(Adopted on 27 October 2014 at the 1628th Meeting of the Adjudication Committee, Supreme People’s Court,
Fa Shi (2014) No. 12)
These Regulations are enacted to elaborate the jurisdiction of the intellectual property courts of Beijing, Shanghai and Guangzhou, based on the Civil Procedural Law of the People’s Republic of China, Administrative Litigation Law of the People’s Republic of China, and the Decisions of the Standing Committee of the National People’s Congress on the Establishment of Intellectual Property Courts in Beijing, Shanghai and Guangzhou.
Article 1 Intellectual property courts have first-instance jurisdiction over the following cases taking place in the city ‘s jurisdiction where they are located:
(1)Civil and administrative cases involving a patent, new plant variety, integrated circuit layout design, technology secret and computer software;
(2)Administrative cases involving actions taken against State Council’s departments or county level and above people’s governments for their administrative conduct with respect to copyright, trademark, unfair competition issues;
(3)Civil cases involving determination of nationally well-known mark.
Article 2 The Guangzhou Intellectual Property Court shall have cross-regional jurisdiction within the Guangdong Province for the cases under paragraphs (1) and (3) of Article 1.
Article 3 The intermediate people’s courts of the Beijing Municipality, Shanghai Municipality, and intermediate people’s courts of Guangzhou City will no longer accept civil and administrative cases involving intellectual property disputes.
The other intermediate people’s courts of Guangdong Province will no longer accept cases under paragraphs (1) and (3) of Article 1.
The basic people’s courts of the Beijing Municipality, Shanghai Municipality and Guangdong City will no longer accept cases under paragraphs (1) and (3) of Article 1.
Article 4 Where the subject matter includes both those provided under paragraphs (1) and (3) of Article 1 and other matters, jurisdiction shall be determined based on Article 1 and Article 2.
Article 5 The following first instance administrative cases shall be under the jurisdiction of the Beijing Intellectual Property Court:
(1)Actions against State Council departments for rulings or decisions involving the granting or determination of intellectual property rights in patent, trademark, new plant variety, integrated circuit layout design, etc.;
(2)Action against State Council departments for decisions on compulsory licensing, or rulings on royalties or compensation for compulsory licensing, relating to patent, new plant variety and integrated circuit layout design;
(3)Action against State Council departments for other administrative conduct involving the granting or determination of intellectual property rights.
Article 6 The intellectual property courts shall hear cases where a party appeals against the first-instance civil or administrative judgment or ruling by a basic people’s court located in a city where an intellectual property court is located involving intellectual property disputes in copyright, trademark, technical contract and unfair competition, etc.
Article 7The intellectual property division of the high people’s court at the locality of the intellectual property court shall hear cases where a party appeals against a first instance decision or ruling by the intellectual property court or applies for review by a higher level court according to law.
Article 8 Where the basic people’s courts in the province (municipality) where the intellectual property court is located have accepted cases under paragraphs (1) and (3) of Article 1 prior to the established the intellectual property courts and where such cases are still unconcluded, the said basic courts shall continue with the adjudication of the said cases.
Except for the Intermediate People’s Court of Guangzhou City, other intermediate people’s courts in Guangdong Province that have accepted cases under paragraphs (1) and (3) of Article 1 prior to the establishment of the intellectual property court and where such cases are still unconcluded, the said intermediate people’s courts shall continue with the adjudication of the said cases.
Selection and appointment of judges for intellectual property courts shall be guided by the local high people’s courts, and important issues shall be promptly reported to the Supreme People’s Court, and the local Party committee and political and legal affairs commission.
