Source: Xinhua News Agency
Recently, the China National Intellectual Property Administration (CNIPA) and the Ministry of Justice of the People’ s Republic of China jointly issued a notice on promoting 13 typical practices of administrative adjudication for patent infringement disputes, to further refine the administrative adjudication systems at regions.
The 13 practices include: In Beijing, a "joint oral trial" mechanism for patent infringement and confirmation of rights has been carried out to enhance the efficiency of administrative adjudication. The courts can hear the administrative adjudication and the invalidation of a patent infringement dispute at the same time in the same place; In Shijiazhuang, Hebei province, a "vertical and horizontal" administrative adjudication mechanism has been carried out. The IP administration departments at national level, at provincial level or at county and district level cooperate with the IP protection institutions to handle the infringements to bolster the IP protection work; In Shanghai, a judicial confirmation system for the administrative mediation of patent infringement has been carried out to extend the depth of administrative protection of intellectual property rights; In Zhejiang province, an "administrative judicial" system for patent infringement disputes has been established. The local intellectual property administrations have jointly handled the IP infringements disputes with the IP courts; In Guangdong Province, the administrative adjudication mechanism combining investigation, evidence collection and professional support has been carried out. The city of Zhongshan has built a "one-stop" dispute resolution platform for administrative adjudication cases.
According to the notice, the cities and regions around the nation shall learn from the above practices and work out the measures in the light of local conditions to improve the administrative adjudication of patent infringement disputes.
