) Database (available in both Chinese and
English). This database is part of the CHINA LAWS AND REGULATIONS DATABASE
distributed by AsiaInfo Service Inc., mentioned above.
(3) The China Law Reports (Editor-in-chief: Priscilla Leung Mei-fun), Hong
Kong : Butterworths Asia, 1995-, irregularly.
(4) Gazette of the Supreme People's Court of the PRC
>2) A source (other than a newsletter article) stating that the
>holder of an intellectual property right in China may file a lawsuit
>directly with a court or may request a designated administrative
>authority to handle the infringement case.
>
Article 60 of the Chinese Patent Law provides that if any acts of patent
infringement arise, "the patentee or interested parties may request the
administrative authorities for patent affairs to handle the matter or may
directly file suit in a people's court."
>3) A source verifying that China has established specialized intellectual
property
>divisions within courts.
>
In the article of "China's Courts Strengthened Power on Judicial Protection
of IPR" written by Lin Guoguang, Vice President of the Supreme Peoples'
Court of PRC, published in March 1996 "China Law" (Hong Kong : China Law
Magazine Ltd., 1994- ), the author states: "As IPR cases are highly
specialized and technical, the Supreme People's Court has set up IPR Working
Office to strengthen guidance to and supervision on trial of IPR cases. The
higher people's courts in Beijing, Shanghai, Tianjin, Guangdong, Fujian,
Jaiangsu and Hainan, and the intermediate people's courts in the capital
cities of these provinces, municipalities and the special economic zones
have successively established IPR trial divisions as their actual needs
demand. The higher and intermediate people's courts in other areas have set
up panels in the economic and civil trial divisions to exclusively look
after industrial property and copyright cases."
>I've checked Lexis and done a fair amount of websurfing without any
>success.
>
>Suggestions for places to look welcomed.
>
>Thanks,
>
>Mary
>
>Mary G. Persyn mpersyn@wesemann.valpo.edu
>Law Librarian (219) 465-7838
>School of Law Library FAX: (219) 465-7917
>Valparaiso University
>Valparaiso, IN 46383
Hope these help!
Wei Luo
Assistant Technical Services Librarian and Assistant Professor
School of Law Library, Mailcode 6803
Southern Illinois University at Carbondale
Carbondale, IL 62901
Phone: 618-453-8783
Fax: 618-453-8728
E-mail: weiluo@siu.edu
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