The Standing Committee of the National People’s Congress of the People’s Republic of China has recently released the Decision on Several Issues concerning Judicial Procedures for Patent and Other Intellectual Property (“IP”) Cases (“Decision”). The Decision will take effect on 1 January 2019.
According to the Decision, the Supreme People’s Court (“SPC”) will deal with both civil and administrative appeals relating to inventions, utility models, new varieties of plants, integrated circuit designs, technological secrets, computer software, IP monopoly and other IP cases involving technology disputes.
In addition, the SPC will also hear re-trial petitions and objections (brought by procuratorates) against effective judgements, rulings or mediation statements made in the first instance concerning such aforementioned technology disputes.
For other IP cases not involving technology disputes, for example, copyright and trade mark disputes, the appellate courts will continue to be the High People’s Courts.
According to the president of the SPC, Zhou Qiang, the issuance of the Decision is to solve the inconsistency in decision-making during the course of an appeal. To implement the Decision, the SPC will establish its own IP tribunal and release judicial interpretations to clarify its jurisdiction.