21 april, organized by the supreme people's courtIntellectual property rightsPublic information week press conference to inform the national court of intellectual property 2021Judicial protectionIn general, the law of the supreme people's court on intellectual property in the first instanceAdministrative casesCertain provisions of the jurisdiction and accompanying document, circular on the publication of standards of the basic people's court for the jurisdiction of first instance civil and administrative cases of intellectual property rights。
The regulations of the supreme people's court on the jurisdiction of civil and administrative cases of first instance intellectual property rights were adopted by the trial committee of the supreme people's court at its 1858th meeting, on 27 december 2021, and are now published and are in force from 1 may 2022。
Supreme people's court
20 april 2022
Law (2022) number 13
Supreme people's court
Certain provisions on the jurisdiction of civil and administrative cases of intellectual property at first instance
(adopted by the trial committee of the supreme people's court at its 1858th meeting, on 27 december 2021, effective 1 may 2022)
In order to further improve the system of jurisdiction in intellectual property cases and to rationalize the trial functions of the four-level courts, this provision is formulated in accordance with legal provisions such as the civil procedure law of the people's republic of china and the administrative procedure law of the people's republic of china, taking into account the practice of intellectual property trials。
Article 1 - the first civil and administrative cases of invention patents, practical new patents, new varieties of plants, integrated circuit chart designs, technical secrets, ownership of computer software, tort disputes and monopolistic disputes are governed by the intellectual property court, the intermediate people's court and the people's supreme people's court of the people's government of the provinces, autonomous regions, municipalities directly under the central government。
The law provides for the jurisdiction of intellectual property courts, in accordance with its provisions。
Article ii: titles, tort disputes and civil and administrative cases involving the recognition of a patent in the public domain are governed by the court of intellectual property rights and the intermediate people's court, and may also be governed by the basic people's court, with the approval of the supreme people's court, except in the case of the administrative case of a patent in the public domain。
In addition to the provisions of article 1 of this article and paragraph 1 of this article, the subject matter of the proceedings in the case of intellectual property rights in the first instance is more than the amount determined by the supreme people's court, as well as acts involving the departments of the state council, local people's governments at the county level and above, or customs administration, which are governed by the intermediate people's court。
The law provides for the jurisdiction of intellectual property courts, in accordance with its provisions。
Article iii. Civil and administrative cases of intellectual property rights in the first instance, other than those provided for in articles i and ii of this provision, shall be governed by the basic people's court determined by the supreme people's court。
Article 4. In civil and administrative cases of intellectual property rights of new types, complex or of legal application, a higher people's court may, in accordance with the relevant provisions of the procedural law, submit a request to the lower people's court or decide on its own initiative。
There is a need for first-instance intellectual property under the jurisdiction of this courtCivil casesIn case of referral to the lower people's court, the approval of the higher people's court shall be sought on a case-by-case basis in accordance with article 39, paragraph 1, of the civil procedure code。
In accordance with this provision, the supreme people's court is required to determine the amount of the subject matter of the proceedings under its jurisdiction or to adjust the regional scope of the proceedings。
Article 6 this provision shall become effective on 1 may 2022。
If the judicial interpretation previously issued by the supreme people's court is inconsistent with this provision, this provision shall prevail。
Secretary, office of the supreme people's court
Issued on 20 april 2022
French [2022] number 109
Supreme people's court
In connection with the publication of the first-instance intellectual property civil
Notification of administrative case standards
High people's courts of provinces, autonomous regions and municipalities directly under the central government, military courts of the liberation army, production and construction chambers of the high people's court of xinjiang uighur autonomous region:
In accordance with the provisions of the supreme people's court on the jurisdiction of civil and administrative cases of intellectual property in the first instance, the supreme people's court determines the criteria for the basic people's courts with jurisdiction in civil and administrative cases of intellectual property and their jurisdiction, and for the amount of the subject matter of the proceedings in civil cases of intellectual property in the first instance. It is being issued as of 1 may 2022. Cases that have been received prior to the application of this circular remain in accordance with the original criteria。
Supreme people's court
20 april 2022
