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SPC Prepares to Establish the Intellectual Property Court to Uniformly Try Cases on Appeal over Patent and Other IP Rights

Release time:2018-12-26 17:15:39 作者:IPC source:The Beijing News

On the afternoon of October 26, the 6th Session of the Standing Committee of the 13th National People's Congress approved the newly revised Organic Law of the People's Courts with 169 votes in favor, 1 vote against, and 2 abstentions. According to the provisions of the new Organic Law of the People's Courts, the Supreme People's Court can try the cases of appeals and people's procuratorat’s protests filed in accordance with the provisions of the Standing Committee of the National People's Congress.

 

What kinds of cases of appeals and people's procuratorat protests can be tried by the Supreme People's Court exactly? At the press conference held in the General Office of the Standing Committee of the National People's Congress on the afternoon of October 26, Tong Weidong, Deputy Director of the National Law Office of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, introduced that a decision was also adopted at this session of the Standing Committee of the National People's Congress. "You will get the answer by referring to the decision adopted at this session of the Standing Committee, that is, the Decision on Several Issues Concerning Litigation Procedure of Patent and Other Intellectual Property Cases."

 

He explained that, a trial mechanism of cases on appeal over intellectual property rights on the national level is under construction currently. After the Decision on Several Issues Concerning Litigation Procedure of Patent and Other Intellectual Property Cases was issued, the second-instance trial of above-mentioned cases will no longer be tried by the high courts, but will be tried by the Supreme People's Court instead directly. The Supreme People's Court was preparing to set up an intellectual property court, which will uniformly try such appealed cases. “It aims to further unify the trial criteria of intellectual property cases, strengthen the protection over intellectual property rights, optimize the environment for scientific and technological innovation, and accelerate the implementation of the Innovation-driven Development Strategy" (The Beijing News)

 

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


Responsible editor:IPC