New court mulled for IP appeals

The Supreme People's Court is considering a change in appeal procedures concerning intellectual property cases that require more technological expertise.

"The SPC will have a national appeal court for civil and administrative IP cases," Chief Justice Zhou Qiang said on Monday, while introducing a draft resolution on the IP appeal procedure at the bimonthly session of the Standing Committee of the National People's Congress.

"Due to the complexity of IP cases and the expertise needed for trials, a national appeal court will help prevent inconsistency of legal application and improve the quality and efficiency of trials," Zhou said.

"A national IP appeal court will also help nurture a favorable legal environment for technological innovation and a better business environment for domestic and international enterprises."

Under the current legal system, intermediate courts at the city and prefecture levels and IP-dedicated courts can sit to hear civil and administrative cases relating to IP disputes that require technical expertise. The cases will go to high courts at the provincial level if the parties concerned lodge appeals.

The SPC's proposed new division is expected to directly handle appeals of cases that require more technological expertise, such as with patents, new plant varieties, integrated circuit design, computer software and monopolies, according to the draft.

Chinese courts heard 213,480 IP cases last year, 40.4 percent more than in 2016, and double the number in 2013.

Xinhua - China Daily

(China Daily 10/25/2018 page17)