Supreme People’s Court to Establish Intellectual Property Rights Court at Start of 2019

524

The Supreme People’s Court of China (SPC) is on track to establish its own intellectual property rights court on 1 January 2019.

On 26 October the Sixth Meeting of the Standing Committee of the 13th National People’s Congress approved the “Decision of the NPC Standing Committee Concerning Several Issues in relation to Patents and Other Intellectual Property Rights Litigation Procedures” (全国人民代表大会常务委员会关于专利等知识产权案件诉讼程序若干问题的决定).

The Decision stipulates that parties who do not agree to the first civil or administrative rulings shall submit appeals to the SPC. The Decision comes into effect on 1 January 2019, with the SPC to file a report on its implementation three years subsequently.

A source said to Yicai that the Decision makes reference to the experiences of countries such as the United States, Japan and Germany.