Jurisdiction of Specialized Chinese IP Courts

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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.

 

597 thoughts on “Jurisdiction of Specialized Chinese IP Courts”

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