SPC Specifies Relevant Matters for the Establishment of the IP Tribunal
Recently, the Supreme People's Court (“SPC”) issued the Announcement on Matters Related to the Establishment of the Intellectual Property Tribunal (the "Announcement”).
The Announcement provides that:
1. The IP tribunal established by the SPC starts the performance of its statutory duties from January 1, 2019.
2. Under the Civil Procedure Law and other provisions, the SPC's IP tribunal will primarily hear civil and administrative appeals related to intellectual property involving specialized expertise, such as patents.
3. Appeals legally filed by parties concerned against, or applications legally submitted by them for reviews of, judgments, rulings or decisions for cases of first instance, as mentioned in Article 2 of the Provisions of the Supreme People's Court on Several Issues Related to the Intellectual Property Tribunal, will be tried by courts at the next higher level to the courts of original trials, if such judgements, rulings or decisions are rendered before January 1, 2019, and be tried by the SPC's IP tribunal if rendered after January 1, 2019.
4. Where a party concerned intends to file an appeal to the SPC's IP tribunal, it shall, as required by the Civil Procedure Law and other provisions, file its petition of appeal through the court of the first instance to the IP tribunal of PSC.
(Source: SPC )