China published judicial interpretation about intellectual property courts

On Nov.3rd, the Supreme People’s Court of China published the judicial interpretation about the jurisdiction of intellectual property courts. According to the judicial interpretation, all of the three intellectual property courts of Beijing, Shanghai and Guangzhou and the higher people’s courts of the three cities will have jurisdiction over both civil cases and administrative cases. Besides, the Intellectual Property Court of Guangzhou will have territorial jurisdiction over technical intellectual property cases in some other regions.

There are eight articles in the judicial interpretation, mainly concerning the jurisdiction levels, like exclusive jurisdiction, territorial jurisdiction, and appellate jurisdiction and so on. According to the judicial interpretation, terms hereinafter comes under the jurisdiction of intellectual property courts: first instance civil and administrative cases concerning patent, plant variety, layout design of integrated circuit, technology secret and computer software; administrative suits about copyright, trademark and unfair competition against departments of the State Council, or governments at or above the county level; civil cases about well-known trademark. In addition to this, the Intellectual Property Court of Guangzhou has jurisdiction over the whole Guangdong Province about first instance civil and administrative cases concerning patent, plant variety, layout design of integrated circuit, technology secret, computer software and civil cases about well-known trademark. The Intellectual Property Court of Beijing has exclusive jurisdiction over intellectual property right authorization and verification.

Bisides, the 14th meeting of Standing Committee of Beijing Municipal People’s Congress recently,voted to the appointment of the Intellectual Property Court of Beijing. Su Chi becomes to be the Director of the Intellectual Property Court of Beijing with Chen Jinchuan and Song Yushui being Vice Directors. Du Changhui becomes the Chief Judge of Case Tiling Tribunal, with Jiang Ying being the Chief Judge of the First Judicial Tribunal, Zhang Xiaojin being the Chief Judge of the Second Judicial Tribunal, and Zhang Xiaoxia being the Chief Judge of the Adjudication Supervision Tribunal. Besides, 18 judges are appointed, which means the Court is officially built up.

It is reported that the Court will gather all the intellectual property judges from Beijing Intermediate People’s Courts to judge first instance civil and administrative cases concerning patent, plant variety, layout design of integrated circuit, technology secret and computer software. If needed, cases of the Court will appeal to Beijing Higher People’s Court. First instance civil and administrative cases of local courts concerning copyright and trademark will appeal to the Intellectual Property Court of Beijing.  (by Wei Xiaomao/Zhu Wenming)