SPC: 4 kinds of cases must be tried by IPR tribunals

"IPR administrative cases concerning patent, trademark, layout-design of integrated circuit and new varieties of plants must be tried by IPR tribunals from July 1," which was stipulated in the Provisions on the Division of the Hearing of IP-related Administrative Cases on Patent, Trademark and Other Fields released by the Supreme People's Court yesterday.

The Provisions will be officially implemented from July 1, 2009. And the Interpretation by the Supreme People's Court of the Issues Relating to Division of the Hearing of Patent and Trademark Cases after the Corrections of Patent Law and Trademark Law was abolished at the same time.

In accordance with the prescription on the jurisdiction of cases in relevant laws, the IPR Tribunals of Beijing First and Second Intermediate People's Courts are allowed to adjudge cases of these four kinds, and the IPR Tribunals of Beijing Higher People's Court is planed to be the court of second instance for hearing these cases.

In addition, the Provisions nail down the division of second-instance courts (also superior courts), as the parties refuse to accept the judgments or rulings made by inferior courts and ask superior courts to retry the cases.

(Source: IPR in China)

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