Decision of the Standing Committee of the National People's Congress on Several Issues Concerning the Proceedings of Patent Cases and Other Intellectual Property Cases

January 25, 2019

(Adopted at the 6th meeting of the Standing Committee of the 13th National People's Congress on October 26, 2018)

In order to unify the standards of IPR cases, further strengthen the judicial protection of intellectual property rights, optimize the environment for scientific and technological innovation, and accelerate the implementation of the innovation-driven development strategy, the following decisions are made :

  1. The parties dissatisfied with the first-instance judgments and rulings of intellectual property civil cases involving invention patents, utility model patents, new plant varieties, integrated circuit layout designs, trade secrets, computer software, monopoly, etc. It will be tried by the Supreme People's Court after appeal.
  1. The parties are dissatisfied with the first-instance judgments and rulings of patents, new plant varieties, integrated circuit layout designs, trade secrets, computer software, monopoly and other professional intellectual property administrative cases, it will be tried by the Supreme People's Court after appeal.
  2. The first-instance judgment, ruling, and mediation document of the abovementioned cases that have already had legal effect, and applying for retrial and protest in accordance with the law, and applying the trial supervision procedure shall be tried by the Supreme People's Court. The Supreme People's Court may also order the people's court at a lower level to retrial.
  3. 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.
  4. This decision shall come into force on January 1, 2019.

Cited: www.npc.gov.cn Oct.26, 2018 19:07:56

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