Decision of the NPC Standing Committee on Establishing IP Courts in Beijing, Shanghai and Guangzhou

(Adopted at the 10th meeting of the Standing Committee of the 12th National People's Congress on August 31, 2014)

 

In order to promote the implementation of the national innovation-driven development strategy, further strengthen IPR judicial protection so as to safeguard the legitimate rights and interests of the right holders, and protect the public interest, the following decisions are made in accordance with the Constitutional Law and the Organic Law of the People's Courts:

 

I. Establishing IP Courts in Beijing, Shanghai and Guangzhou

The tribunals of IP court will be determined by the Supreme People’s Court based on the type and quantity of the IP cases.

II. The IP court shall govern the IP civil and administrative cases of first instance involving patents, new plant varieties, integrated circuit design, technical secrets that are of high professional and technical level.

The administrative cases of first instance on determining IP authorization as filed in case of refusing to accept the award or decision made by the administrative department of the State Council shall be governed by Beijing IP Court.

The IP courts will govern the cases as set out in Paragraph 1 on a cross-region basis. Within the first three years following the establishment of the IP court, cross-region jurisdiction may be implemented in the province (municipality directly under the central government) where the court is located.

III. The cases of appeal on the IP civil and administrative judgments and awards of first instance involving copyright, trademark etc. as given by the grassroots people’s court of the city where the IP Court is located shall be tried by the IP Court.

IV. The cases of appeal on the judgments and awards of first instance given by the IP Court shall be tried by the High People’s Court of the region where the IP Court is located.

V. The trial work of the IP Court shall be subject to the supervision by the Supreme People’s Court and the High People’s Court of the region where the IP Court is located. The IP Court shall accept the legal supervision of the people's Procuratorate according to law.

VI. The President of the IP Court shall be appointed and dismissed by the standing committee of the people’s congress of the same level based on the application made by the directors meeting of the standing committee of the people’s congress of the city where the IP Court is located.

The Vice President, presiding judges, judges and members of the Judicial Committee shall be appointed and dismissed by the standing committee of the people’s congress of the city where the IP Court is located based on the application made by the President of the IP Court.

The IP Court shall be responsible and report to the standing committee of the people’s congress of the city where the IP Court is located.

VII. The Supreme People’s Court shall report to the Standing Committee of the National People'sCongress ; the NPC Standing Committee after this Decision has been implemented for three years.

VIII. This Decision shall be implemented as of the date of promulgation.

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