From rules to methods: application of international intellectual property treaties in domestic courts of China

Abstract

Abstract This article reviews the methods taken by domestic courts in China in the judicial application of international intellectual property (IP) treaties. The proposition of the ‘Belt and Road’ initiative reinforced the significance of IP protection in China, and the emergence of IP courts allows for significant flexibility in the judicial application of international IP treaties. However, the domestic rules regarding treaty application provide rather limited guidance to domestic courts. Thus, the methods of treaty application in judicial practice have been inconsistent and unpredictable. This article finds that, in the vast majority of the cases, domestic law has been applied as the only legal authority. In a small number of cases, both treaty and domestic law were applied. In addition, an innovative approach should be noted in which international treaties are cited to interpret domestic law. Finally, the article puts forward some suggestions for improvement.