(Adopted at the 1628th Meeting of the Judicial Committee of the Supreme People’s Court on October 27, 2014)
Judicial Interpretation No. 12 [2014]
Decision of the Supreme People’s Court on the Jurisdiction of IP Courts in Beijing, Shanghai and Guangzhou over Cases adopted at the 1628th Meeting of the Judicial Committee of the Supreme People’s Court on October 27, 2014 is promulgated now and shall be implemented as of November 3, 2014.
Supreme People’s Court
October 31, 2014
In order to further define the jurisdiction of the Beijing, Shanghai and Guangzhou IP Courts over cases, these provisions are formulated according to the Civil Procedural Law of the PRC, the Administrative Law of the PRC, and the Decision of the NPC Standing Committee on Establishing IP Courts in Beijing, Shanghai and Guangzhou.
Article 1 The IP Court shall govern the following cases of first instance in the city within its jurisdiction:
(I) The civil and administrative cases involving patents, new plant varieties, integrated circuit design, technical secrets, and computer software.
(II) The IP administrative cases involving copyright, trademark, unfair competition and other administrative acts of the State Council and the people’s governments at the county level and above.
(III) The IP civil cases involving recognition of well-known trademarks.
Article 2 Guangzhou IP Court will implement cross-region jurisdiction over the cases as set out in Article 1 (1) and (3) hereof in Guangdong Province.
Article 3 The
Other
The grassroots people’s courts of Beijing, Shanghai and Guangdong will no longer accept the cases as set out in Article 1 (1) and (3) hereof.
Article 4 Where the subject of the case includes both the contents set out in Article 1 (1) and (3) hereof and other contents, the jurisdiction shall be determined according to the provisions of Article 1 and Article 2 hereof.
Article 5 The following administrative cases of first instance shall be governed by Beijing IP Court:
(I) Refusing to accept the award or decision made by the administrative department of the State Council on determining IP authorization concerning patents, trademarks, new plant varieties, or integrated circuit design;
(II) Refusing to accept the compulsory licensing decisions and the awards on compulsory license fees or remunerations made by the administrative department of the State Council patents, new plant varieties, or integrated circuit design;
(III) Refusing to accept other acts taken by the administrative department of the State Council on determining IP authorization.
Article 6 The cases of appeal filed by parties concerned on the IP civil and administrative judgments and awards of first instance involving copyright, trademark, technical contracts, unfair competition given by the grassroots people’s court of the city where the IP Court is located shall be tried by the IP Court.
Article 7 The cases of appeal on the judgments and awards of first instance given by the IP Court and the cases of application for review by the court of the higher level according to law shall be tried by the IP Tribunal of the High People’s Court of the region where the IP Court is located.
Article 8 The cases within the scope as stipulated in Article 1 (1) and (3) hereof that had been accepted but had not be tried by the grassroots people’s courts of the province (municipality directly under the central government) where the IP Court is located before the IP Court was established shall be tried by such grassroots people’s courts continuously.
The cases within the scope as stipulated in Article 1 (1) and (3) hereof that had been accepted but had not be tried by the
