Newsletter
PRC Supreme People's Court Announces and Implements Regulations Pertaining to the Jurisdiction of IP Cases in Intellectual Property Courts
On October 27, 2014 during its 1628th session, the Judicial Committee of the Supreme People's Court in China passed Regulations of the Supreme People's Court on Jurisdiction in Intellectual Property Cases of the Beijing, Shanghai, Guangzhou IP Courts (referred to herein as “the Regulations”). After being publicly announced on October 31, 2014, the Regulations went into effect on November 3, 2014. The Regulations contain the following provisions:
Article 1 The following cases shall be adjudicated by the Intellectual Property Court in the city of its respective jurisdiction as the court of first instance:
(1) Civil and administrative cases concerning patents, new plant varieties, integrated circuit layout design, trade secrets, and computer software;
(2) Administrative suits against decisions made by departments under the PRC State Council or Local People's Governments at the county level or higher relating to copyrights, trademarks, and unfair competition;
(3) Civil cases relating to the determination of famous trademarks.
Article 2 The Guangzhou Intellectual Property Court has trans-regional jurisdiction in Guangzhou Province with respect to Article 1 (1) and (3) of the Regulations.
Article 3 The respective Intermediate People's Courts of Beijing and Shanghai, as well as the Intermediate People's Court of Guangzhou, shall cease to accept civil and administrative cases relating to intellectual property rights.
Other Intermediate People's Courts in Guangdong Province shall cease to accept cases outlined in Article 1 (1) and (3) of the Regulations.
All Basic People's Courts in Beijing, Shanghai and Guangdong Province shall cease to accept cases in Article 1 (1) and (3) of the Regulations.
Article 4 Where the subject matter of a case contains content outlined in Article 1 (1) and (3) of the Regulations and also contains other content, the jurisdiction of such cases shall be determined in accordance with Articles 1 and 2.
Article 5 The Beijing Intellectual Property Court shall have jurisdiction over the following administrative cases as the court of first instance:
(1) Appeals on rulings or decisions made by departments under the PRC State Council on cases of allowability or validity of intellectual property rights such as patents, trademarks, new plant varieties, and integrated circuit layout design;
(2) Appeals on rulings made by departments under the PRC State Council on cases relating to compulsory licensing decision and compulsory licensing fees or remuneration for patents, new plant varieties, and integrated circuit layout design;
(3) Appeals on other administrative actions made by departments under the PRC State Council on cases relating to allowability or validity of intellectual property rights.
Article 6 Appeals by parties with respect to civil and administrative judgments or rulings at first instance of a Basic People's Court in the city in which the Intellectual Property Court is located on cases relating to intellectual property rights such as copyrights, trademarks, technology contracts, and unfair competition shall be adjudicated by the Intellectual Property Court.
Article 7 Appeals by parties with respect to judgments at first instance of an Intellectual Property Court and applications duly lodged by parties for reconsideration of a case by a higher court shall be adjudicated by the Intellectual Property Tribunal of the High People's Court in the city in which the Intellectual Property Court is located.
Article 8 Cases pertaining to Article 1 (1) and (3) of the Regulations that were already accepted by a Basic People's Court in the province (municipality) in which the Intellectual Property Court is located but not yet concluded prior to the establishment of the Intellectual Property Court shall continue to be adjudicated by the said Basic People's Court.
With the exception of cases adjudicated by the Guangzhou Intermediate People's Court, all cases pertaining to Article 1 (1) and (3) of the Regulations that were already accepted by other Intermediate People's Courts in Guangdong Province but not yet concluded prior to the establishment of Guangzhou Intellectual Property Court shall continue to be adjudicated by the said Intermediate People's Court.