Decision of the Standing Committee of the National People's Congress on Several Issues Concerning the Litigation Procedures in Patents and Other Intellectual Property Cases

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【颁布时间】2018-10-26
【标题】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
【发文号】
【失效时间】
【颁布单位】全国人民代表大会常务委员会
【法规来源】http://www.npc.gov.cn/npc/xinwen/2018-10/26/content_2064473.htm

Decision of the Standing Committee of the National People's Congress on Several Issues Concerning the Litigation Procedures in Patents and Other Intellectual Property Cases

(Adopted by the 6th Session of the Standing Committee of the 13th National People's Congress on October 26, 2018)

To unify the adjudication standards for intellectual property cases, further strengthen the judicial protection for intellectual property, optimize the rule-of-law environment for technological innovation, and accelerate the implement of the innovation-driven development strategy, the following decision is hereby made:

I.Where parties are not satisfied with the first-instance verdicts or judgments in patents for inventions, patents for utility models, new plant varieties, integrated circuit layout designs, technical know-how, computer software, monopoly, and such other highly technical civil intellectual property cases, and file an appeal, the Supreme People’s Court is to hear it.

II.Where parties are not satisfied with the first-instance verdicts or judgments in patents, new plant varieties, integrated circuit layout designs, technical know-how, computer software, monopoly, and such other highly technical administrative intellectual property cases, and file an appeal, the Supreme People’s Court is to hear it.

III. Where a retrial petition or protest is filed against a first-instance verdict, judgment, or mediation agreement in an aforementioned case that has already taken legal effect, and trial supervision procedures apply, the Supreme People’s Court is to hear it. The Supreme People’s Court may also direct a lower people’s court to conduct a retrial.

IV.The Supreme People’s Court shall report to the Standing Committee of the National People’s Congress on the implementation of this Decision when this Decision has been in force for three years.

V.This Decision shall take effect on January 1, 2019.

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