On Aug 31st, the 10th meeting of 12th Standing Committee of the National People's Congress (SCNPC) passed "the Decision on establishment of intellectual property courts in Beijing, Shanghai and Guangzhou". Within the Decision, according to the Constitution and the Organic Law of the People 's Courts, the SCNPC decided to establish intellectual property courts in Beijing, Shanghai and Guangzhou, motivating the National Innovation-driven Development Strategy and further strengthening the IP protection to safeguard the interest of patent owners and social public.
The Decision confirmed, The intellectual property courts are responsible for the first instance of civil and administrative cases on IP issues including professional and technical cases about patents, new plant varieties, integrated circuit layout design and technical secret. IP courts could conduct cross-regional jurisdiction on IP cases. Cross-provincial practice would be conducted during the forthcoming 3 years.
The Decision also confirmed, Beijing Intellectual Property Court would be responsible for the cases on the first instance IP issues owing to the refusal to the ruling or decision by administrative department of the State Council. Intellectual Property Courts would also be responsible for the cases on appeal for the first instance of civil and administrative judgment on IP issues, such as Copyright and trademark, by the local inferior people's courts. And the appeals on the first instance by Intellectual Property Courts would be issued to the local supreme people's courts.
According to the statistics, the number of first instance cases on IP issues in Beijing, Shanghai and Guangdong respectively reaches to 12,464, 5,158, and 24,843, and that of second instance to 14,934, 5,708 and 29,836.
(China IP News)
2014-10-22