Starbucks "NOW" case in this regard [this Kat has previously expressed his own views on this case].
|Balancing acts: best when not "amorphous"|
The final judge to speak was Judge Cheng. As with his Chinese colleague He Zhiman, who spoke yesterday, Judge Cheng spoke with refreshing openness about judicial IP matters. His focus was on the development of the court system in China as it applied to IP matters and how such challenges might better met by the establishment of specialized IP courts in 2014. Three main problems were described regarding the courts as they dealt with IP issues: (i) inexperienced judges: (ii) inconsistent decisions and (iii) uneven distribution of cases loads across different regions. To address this, specialized IP courts have been so far been established in Beijing, Shanghai and Guangzhou. As well, other measures, such as the submission of amicus curiae briefs, are being considered.