Are Intellectual Property Litigants Treated Fairer in China's Courts? An Empirical Study of Two Sample Courts
Indiana University Research Center for Chinese Politics and Business, RCCPB Working Paper #16
29 Pages Posted: 1 Nov 2012
Date Written: January 1, 2012
Abstract
Compared with regular civil cases, intellectual property cases more often involve: 1) profound scientific and technical issues; and 2) at least one foreign party. Empirical research in two sample courts, corroborated by information from other sources, reveals: 1) epistemic deference of judges, court leaders in particular, to expert opinions with respect to scientific and technical matters; and 2) more care and scrutiny from the court in foreign-related cases. Also due to higher participation of lawyers, intellectual property cases are generally tried in a fairer manner in China's courts.
Note: Downloadable document is in Chinese and English.
Suggested Citation: Suggested Citation