SPC approved the Regulations on Several Issues Concerning IPR Courts
On December 3, Zhou Qiang, Chief Justice and President of the Supreme People’s Court (SPC) presided over the plenary meeting of SPC Adjudication Committee to review and approve in principle the Regulations of SPC on Several Issues Concerning IPR Courts (hereinafter referred to as “the Regulations”). In October 2018, the CPC Central Committee approved the Pilot Plan of the Supreme People’s Court on Establishing IPR Courts for the unified adjudication on the appellate cases related to patents with strong technical expertise, so as to promote the specialized, concentrated, intensive and professional adjudication of IPR cases and provide robust judicial service and support in building a global IPR and technical powerhouse. On October 26, 2018, the 6th meeting of the 13th National People’s Congress Standing Committee approved the Decision on Several Issues Concerning the Legal Proceedings of Patent and other IPR Cases, which will come into force on January 1, 2019. According to the Decision, administrative or civil cases of second instance concerning patents and other IPRs can be directly appealed to the IPR Tribunal of SPC.
In order to earnestly carry out the requirements of CPC Central Committee for enhancing reform and innovation in IPR trial, further improve the IPR litigation system and increase the efforts on IPR judicial protection, the IPR Tribunal of SPC, on the base of serious study, drafted the Regulations of SPC on Several Issues Concerning IPR Courts (for comments). Based on the comments collected from the Legislative Affairs Commission of NPC Standing Committee, the Supreme People’s Procuratorate, relevant higher people’s courts and IPR courts, the initial draft was revised for further review.