At the Second Working Conference on IPR Trial in Jinan on February 19, Cao Jianming, Executive Vice President of the Supreme People's Court (SPC) instructed local courts to properly handle IPR cases of new natures, gradually expand jurisdiction of IPR cases and regulate IPR new types of conflicts by law.

The SPC has approved the Regulations and will put into effect in the near future. In an attempt to normalize IPR disputes, the Regulations sets IPR dispute as Level 1 cause of action, right ownership, infringement－unfair competition and antitrust disputes as Level 2, followed by 33 Level 3s and 86 Level 4s. In addition, under another Level 1, cause of action applicable for special proceedings, 3 Level 3 causes of action including preliminary injunction are installed.

Compared with the old Regulations on the Cause of Civil Action (Trial), the new regulations include company (trade) names, special signs, and contract and infringement disputes relating to domain names into IPR disputes. All IPR－related contract disputes including power of attorney and franchising are placed in the category of IPR contract disputes while confidentiality contract is listed separately. Preliminary injunction and its relevant damages alongside claim for declaratory judgment are inside the scope of IPR infringement.

(China IP News)