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At the hub of intellectual property

The judge Jian Li

Jian Li (Foto: Anna Vabitsch).

Jian Li, a 31-year-old judge from Beijing, is delighted to be in the mecca of German and European patent law. As one of the Alexander von Humboldt Foundation's German Chancellor Fellows he is spending a year working at the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich.

That he was going to become a judge was clear from the moment he was born: his first name, Jian means sword and that is precisely what the allegorical figure Justitia, the embodiment of abstract justice, holds in her raised hand. And his career so far has been just as straight as a sword, too, the Chinese lawyer explains: After completing his Bachelor's and Master's in Law at East China University of Politics and Law in Shanghai, he started working at the Supreme People's Court in Beijing in 2000. The Supreme People's Court is the equivalent of the German Federal Court of Justice and thus the court of last resort in civil, criminal and other cases. Initially, Li was a clerk and had to take the minutes of the proceedings. Since 2002, he has been working as a for patent law. "I've made my hobby into my job," Li comments. Both during his studies and in his free-time he has been particularly interested in legal issues relating to intellectual property.

On one of his regular visits to the Alexander von Humboldt Foundation's website, Li happened upon the announcement of the German Chancellor Fellowships which where granted to Chinese candidates for the first time in 2007. He made contact with Joseph Straus, expert for patent law at the Max Planck Institute (MPI) for Intellectual Property, Competition and Tax Law. They had already met at a seminar in Beijing and drew up a research project together. Li was delighted that he was accepted for a fellowship because Germany plays an essential role in the international field of patent, and he regards Munich as the capital of European patent law: In the Bavarian conurbation you can find the German Patent and Trade Mark Office, the Federal Patent Court and the European Patent Office. The fact that he was able to become a guest researcher with Straus makes the young magistrate's happiness complete. "It is a huge honour for me to be allowed to work with Professor Straus who is an eminent international expert in this field," Li comments gratefully.

The fight against trademark piracy: "There's still a lot to be done." Bogus bags at a market in Shanghai (Foto: picture-alliance / dpa-Report / epa Michael Reynolds). Click here for a larger image.

Li has set his sights high for his project: he wants to compare the specific procedure relating to nullity action in German and Chinese patent law. During nullity cases the Federal Patent Court examines whether the subject of a patent is novel by comparison with state of the art and whether it is based on the inventive step. These two aspects are the essential prerequisites for issuing a patent. Nullity cases go to two hearings at the Federal Patent Court and the Federal Court of Justice. The significance of this litigation is enormous: almost without exception it relates to patents of considerable economic importance. One of the reasons why Li wanted to come to Germany was that there are essential parallels between German and Chinese patent law. "But the German system has a much longer tradition behind it," Li points out. The current legal frame for protecting patents, trade marks and copyright in China only came into force in the 1980s. As the court of last resort, Li explains, the Supreme People's Court is charged with taking disciplinary action against defiance of the law - as in the case of trademark piracy, for example. Even though many laws and regulations have been brought into line with international standards since China joined the World Trade Organization, though there is still a lot to be done, the young judge commented.

Jian Li (Foto: Anna Vabitsch). Click here for a larger image.

The German Chancellor Fellow is interested in the practical application of the nullity procedure as well as its efficiency. Depending on how complex the case is, litigation can last from one to three years, Li explains. Currently, he is carrying out research in the well-stocked library of the MPI and attending lectures and seminars. "For me, the stay in Munich is a great opportunity to get background information and data at first hand," Li explains. Th us he finds the discourse with other lawyers at his host institute particularly fruitful. Normally once a week, he meets his mentor Straus and other colleagues for lunch where they can talk in a relaxed atmosphere about - amongst other things - patents.

During the second half of his stay, Li would like to augment the theoretical results of his investigations with practical experience. In the context of a work placement he would like to gain more profound insights into German patent law and interview experts from the field of intellectual property. At the end of his research stay, Li wants to draw up recommendations on the basis of his findings which can be used to continue the development of nullity litigation in Chinese patent law. Furthermore, he would like his work to contribute to strengthening the relations between China and Germany in the field of intellectual property. When he is back in China, Li will return to his working position in Supreme People's Court and devote himself to the career of keeping justice in which he pours great enthusiasm.

By Anna Vabitsch

05.12.2007

Jian Li is judge at the Supreme People's Court of China in Beijing. With a German Chancellor Fellowship Li does his research in 2007 at the Max Planck Institute for Intellectual Property, Competition and Tax Law in Munich.