Recently, the spokesman of Henan Higher People's Court indicates that the pilot project of trying IP civil, administrative and criminal cases by one collegiate bench will be launched in intermediate courts of Henan Province.
While hearing two patent administrative litigations this year, Henan Higher People's Court tries out the "two-in-one" mode in trying the IP civil and administrative cases, successfully reconciling the two patent administration litigations.
During the process, a collegiate bench is formed by IP tribunal and administrative tribunal to try the cases of patent administrative disputes. This way, judges of administrative tribunal and IP tribunal can bring their respective advantages into full play, and rapidly and precisely grasp the issues such as dispute points in patent administrative cases and the criteria of patent infringement so as to effectively try related cases.
According to Liu Guanhua, head of the Third Civil Tribunal of Henan Higher People's Court, based on the experience of the provincial people's court, the "three-in-one" pilot project in trying IP civil, administrative and criminal cases will be launched in intermediate courts of the whole province. Through organizing the collegiate bench consisting of people from civil, administrative and criminal tribunals, the mode can optimize the trying resources, integrate trying strength, unify judging criteria and improve the overall level of IPR judicial protection of Henan Province.
2013-07-17