According to the Decision of the Standing Committee of the National People’s Congress on Several Issues Concerning Judicial Procedures for Patent and Other Intellectual Property Cases, and the Provisions on Several Issues Concerning the Intellectual Property Court of the Supreme People’s Court, the Intellectual Property Court of the Supreme People’s Court is established. Relevant matters are hereby announced as follows:
1.The Intellectual Property Court of the Supreme People’s Court shall perform its statutory duties from January 1, 2019.
2.In accordance with the provisions of laws and judicial interpretations such as the Civil Procedure Law of the People’s Republic of China, the Administrative Procedure Law of the People’s Republic of China, the Decision of the Standing Committee of the National People’s Congress on Several Issues Concerning Litigation Procedure of Patent and Other Intellectual Property Cases, and the Provisions on Several Issues Concerning the Intellectual Property Court of the Supreme People’s Court, the Intellectual Property Court of the Supreme People’s Court shall try the patent and other professional and technology related Intellectual Property cases on appeal throughout the country.
3.To the judgments, orders or decisions of the first instance cases referred to in Article II of the Provisions on Several Issues Concerning the Intellectual Property Court of the Supreme People’s Court made before January 1, 2019, if the party concerned file an appeal or apply for a review according to law, the case shall be tried by the people’s court at the higher level of the first instance people’s court; To the judgments, orders or decisions made after January 1, 2019, if the party concerned file an appeal or apply for a review, the case shall be tried by the Intellectual Property Court of the Supreme People’s Court.
4.If a party appeals to the Intellectual Property Court of the Supreme People’s Court, the petition for appeal shall be submitted by the people’s court of the first instance in accordance with the provisions of the Civil Procedure Law of the People’s Republic of China or the Administrative Procedure Law of the People’s Republic of China.
5.The office address of the Intellectual Property Court of the Supreme People’s Court is Building 3, Yard 2, Automobile Museum East Road, Fengtai District, Beijing. The postcode is 100160. The Email address is ipc@court.gov.cn. The phone number is 12368.
The announcement is hereby given.
Supreme People’s Court
January 1, 2019
(The English Version is for reference only. In case of discrepancy, the Chinese version shall prevail. )
