Chinese and Western media have reported that former Supreme People’s Court IPR Tribunal Chief Judge Kong Xiangjun and former Deputy Chief Judge of the SPC’s first Circuit Court has been dismissed from his work at the SPC.Shanghai Jiaotong University, Koguan Law School also announced on September 7 that he would be joining their faculty.
Kong served nine months on the circuit court, when he was dismissed from that position by the NPC in 2015.He was dismissed from his SPC positions as both a trial judge and a member of the adjudication committee on September 3, 2016 by at the 23rd meeting of the Standing Committee of the 12th NPC.There had previously been rumors that Kong was going to leave the court when he served on the SPC’s circuit court, which he denied.
Several prominent Chinese judges recently published a Chinese language book on “The Judicial Protection of Trade Secrets” (商业秘密司法保护实务) (China Legal Publishing House May 2012) (536 pp, 98 RMB). The book is an important summary, compilation and reprinting of many key documents involving trade secret protection in China. It was edited by SPC IPR Tribunal Chief Judge Kong Xiangjun 孔祥俊 with the support of several prominent judges including Lang Guimei 郎贵梅(SPC), Song Jian 宋健(Jiangsu High Court), Dai Lei 戴磊 (Shandong High Court), Gu Tao 顾韬 (Jiangsu High Court), and Wu Xin 吴欣and Wang Chao 王潮 (Shanghai Number 2 Intermediate Court). Continue reading →
Judicial engagement with China on IP issues has frequently had a markedly different tenor from other forms of engagement, such as executive branch, business, or academic. Judges carry less political baggage than does executive branch of the government, may be more direct, and can also be more inclined to be more balanced in their approach, as they reflect upon the kinds of controversies they encounter every day in their courtroom. Most important of all, in judicial encounters with China, judges can also tend to highlight the respect that American society has for the judiciary, in their independence granted by the constitutional guarantees in their salary, their freedom from political interference and their ability to make law. Some judges, such as those of Chinese descent, also help in showing how America strives to be a fair and open system. Continue reading →