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Decision of the Standing Committee of the National People's Congress on Several Issues Concerning Litigation Procedure of Patent and Other Intellectual Property Cases

Release time:2018-12-26 17:18:12 作者:IPC source:the Standing Committee of the National People Congress

(Adopted at the 6th Session of the Standing Committee of the 13th National People's Congress

 on October 26, 2018)

 

In order to unify the trial criteria of intellectual property cases, further strengthen the judicial protection of intellectual property rights, optimize the law-based environment for scientific and technological innovation, and accelerate the implementation of the Innovation-driven Development Strategy, the following decisions are hereby specifically made:

1. Appeals brought by the parties who refuse to accept the judgments or orders of the first-instance civil cases involving professional technologies such as invention patent, utility model patent, new plant variety, integrated circuit layout design, technical secret, computer software, monopoly,etc., shall be tried by the Supreme People’s Court.

2. Appeals brought by the parties who refuse to accept the judgments or orders of the first-instance administrative cases involving professional technologies such as patent, new plant variety, integrated circuit layout design, technical secret, computer software, monopoly,etc., shall be tried by the Supreme People’s Court.

3. Applying the trial supervision procedure, the retrial application cases or protest cases, etc. of the legally effective first-instance judgments, orders or mediation documents of the above-mentioned cases, shall be tried by the Supreme People’s Court. The Supreme People’s Court may also order people's courts at a lower level to retry the cases.

4. By the time this Decision takes effect for 3 years, the Supreme People's Court shall report to the Standing Committee of the National People's Congress on the implementation of this Decision.

5. This Decision will enter into effect on January 1, 2019.

 

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


Responsible editor:IPC