Abstract:
Research on the Application of Partial Judgment Rules in Intellectual Property Litigation under the Civil Procedure Law
In judicial practice, the complexity of intellectual property (IP) cases has led to a prominent problem of prolonged litigation periods. Lengthy proceedings cause difficulties for both parties and courts, undermining the timeliness of substantive relief for rights holders. Article 156 of China's Civil Procedure Law provides the legal basis for alleviating the lengthy trial cycle in IP cases by allowing courts to issue partial judgments on certain claims involving part of the facts. Some courts in China have begun invoking this provision to handle IP infringement disputes. However, the promotion of this adjudication model remains severely restricted by the lack of specific rules.
This article analyzes the concept of partial judgment under Chinese law, explores the rationality of the partial judgment model through a comparative study with relevant German judicial practices, and puts forward concrete suggestions regarding the prerequisites for applying partial judgments, their effectiveness, and other related issues.
TABLE OF CONTENTS
THE RESEARCH ON THE APPLICATION OF PARTIAL JUDGMENT IN CHINA’S INTELLECTUAL PROPERTY LITIGATION
Cheng Deli
I. INTRODUCTION
II. CONCEPTS: PARTIAL JUDGMENT AND RELEVANT INSTITUTIONS
A. Finality and Appealability of Partial Judgments
B. Specific Definition of ‘Part of the Facts’
III. STATUS QUO AND PROBLEMS: AN ANALYSIS BASED ON EXISTING PROVISIONS AND JUDICIAL PRACTICES
A. Current Rules
B. Judicial Practices
C. Existing Problems
IV. COMPARATIVE STUDY: JUDICIAL PRACTICES IN GERMANY
A. Staged Litigation in German IP Cases
B. Comparative Remarks
V. PROPOSALS: A SET OF APPLICATION RULES
A. Prerequisites for Issuing Partial Judgments
B. Comparisons with Interim Injunctions in Overlapping Spheres
C. The Optimal Way to Ensuring the Effectiveness of Partial Judgments’ Execution
VI. CONCLUSION
Author Profile:
Cheng Deli, Ph.D., Professor and Doctoral Supervisor at Shanghai International College of Intellectual Property, Tongji University; Director of the Department of International Intellectual Property Governance; IP Arbitrator; holds a Master of Laws and Ph.D. in Management from Tongji University and completed postdoctoral research in Applied Economics at Fudan University. He was a visiting scholar at the Max Planck Institute for Innovation and Competition and the Faculty of Law, University of Konstanz, Germany. Dr. Cheng is a Research Fellow at the Intellectual Property Research Center of Fudan University and an expert in Shanghai’s Foreign-Related Legal Talent Pool.
In recent years, he has led multiple projects under the National Science and Technology Support Program, Ministry of Education, and China National Intellectual Property Administration, published over 30 core journal articles, and authored four monographs. He has received the Second Prize of Research Achievements from the Ministry of Commerce (sole author), the Third Prize of Shanghai Decision-Making Consultation (2/3), and the First Prize of Shanghai Teaching Achievement Award (3/10). He serves as a reviewer for Chinese Management Studies, Frontiers of Engineering Management, and a book review expert for Taylor & Francis Group. Dr. Cheng has been recognized as an Advanced Individual in National Intellectual Property Talent Work and was awarded as an Outstanding Graduate Thesis Supervisor of Tongji University, with his students winning two First Prizes in the National College Students Copyright Essay Competition.
Source: China Legal Science, Issue 6, 2024
Reviewed by: Dang Jianwei
Approved by: Lin Min
Reprinted from the official WeChat account of “China Legal Science”.
