China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

SPC Adjusts Jurisdiction of Its IP Court

Tue, 26 Mar 2024
Categories: China Legal Trends

On 21 Oct. 2023, China’s Supreme People’s Court (SPC) issued “Decisions to Amend the Provisions of the Supreme People’s Court on Several Issues Concerning the Intellectual Property Court” (关于修改最高人民法院关于知识产权法庭若干问题的规定的决定).

Related Posts:

According to the amended rules, the jurisdiction of the SPC’s Intellectual Property Court is as follows.

I. The Intellectual Property Court shall hear the following appeal cases including:

  1. administrative appeals relating to the granting or confirmation of patents, new plant varieties, or integrated circuit layout designs;
  2. civil or administrative appeals relating to the ownership of and infringement upon invention patents, new plant varieties, integrated circuit layout designs;
  3. major or complicated civil or administrative appeals relating to the ownership of and infringement upon utility model patents, technical know-how, or computer software; and
  4. civil or administrative appeals relating to monopolies.

II. The Intellectual Property Court shall hear other cases including:

  1. major and complicated civil and administrative cases of first instance nationwide of the types as mentioned in the preceding paragraph;
  2. cases of petition for retrial, protest, and retrial where the trial supervision procedure is applicable with respect to legally effective judgments, rulings, and consent awards of civil and administrative cases of first instance as mentioned in the preceding paragraph;
  3. cases on disputes over the jurisdiction of civil and administrative cases of first instance as mentioned in the preceding paragraph, applications for the reconsideration of conduct preservation rulings, reconsideration of fines or detention decisions, and extension of trial periods, among others; and
  4. such other cases as the SPC deems necessary to be heard by the Intellectual Property Court.

 

 

Photo by Diego Jimenez on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Introduces New Drunk Driving Convictions Standards Effective 2023

In December 2023, China announced updated standards for drunk driving convictions, stating that individuals who drive with a blood alcohol content (BAC) of 80mg/100ml or higher on a breath test may be held criminally liable, according to the recent joint announcement by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and Ministry of Justice.

SPC's Revised Rules Extend Reach of International Commercial Courts

In December 2023, China's Supreme People’s Court's newly amended provisions extended the reach of its International Commercial Courts (CICC). To establish a valid choice of court agreement, three requirements must be met - the international nature, the agreement in writing, and the amount in controversy - while the 'actual connection' is no longer required.