China to Set Up IP Courts in Beijing, Shanghai and Guangzhou
China recently promulgated the Decision of the Standing Committee of the National People's Congress on the Establishment of Intellectual Property Courts in Beijing, Shanghai, and Guangzhou, which has taken effect as of 31 August 2014.
According to the Decision, the IP courts, to be set up in Beijing, Shanghai, and Guangzhou respectively, will have cross-territorial jurisdiction as courts of first instance over civil and administrative IP cases relating to patents, new plant varieties, integrated circuit layout designs and technological know-how. For the IP court in Beijing, it also has jurisdiction over first-instance administrative cases involving grant and determination of IP rights brought against the rulings of administrative departments under the State Council.
In case of IP-related appeals, where the first-instance judgment or ruling of a case involving copyright or trademark right is issued by the basic people's court of a city where an IP court is located, an appeal against such judgment or ruling will be heard by the IP court of the city. As for an appeal against the first-instance judgment or ruling of an IP court, it will be heard by the higher people's court in the locality where the IP court is located.
The IP courts are subject to supervision by the people's procuratorates. It is further stipulated in the Decision that the Supreme People's Court of China is required to present to the Standing Committee of the National People's Congress of China a report on the implementation of the Decision upon three years after the entry into force of the Decision.
