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.
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