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The SCNP’s Decision on Setting up Intellectual Property Court in Beijing, Shanghai and Guangzhou

by:Xinhua News AgencyPosted:2014-08-31

 (Pass by the 10th Meeting of the 12th Session of SCNPC (Standing Committee of National People’s Congress on August 31 2014)

In order to promote the implement of the strategy of innovation-driven development, to enhance the judicial protection of IPR so as to protect the legal interest of right holder and the interests of the public, according to Constitution Law and Organic Law of the People’s Court, the decision was made as follows:

1. Set up IPR court in Beijing, Shanghai and Guangzhou

The Supreme People’s Court shall decide on the frame of the IPR court based on the consideration of types and caseload of the IP cases in these cities.

2. The IPR court shall have jurisdiction over the first instance of IPR-related civil cases and administrative cases concerning patent, new varieties of plants, layout designs of integrated circuit, technical secret.

3. The first-instance administrative cases involving authorization and determination of intellectual property rights brought up due to rejection to accept the ruling or decision of the administrative department of the State Council will be subjective to the jurisdiction of Beijing Intellectual Property Court.

 The IPR court shall implement cross-region jurisdiction over cases subject to Article One. In 3 years after the set-up of IPR court, it could implement cross-region jurisdiction within the same province or municipality directly under the Central Government.

4. The IPR court shall try copyright cases, trademark cases or other IPR-related cases on appeal which have been ruled out in first-instance civil judgment or administrative judgment by basic people’s court of the same jurisdiction.

5. The cases on appeal which have been ruled out in first-instance judgment shall be handled by the Supreme People’s Court of the same jurisdiction as the IPR court.

6. The juridical process in IPR court shall be supervised by Supreme People’s Court and higher People’s Court of the same jurisdiction as the IPR court. The IPR court shall also be supervised by people’s procuratorate.

7. The chief judge of the IPR court shall be appointed and removed from the post by the Standing Committee of the People’s Congress at the corresponding levels upon recommendation of the respective councils of chairmen of the municipal People’s Congress.

The vice-presidents, chief judges, judges and members of the judicial committees shall be appointed or removed by the municipal People’s Congress upon recommendation of the President of the IPR court.

8. The IPR court shall be responsible for and report its work to the standing committee of the municipal People’s Court.

9. In 3 years after the Decision comes into effective, the Supreme People’s Court shall report implementation of the Decision to the Standing Committee of NPC (National People’s Congress).

10.The Decision shall come into force as of the day of its promulgation.