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

Lan, Rongjie, Are Intellectual Property Litigants Treated Fairer in China's Courts? An Empirical Study of Two Sample Courts (January 1, 2012). Indiana University Research Center for Chinese Politics and Business, RCCPB Working Paper #16, Available at SSRN: https://ssrn.com/abstract=2169373 or http://dx.doi.org/10.2139/ssrn.2169373

Rongjie Lan (Contact Author)

Zhejiang University ( email )

38 Zheda Road
Hangzhou, Zhejiang 310058
China

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