Supreme People's Court, Provisions on Several Issues Concerning the Intellectual Property Tribunal

The judgments, rulings, written mediation statements and decisions rendered by the intellectual property tribunal are judgments, rulings, written mediation statements and decisions of the Supreme People's Court (Article 1).

The intellectual property tribunal shall hear the following types of cases:

(1)       appeals where a party is dissatisfied with a judgment or ruling concerning an invention patent, utility model patent, new plant variety, integrated circuit layout design, technical secret, computer software or first instance civil monopoly case rendered by a higher people's court, intellectual property court or intermediate people's court;

(2)       appeals where a party is dissatisfied with a judgment or ruling in a first instance administrative case concerning the granting or confirmation of rights in an invention patent, utility model patent, design patent, new plant variety or integrated circuit layout design rendered by the Beijing Intellectual Property Court;

(3)       appeals where a party is dissatisfied with a judgment or ruling in a first instance administrative case concerning an invention patent, utility model patent, design patent, new plant variety, integrated circuit layout design, technical secret, computer software, administrative monopoly penalty, etc. rendered by a higher people's court, intellectual property court or intermediate people's court;

(4)       first instance civil and administrative cases mentioned in Items (1), (2) and (3) that are major and complex nationwide;

(5)       applications for retrials in accordance with the law, prosecutorial protests, retrials, etc., to which the adjudication supervision procedure applies, in respect of judgments, rulings or written mediation statements in first instance cases mentioned in Items (1), (2) and (3) of this Article that have entered into legal effect; and

(6)       first instance cases mentioned in Items (1), (2) and (3) of this Article involving a dispute over jurisdiction, applications for reconsideration of fine or detention decisions, referrals for extension of the time limit for concluding a trial, etc. (Article 2).

Related legislation: Provisions on Jurisdiction in Cases of the Beijing, Shanghai and Guangzhou Intellectual Property Courts, 2014