Brief Introduction of Shanghai Intellectual Property Court

According to the major deployment of the Third Plenary Session of the 18th CPC Central Committee on "exploring to establish the IP court", the Scheme on Establishment of Intellectual Property Court printed and issued by the Politics and Law Committee of Central Committee of CPC with the approval of Central Leading Group on Comprehensively Deepening Reform and Decision of the NPC Standing Committee on Establishing IP Courts in Beijing, Shanghai and Guangzhou, and upon the approval and consent of the State Commission Office for Public Sector Reform, the Supreme People's Court and Shanghai Commission Office for Public Sector Reform, Shanghai Intellectual Property Court is established with the similar organization as an intermediate people's court, and shares the same office with Shanghai No.3 Intermediate People's Court.

Shanghai Intellectual Property Court is one of the first IP courts established in China and was officially inaugurated by Han Zheng, the member of the Political Bureau of the CPC Central Committee and the Secretary of Shanghai Municipal Committee of CPC and Zhou Qiang, the President of the Supreme People’s Court jointly on December 28, 2014. 

Shanghai Intellectual Property Court is established as an intermediate people's court of a municipality directly under the central government and uses the same organization account with Shanghai No.3 Intermediate People's Court and has 1 President and 2 Vice Presidents.

·         Shanghai Intellectual Property Court and Shanghai No.3 Intermediate People's Court will carry out their own trial business respectively, but uses the same organization account with Shanghai No.3 Intermediate People's Court in administration. It has independent trial departments, but uses the same organization account with Shanghai No.3 Intermediate People's Court in administration, management of political affairs, Party related affairs and personnel, discipline and supervision, propaganda, executive affairs, bailiff and logistics support.

Shanghai Intellectual Property Court shall, according to the requirements on Shanghai judicial reform pilot program as approved by the Central Leading Group on Comprehensively Deepening Reform, implement the management of personnel in categories. The personnel will be divided into judges, trial support personnel, and judicial administrative personnel, and the number of judges shall be determined according to the workload of trial, degree of complexity and difficulty of cases and the level of economic development.

In accordance with the provisions of the Civil Procedure Law of the People's Republic of China, Administrative Procedure Law of the People's Republic of China, Decision of the NPC Standing Committee on Establishing IP Courts in Beijing, Shanghai and Guangzhou, the Provisions of the Supreme People’s Court on the Jurisdiction of the IP Courts established in Beijing, Shanghai and Guangzhou over Cases, the Notice of the Supreme People’s Court on Issues Concerning the Jurisdiction of the IP Courts over Cases and other relevant laws and judicial interpretations, Shanghai Intellectual Property Court shall govern the following cases within the municipality: 1. The IP civil and administrative cases of first instance involving patents, new plant varieties, integrated circuit design, technical secrets, and computer software. 2. The IP administrative cases of first instance involving copyright, trademark, unfair competition and other administrative acts of the people’s governments at the district and county level. 3. The IP civil cases of first instance involving recognition of well-known trademarks. 4. The monopoly-related civil cases of first instance. 5. The cases of appeal on IP civil and administrative judgments and awards of first instance involving copyright, trademarks, technology contract, unfair competition given by the grassroots people's courts of Shanghai. 6. Other IP civil and administrative cases within its jurisdiction under law.

Shanghai Intellectual Property Court shall perform its statutory duties as of January 1, 2015. Office address: No. 988 Zhangheng Road, Pudong New Area. 

Transportation: Metro Line 2 Jinke Road Station, Zhang Jiang South Ring, Bus No.1090, Zhangjiang Tram No.1, No.188, No.609, shuttle bus in Zhangjiang Hi-Tech Park.

Postal code: 201203   website: http://shzcfy.hshfy.sh.cn

contact us

Tel:021-58951988
Email:shzcfy@163.com
Post Code:201203
Address:No. 988 Zhangheng Road, Pudong New Area, Shanghai
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