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China Intellectual Proprty Courts

China intellectual property court

Nanjing and Suzhou Intellectual Property Court Recently Established. Approved by the Supreme Court approved the establishment of Nanjing, Suzhou Intellectual Property Tribunal established. Nanjing, Suzhou Intellectual Property Tribunal was formally established in Nanjing, Suzhou, which is not only a major reform of our province's judicial system of intellectual property protection, but also an important measure of our province's judicial reform. , Nanjing Municipal Party Committee Secretary Wu Zhenglong, the Standing Committee of the Provincial Party Committee, Zhou Naixiang, secretary of the Suzhou Municipal Party Committee, the Provincial People's Court Party Secretary and Dean Xu Qianfei for the opening of the two courts.

The province is the second largest economy in China and the largest manufacturing province, and its regional innovation capacity ranks first in the country for 7 consecutive years. The contribution rate of scientific and technological progress to economic growth is 60%. Based on Jiangsu's strong economic and technological foundation, The number of provincial intellectual property cases has been among the forefront of the country. In 2016, the province's courts to accept more than 13,000 cases of intellectual property rights of civil cases, of which 1918 cases of patent and technology contracts.

With the establishment of three intellectual property courts in the north, the centralized management of patent and other technical cases has become the development trend of the construction of the judicial protection system of intellectual property in our country. Li Hongjian, member of the Provincial Higher People's Court and President of the People's Court, All the 13 Intermediate Courts of the province have all set up intellectual property courts, and some grassroots courts have jurisdiction over civil cases of some intellectual property rights, but due to the decentralized distribution of jurisdiction, there are various court cases that are not saturated and unfavorable to patents. And professional judges training, is not conducive to play the overall advantage of judicial protection.

January 4 2017, the Supreme Court approved, Nanjing, Suzhou, Wuhan, Chengdu 4 to set up cross-jurisdictional court of intellectual property cases, the province has become the only country with two cross-jurisdictional cases of intellectual property jurisdiction of the provinces. The newly established Nanjing Intellectual Property Court and the Suzhou Intellectual Property Court were established on the basis of the Nanjing Intermediate People's Court and the Suzhou Intermediate People's Court Intellectual Property Court respectively, and operated in an independent institutional mode, with cross-jurisdictional jurisdiction.

The Nanjing Intellectual Property Tribunal, Suzhou, Changzhou, Nantong, and Nantong in the jurisdiction of the People's Republic of China, the courts of the People's Republic of China, the State Intellectual Property Office of the People's Republic of China, the State Intellectual Property Office of the People's Republic of China, the State Intellectual Property Office of the People's Republic of China And other intellectual property rights of first instance of civil cases, Nanjing, Suzhou Intellectual Property Tribunal also occurred in the above municipal districts subject to the amount of litigation subject to the amount of 3 million yuan of ordinary intellectual property rights of first instance civil cases and occurred in the above municipal districts of intellectual property administrative cases , Etc. The court implements a flat trial mode of operation, with one President and three to five trial teams, with one or two judges assistants and one clerk for the IP judges to do the relevant ancillary services In view of the professional nature of intellectual property cases, the Tribunal has set up a technical ombudsman's office and employed full-time or part-time technical ombudsmen to play an important supporting role in identifying the relevant technical facts by the technical ombudsman.

Xu Qianfei stressed that the next step to implement strict intellectual property protection system, improve the judicial jurisdiction of intellectual property cases, do a good job in Nanjing, Suzhou cross-jurisdictional cases of intellectual property court set up and operation, and strive to fight in Jiangsu has a certain international Influence of IPR on Judicial Protection of Heights.

Previously established IP courts in China

The Chinese government previously established three new intellectual property courts – in Beijing, Shanghai and Guangzhou. These courts, which will have special jurisdiction and expertise, will further strengthen China’s intellectual property regime and are another step in China’s path towards having an advanced intellectual property legal system.

On August 31, 2014, China’s Standing Committee passed a decision concerning the establishment of specialized IP courts in Beijing, Shanghai and Guangzhou. These three jurisdictions were not picked at random; they are three of the top IP jurisdictions in the country with some of the most experienced IP judges. In our earlier report, we noted that details regarding the structure and organization of the IP courts would be forthcoming from the Supreme People’s Court (the “SPC”), but that we expected the IP courts to be established by year’s end. Since then, the SPC has issued its Regulations on Jurisdiction of the IP Courts in Beijing, Shanghai and Guangzhou and all three IP courts have been established and have started accepting cases. This post updates our earlier report.

Difference between IP courts and tradiational courts

The court as a new type of trial court, the implementation of flat trial operation mode, streamline the internal management process, is to highlight the judge's dominant position, so that judges from the heavy trial affairs work freed. Technical case of the characteristics of the case, and actively promote the technical investigator system, the formation of technical investigator's office for the judges to accurately determine the case to provide technical support will be to explore the technical investigator system and expert consultation system, effective convergence, the establishment of perfect technical facts Identify mechanisms, and play the advantages of cross-jurisdictional tribunals to focus on technical cases.

Beijing Intellectual Property Court

China's first ever intellectual property court has been officially unveiled in Beijing. The new intellectual property court has a mandate to deal with issues connected to things such as patents and technical design disputes which the regular court system in China would normally struggle with. An Fengde is a spokesperson for the Beijing Higher Court, which oversees the new intellectual property court.

Now that the intellectual property court has been established, the IPR trial divisions in Beijing's three intermediate courts have been done away with. Intellectual property cases that would have been heard at these courts will all go to the intellectual property court.

An Fengde

Local courts will still have jurisdiction over smaller civil cases connected to intellectual property disputes. An Fengde says the authorities chose Beijing as the first city to establish an IPR court because the capital has an established history of hearing intellectual property cases. Back in 1993, Beijing set up the country's first trial divisions. Last year, courts in the city dealt with over 15 thousand intellectual property cases, making up 13-percent nationwide. All administrative appeals made after government rulings are heard in Beijing courts.

The number of intellectual property cases in Beijing is soaring.  Through the first ten months of this year, Beijing's courts have seen intellectual property cases increase by 180-percent compared to last year. Su Chi is the lead judge in the new Intellectual Property Court. The Beijing IP Court shall also have the authority to try appellate cases lodged against judgments or rulings made by the basic people’s court of the trial of first instance in cases concerning copyright, trademarks, technology contracts and acts of unfair competition, and similar cases.

It’s worth noting that judges’ assistants and technical inquisitors are part of the staff in the Beijing IP Court. They will assist the judges on legal research, drafting legal instruments and providing their professional opinion on technical issues. This mechanism is meant to help improve the degree of scientific expertise, specialty and neutrality in the process of ascertaining technical facts and issues, as an assurance of efficiency and fairness in high-technology cases.

Guangzhou Intellectual Property Court

Guangzhou IP Court commenced operation on 21 December 2014. It has jurisdiction over the following cases:

  • First-instance IP civil or administrative cases relating to patents, new varieties of plants, integrated circuit layout designs, technological know-how, or computer software as well as first-instance civil cases involving recognition of well-known trademarks within Guangdong province with the exception of Shenzhen (i.e. courts of Shenzhen retain jurisdiction over IP-related cases);
  • First-instance administrative cases brought against copyright, trademarks or unfair competition related administrative acts taken by Guangzhou municipal government or district governments of Guangzhou;
  • Other IP civil or administrative cases of the first instance which should otherwise be heard by intermediate courts in Guangzhou, and appeal cases brought against first-instance judgments or rulings of IP civil or administrative cases relating to copyright, trademarks, technology contracts, unfair competition, and other intellectual property rights made by basic courts in Guangzhou.

Guangzhou IP Court houses four tribunals, comprising a case filing chamber, a patent tribunal, a copyright tribunal, and a trademark and competition tribunal, as well as a general office, a technical research office, and a judicial police team. It has appointed 10 judges through a province-wide open selection process.

Shanghai Intellectual Property Court

On December 28, 2014, the Shanghai Intellectual Property Court was established. This is the third specialized IP court of its kind in China; the first two began operating in Beijing and Guangzhou on November 6 and December 16, 2014, respectively. Shanghai IP Court commenced operation on 1 January 2015. It has jurisdiction over the following cases:

  • First-instance IP civil or administrative cases relating to patents, new varieties of plants, integrated circuit layout designs, technological know-how, or computer software as well as first-instance civil cases involving recognition of well-known trademarks in Shanghai;
  • First-instance IP administrative cases brought against copyright, trademarks or unfair competition related administrative acts taken by governments of Shanghai at district, county or above level;
  • First-instance monopoly-related civil cases in Shanghai;
  • Appeal cases brought against first-instance judgments or rulings of IP civil or administrative cases relating to copyright, trademarks, technology contracts, or unfair competition made by basic courts in Shanghai.

Shanghai IP Court is an intermediate-level court. It now has four trial divisions, and 14 judges have been appointed through a municipality-wide open selection process. At present the IP Court shares the same office building and administrative resources as related to general management, enforcement, judicial police and logistic support with Shanghai No. 3 Intermediate People's Court, which was inaugurated on the same day as Shanghai IP Court.

Our comments on the China IP Courts

As China’s economy has improved and technologies have rapidly developed in recent years, the number of and types of IP-related cases have progressively increased. There have been many problems with previous trial practices, such as different conclusions for the same type of cases and multiple judgments for one case. The two-in-one mechanism will promote fairness and increase the quality of decisions.

The establishment of these China IP courts will ensure the independence of IP trials, reduce and avoid any intervention and disturbance from governmental departments and strengthen the role of IP laws.

 

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