Enforcement

A unique feature of China's intellectual property enforcement mechanism is the so-called double track (litigation in court or administrative resolution) system. Under this system one may bring an action against the infringer directly in a court or request the relevant administrative authority to handle the dispute. It is important that administrative resolution need not necessarily be a procedure prior to judicial resolution.

Court system

The court system in China under the Organic Law of Courts consists of the following four levels:

• Supreme People's Court;

• Higher courts: each province , autonomous region, as well as the municipalities directly under the central government, has one higher people's court;

• Intermediate courts: each major city has one or two intermediate people's courts;

• Basic courts: each county and each district of a major city has a basic people's court.

China has adopted a 'two instances' system for trial. At present a total of 43 intermediate people's courts are authorized as the first instance courts to deal with foreign- related trademark cases and patent cases.

Administrative authority for patent affairs

A distinct feature of the Chinese patent system is that administrative authorities for patent affairs are established as departments under the local governments in all the provinces , autonomous regions , municipalities directly under the central government, or cities which consist of districts. Each department has a large amount of patent administration work to attend to and the ability to deal with the matter. The function of the authorities is to administer patent affairs and handle patent disputes in the areas of their jurisdiction. The authorities are not branches of the Patent Office and do not accept patent applications.

Administration of Industry and Commerce (AIC)

Administration of Industry and Commerce is established as administration departments under central and local governments. Its branches extend nationwide and reach the lowest level of a township. The function of AIC is of enterprise registration, market supervision, etc.