China NPC Standing Committee Adopts Decision on Several Issues Concerning Litigation Procedures of Patent and Other IP Cases 
 

On 26 October 2018, the Decision of the Standing Committee of the National People’s Congress on Several Issues Concerning Litigation Procedures of Patent and Other Intellectual Property Cases was approved at the sixth meeting of the Standing Committee of the thirteenth National People's Congress (NPC) of China. The following is an English translation of the Decision, which will enter into force on 1 January 2019.

 

Decision of the Standing Committee of the National People’s Congress on Several Issues Concerning Litigation Procedures of Patent and Other Intellectual Property Cases
(Adopted at the Sixth Meeting of the Standing Committee of the Thirteenth National People's Congress)

In order to unify the criteria of judgment of intellectual property cases, further strengthen the judicial protection of intellectual property, optimise the legal environment for science and technological innovation, and accelerate the implementation of innovation-driven development strategy, the following decision is hereby made:

1.       Where a party files an appeal upon dissatisfaction with the judgment or ruling of the first instance of an intellectual property civil case that involves more technical issues, such as invention patent, utility model patent, new variety of plants, layout design of integrated circuit, technical secret, computer software, and monopoly, the appeal shall be adjudicated by the Supreme People's Court.

2.       Where a party files an appeal upon dissatisfaction with the judgment or ruling of the first instance of an intellectual property administrative case that involves more technical issues, such as patent, new variety of plants, layout design of integrated circuit, technical secret, computer software, and monopoly, the appeal shall be adjudicated by the Supreme People's Court.
 
3.       In respect of a first-instance judgment, ruling, or mediation decision of the above-mentioned cases that has already taken effect, where a request for retrial or a protest is made according to law and the trial supervision procedure applies, the retrial shall be adjudicated by the Supreme People's Court. Alternatively, the Supreme People's Court may direct according to law a lower court to conduct the retrial.
 
4.       The Supreme People's Court shall report to the Standing Committee of the National People's Congress on the implementation of this Decision upon three years' implementation of this Decision.
 
5.       This Decision shall go into effect on 1 January 2019.