Recently, the Supreme People’s Court of PRC released “Provisions regarding the Adjudication of IP Administrative Cases relating to the Assertion of Patent and Trademark Rights (hereinafter the provisions)”. According to the provisions, IP administrative cases concerning patent, trademark, layout-design of integrated circuit and new varieties of plants shall be tried by IP tribunals from July 1, 2009.
In accordance with the rules of jurisdiction, the IP Tribunals of Beijing 1st or 2nd Intermediate People's Court shall be the first instance court to try the said IP cases. and the IP Tribunals of Beijing Higher People's Court shall be the second instance court for hearing these cases.
The Provisions also provide for review of the IP administrative cases. If the concerned party is not satisfied with the ruling or adjudication of the lower court, and file a request for review by the higher court, the review shall be conducted by the IP tribunal in the higher court.
The changes are due to the fact that the judges in IP Tribunal are more familiar with the IP laws and regulations. Under the current judicial system, IP administrative cases are tried by judges in the Administrative Tribunal. It always happen that concerned party may seek for assertion of patent or trademark right during the examination of a civil IP litigation. The new provisions will avoid the inconsistence of adjudication standards when the Administrative Tribunal and the IP Tribunal adjudicate different IP administrative cases.
The Provisions will become effective from July 1, 2009, and the Response by the Supreme People's Court on Adjudication of Patent and Trademark Cases after the amendment of the Patent Law and Trademark Law (issued in 2002) will be abolished.
