Panelist Profile

 

Judge Xia Luo

Supreme People's Court of China, Judge (CN)

 

Judge Luo received her Bachelor Degree in Law from Qinghai Nationalities University (1994) and Master Degree in Law from Beasley Law School of Temple University (2004). She has been studying Doctor Degree in civil law at the Chinese Academy of Social Sciences since September 2016.

Judge Luo has been working in the intellectual property division of the Supreme People’s Court of China (SPC) since August 2005, concentrating on the trials in respect of patent, plant variety protection, technology contract and unfair competition. She is one of the drafters for the Judicial Interpretation on Several Issues concerning the Application of Law in the Trial of New Plant Variety Infringement Dispute (2007). She specializes in patent disputes and is responsible for the Patent Right Judicial Examination Memorandums of SPC (2015?2016) . She is the author of the Patent Judicial Protection Report of the Pharmaceutical Field in China?2015?. She is in charge of draft the Rules Involving the Authorization and Determination of SPC in Patent Right?2007-2016?.

On behalf of patent judges of China, she gave speeches at IP Far East Conference, BRIC IP Forum, and European Patent Judges 30-Anniversary Seminar in 2006, 2007 and 2012, respectively and resided on the mock trial relating to standard and patent held at the 2012 AIPPI World Congress., and delivered the speech China Judicial Reforms Are Creating Opportunities for Technology Transfer and Licensing at the LESI Annual Conference in 2017.

Judge Luo has handled a large number of cases that are influential both in China and abroad and some of the judgments have been published in the Gazette of the SPC and selected as guiding cases of the SPC. Some known cases she handled include: unfair competition dispute between Italian company Ferrero and Chinese company Montresor, the patent infringement dispute between American company ELI Lilly and Chinese company HAOSOH pharmaceutical, the patent invalidation case of Cubist Pharmaceuticals company against the Patent Reexamination Board, the patent invalidation case of Takeda Pharmaceutical Company against the Patent Reexamination Board, the patent infringement dispute relating to standard and patent dispute between Zhang Jingting and Zi Ya He company, and the patent infringement lawsuit between HONDA motor company and Shuanghuan automobile company. The cases specify the standards of adjudication, effecting as important directives to trials of relevant cases. Some of the cases were selected as in the TOP 10 civil /administrative cases of 2015 and more cases were selected into the TOP 10 IP Cases and 50 Typical Cases of the China’s Courts, and for a number of times were awarded in such events as the Appraisals of Outstanding Achievement of National Courts and of the Annual Best 10 Cases of People’s Courts.