All posts by JChen

I am an intellectual property attorney in Washington D.C., focusing on patent application, trademark registration, licensing and litigation in the U.S. and internationally. I have the training and experiences in the technical fields of chemical engineering, biotechnology, pharmaceuticals, medical and mechanical device. I am also qualified as an attorney in China with practicing experiences in foreign investment and intellectual property protection fields. I am admitted to New York Bar, Washington D.C. Bar and registered to practice before the U.S. Patent and Trademark Office, U.S. Court of Appeals for the Federal Circuit and U.S. Court of International Trade. I am also qualified in P.R. China National Bar and P.R. China State Intellectual Property Office (Chinese Patent Bar). Specialties: IP and China are my specialties.

Appointment of an IP Judge in China

The following organizations are involved in the nomination and appointment of an IP judge in China, according to the China Supreme People’s Court Notice (Fa[2014]No.267):

Judges Selection Committee (法官遴选委员会)

Supreme People’s Court (最高人民法院)

Party Organization and Human Resource Departments (组织人事部门)

Party Discipline, Monitoring and Inspection Department (纪检监察部门)

Party Committee of relevant locations (当地党委)

Party Political and Law Committee of relevant locations (当地政法委员会)

The Municipal People’s Congress Standing Committee (市人民代表大会常务委员会)

Note: The members of the Judge Selection Committee at provincial level should broadly represent judges, lawyers and academics according to the judicial reform guideline of June 6, 2014 (《关于司法体制改革试点若干问题的框架意见》).

 

Jurisdiction of Specialized Chinese IP Courts

China Supreme People’s Court Judicial Interpretation on the Jurisdiction of Beijing, Shanghai and Guangzhou IP Courts (Fashi (2014) No. 12, Effective November 3, 2014) (Summary)


General First Instance Jurisdiction:  The jurisdiction of all three IP Courts of first instance in the case of intellectual property includes three categories:

(1) patents, new plant varieties, integrated circuit design, trade secrets, computer software and other technology classes in civil and administrative cases;

(2) the State Council department or involving copyright, trademark, unfair competition and other administrative acts of administrative litigation cases by local people’s governments above the county level;

(3) a civil case involving the well-known trademarks.

Exclusive First Instance Jurisdiction: The Beijing IP Court has exclusive first instance jurisdiction over administrative cases on appeals of decision of IP agencies including patents, trademarks, new plant varieties, integrated circuit designs and related mandatory licenses.

General Appellate Jurisdiction: All three IP Courts hear appeals from the basic level court in their respective municipality over civil and administrative cases related to copyrights, trademarks, technology contracts, unfair competition.

The decisions of the IP Courts can be appealed to Beijing, Shanghai and Guangzhou Highest People’s Courts.