IP Newsletter Issue 30 (2018-12-24)
 
NEW TRENDS IN LITIGATION PROCEDURES FOR PATENTS AND OTHER INTELLECTUAL PROPERTY CASES

   Today, the Standing Committee of the National People’s Congress has made the following decisions on several issues concerning the litigation procedures for patents and other intellectual property cases:

   1. Where a party is dissatisfied with judgments and rulings of first-instance in civil cases about professional and technical intellectual properties such as invention patents, utility model patents, new plant varieties, integrated circuit layout designs, technical secrets, computer software, and monopoly, and appeals, it shall be tried by the Supreme People’s Court.

   2. Where a party is dissatisfied with judgments and rulings of first-instance in administrative cases about professional and technical intellectual properties such patents, new plant varieties, integrated circuit layout designs, technical secrets, computer software, and monopoly, and appeals, it shall be tried by the Supreme People’s Court.

   3. As for judgments and rulings of first-instance, and conciliation statement of the above-mentioned cases that have already had legal effect, if retrial, protest, or the like is filed by law, and if it is applied to procedures of judicial supervision, it shall be tried by the Supreme People’s Court. The Supreme People’s Court may also order the lower people’s court to retry.

   4. The implementation of this shall be tried by the Supreme People’s Court. The Supreme People’s Court may also order the lower people’s court to retry.

   4. The implementation of this decision shall be completed for three years, and the Supreme People’s Court shall report to the Standing Committee of the National People’s Congress on the implementation of this decision.

   5. This decision shall come into force on January 1, 2019.

   Among them, the administrative cases referred to in Article 2 of the “Decision” include cases on appeal against administrative cases on authorization and verification of three types of patents, new plant varieties, and integrated circuits layout designs by Beijing Intellectual Property Court, and cases on appeal against other administrative cases on patents, new plant varieties, integrated circuits layout design, technical secrets, computer software, and monopoly by the Higher People’s Court, relevant Intermediate People’s Court and Intellectual Property Court. The Supreme People’s Court’s unified examination of the above-mentioned administrative cases will be more conducive to unifying the standards of judging intellectual property cases and further strengthening the judicial protection of intellectual property rights.

   As for why Article 1 of the “Decision” does not stipulate design patents? This is because technicality of the design patents is not as strong as the invention patents and the utility model patents. Taking into account factors such as number of cases, trial team, and continuity of work, Article 1 of the “Decision” does not cover design patents. After the implementation of the “Decision”, the cases concerning the appeal of the civil first-instance judgment on the design patents by relevant Intermediate People’s Court and Intellectual Property Court shall still be tried by the Higher People’s Court at the place where the court of first instance is located.