NEWS & PUBLICATIONS
NPC Standing Committee Provides Clarity on Several Issues Concerning Judicial Proceedings for Cases Involving Patents and Other IPRs
Mon Dec 10 15:25:00 CST 2018 Published by:Editor

The Decision on Several Issues Concerning Judicial Proceedings for Cases Involving Patents and Other Intellectual Property Rights (the "Decision"), has been recently adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress ("NPC") and will come into effect from January 1, 2019.

The Decision provides clarity in three aspects. First, the appeal filed by a litigant against the first-instance judgement or ruling rendered for an IP-related civil case that involves a subject matter containing specialized expertise, such as a patent for invention, a utility model patent, a new plant variety, an integrated circuit layout design, a technology secret, a computer software, and a monopolistic IP, shall be tried by the Supreme People's Court ("SPC"). Second, the appeal filed by a litigant against the first-instance judgment or ruling rendered for an IP-related administrative case that involves a subject matter containing specialized expertise, such as a patent, a new plant variety, an integrated circuit layout design, a technology secret, a computer software, and a monopolistic IP, shall be also tried by the SPC. Third, the re-trial claimed or the counter-appeal filed, in accordance with the law, against a legally effective first-instance judgment, ruling or mediation document rendered for an abovementioned case, may be tried by the SPC, provided that the trial supervision procedures apply; alternatively, the SPC may designate a court at a lower level according to the law to retry the case.

(Source: www.npc.gov.cn)

The Watson & Band website is intended for informational purposes only. Nothing in this site is to be construed as creating an attorney-client relationship between the reader and Watson & Band or as offering legal advice on any specific matter. Since we are not providing legal advice through this website, you should not act upon any information that you might receive here without first seeking professional counsel. No client or other reader should act or refrain from acting on the basis of any information contained in the Watson & Band website without seeking appropriate legal or other professional advice based on the particular facts and circumstances at issue.

© Copyright 2000-2015 All Rights Reserved | Shanghai ICP for 15028801 Privacy Policy | User Feedback

沪公网安备 31010402001317号

Lin