China establishes IP tribunal in the Supreme People’s Court

China

The Supreme People’s Court (“SPC”) of the People’s Republic of China (“PRC”) released the Provisions on Several Issues Related to Intellectual Property (“IP”) Tribunal (“Provisions”) on 27 December 2018. On the basis of the Provisions, the SPC established its IP tribunal (“SPC IP Tribunal”) on 1 January 2019. Judgments, rulings, meditation statements and decisions made by the SPC IP Tribunal should be regarded as final decisions made by the SPC itself.

According to the Provisions, the SPC IP Tribunal has the compulsory jurisdiction to hear the following cases:

  1. appeals of judgments and/or rulings in first instance civil cases that involve invention patents, utility model patents, new varieties of plants, integrated circuit designs, technological secrets, computer software or monopoly cases;
  2. appeals of decisions made in first instance administrative cases against judgments and/or rulings made by the Beijing Specialist IP Court, which deal with the grant and confirmation of the validity of patent rights in relation to inventions, utility models, designs, new varieties of plants or integrated circuit designs;
  3. appeals of decisions made in first instance administrative cases against judgments and/or rulings made by High People’s Courts, Specialist IP Courts or Intermediate People’s Courts, which deal with invention patents, utility model patents, design patents, new varieties of plants, integrated circuit designs, technological secrets, computer software or administrative penalties for monopolies;
  4. civil or administrative cases in the first instance, which are significant or complex across the country;
  5. re-trial applications, objections or re-trial against effective judgments, rulings or mediation statements that are mentioned in items 1, 2 and 3;
  6. jurisdiction disputes, applications for reconsideration of penalties or detention decisions, and applications for extending the trial period for cases mentioned in items 1, 2 and 3 above; and
  7. other cases that the SPC has designated to the SPC IP Tribunal.

With the consent of the litigants, the SPC IP Tribunal may deliver litigation documents, evidence and judgments via electronic litigation platforms, the China Judicial Process Information Online website (https://splcgk.court.gov.cn/gzfwww/), fax or email. In addition, the SPC IP Tribunal may organise the exchange of evidence and/or pre-trial conferences via electronic litigation platforms or online video.

Please click here to read the full text (in Chinese only) of the Provisions and click here to read our previous Law-Now on the Decision on Several Issues concerning Judicial Procedures for Patent and Other Intellectual Property Cases which is also related to the SPC IP Tribunal.