Guangzhou Intellectual Property Court Commences Operation
Following the recent launch of Beijing Intellectual Property Court in early November, Guangzhou Intellectual Property Court, the second IP court in China, was established on 16 December 2014.
Guangzhou IP Court, located in the southern Chinese city of Guangzhou, is featured by having cross-territorial jurisdiction within Guangdong province (with the exclusion of Shenzhen, which retains jurisdiction over IP-related cases) over IP civil and 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.
Guangzhou IP Court houses four tribunals, comprising a case filing chamber, a patent tribunal, a copyright tribunal, and a trademark and competition tribunal. To date a first batch of 10 judges has been appointed through a province-wide open selection process.
From 21 December 2014 when Guangzhou IP Court starts operation, the basic and intermediate courts in Guangdong province (with the exception of those in Shenzhen) will cease accepting first-instance IP civil and administrative cases relating to patents, new varieties of plants, integrated circuit layout designs, technological know-how, or computer software. However, for any of the aforementioned cases lodged or appealed to the basic or intermediate courts on or before 20 December 2014, where the case has been accepted but is still pending, it remains to be handled by the respective court.
Also starting from 21 December 2014, Guangzhou Intermediate People's Court will cease accepting IP civil and administrative cases. However, for an IP civil or administrative case lodged or appealed to the court on or before 2 November 2014, where the case has been accepted but is still pending, it remains to be handled by the court. As for an IP civil or administrative case lodged or appealed to the court on or after 3 November 2014 but is still pending upon the establishment of Guangzhou IP Court, it should be transferred to Guangzhou IP Court for trial.
