current location: Home > News

China Intends to Establish a Trial Mechanism of Intellectual Property Case on Appeal at the National Level

Release time:2018-12-26 17:17:12 作者:IPC source:Xinhua News Agency

The Decision on Several Issues Concerning Litigation Procedure of Patent and Other Intellectual Property Cases (Draft) was submitted to the Standing Committee of the National People's Congress for deliberation on the 22nd. The draft stipulates that if the party refuses to accept the judgment or order of a civil or administrative first-instance case involving professional technology, the appeal shall be made to the Supreme People's Court. 


“Establishing the trial mechanism of intellectual property case on appeal at the national level, is a significant deployment made in the first meeting of the Central Leading Group for Comprehensively Deepening Reforms of 19th Central Committee,” said Zhou Qiang, the president of the Supreme People's Court, when making the explanation of the Draft. Recently, the CPC Central Committee has approved the establishment of the Intellectual Property Court by the Supreme People's Court to uniformly try patent and other intellectual property cases on appeal involving professional technologies throughout the country.


Zhou Qiang said that the centralized jurisdiction over the cases on appeal of invention and utility model patents, etc. by the the Intellectual Property Court of the Supreme People's Court will advance the optimization of the law-based environment for scientific and technological innovations, strengthening the equal legal protection of intellectual property rights for both Chinese and foreign enterprises, and contributing to a law-based, international and convenient business environment. The aforesaid cases, such like patent cases, bear special professionalism and high complexity. The centralization of the second-instance jurisdiction of these civil and administrative cases to the Intellectual Property Court of the Supreme People's Court, realized the connection between two major litigation procedures and trial criteria over effectiveness and infringement judging of intellectual property rights, which solved the problems such like disunity of trial criteria that restraining scientific and technological innovations in terms of mechanism, improved the quality and efficiency of the trial of IP cases, strengthened the judicial protection of intellectual property rights, and substantially improved the judicial credibility. (Xinhua News Agency)


(The English Version is for reference only. In case of discrepancy, the Chinese version shall prevail.)

Responsible editor:IPC