Adjustment and Transition in Jurisdiction over Cases regarding Intellectual Property Rights

 2018-06-18  36



  • Document NumberNo. 440 [2014] of the Higher People's Court of Beijing Municipality
  • Area of Law General Provisions on Intellectual Property
  • Level of Authority Local Judicial Documents
  • Date issued11-03-2014
  • Effective Date11-03-2014
  • Status Effective
  • Issuing Authority Higher People's Court of Beijing Municipality



Notice of the Higher People's Court of Beijing Municipality on Issuing the Provisions of the Higher People's Court of Beijing Municipality on Issues concerning the Adjustment and Transition in Jurisdiction over Cases regarding Intellectual Property Rights
(No. 440 [2014] of the Higher People's Court of Beijing Municipality, on November 3, 2014)
The No. 1 Intermediate People's Court, No. 2 Intermediate People's Court, and No. 3 Intermediate People's Court of Beijing Municipality; the Beijing Intellectual Property Court; the Beijing Intermediate Court of Railway Transportation; the people's courts of all districts and counties; the Beijing Railway Transportation Court; and all departments of the Higher People's Court of Beijing Municipality:
To respond to adjustment in jurisdiction and relevant trial work resulting from the establishment of the Beijing Intellectual Property Court, achieve steady and orderly transition of trial work, and guarantee the litigation rights of parties, the Higher People's Court of Beijing Municipality formulates the Provisions of the Higher People's Court of Beijing Municipality on Issues concerning the Adjustment and Transition in Jurisdiction over Cases regarding Intellectual Property Rights, which have been deliberated and adopted on October 28, 2014 by the Judicial Committee of the Higher People's Court of Beijing Municipality and are hereby issued to you. All entities shall conscientiously organize the study of the Provisions and implement them in their work. Any problems encountered in implementation thereof shall be reported to the Research Office of the Higher People's Court of Beijing Municipality.
Higher People's Court of Beijing Municipality
Provisions on Issues concerning the Adjustment and Transition in Jurisdiction over Cases regarding Intellectual Property Rights
To implement the smooth adjustment and transition in jurisdiction over cases regarding intellectual property rights, guarantee the steady and orderly trial of cases regarding intellectual property rights by all courts of this Municipality, and safeguard the litigation rights of parties, these Provisions are hereby formulated in accordance with the Civil Procedure Law of the People's Republic of China, the Administrative Procedure Law of the People's Republic of China, the Decision of the Standing Committee of the National People's Congress on Establishing Intellectual Property Courts in Beijing, Shanghai, and Guangzhou, and the Provisions of the Supreme People's Court on the Jurisdiction of the Intellectual Property Courts of Beijing, Shanghai, and Guangzhou over Cases.
1. As of November 6, 2014, the Beijing Intellectual Property Court shall accept cases and in accordance with the Provisions of the Supreme People's Court on the Jurisdiction of the Intellectual Property Courts of Beijing, Shanghai, and Guangzhou over Cases, have centralized jurisdiction over civil and administrative cases regarding intellectual property rights originally within the jurisdiction of all intermediate people's courts of Beijing Municipality.
For a first-instance civil or administrative case regarding intellectual property rights, where the party files a lawsuit after November 6, 2014, the case shall be accepted by the Beijing Intellectual Property Court. Where the party refuses to accept the trial of such first-instance civil or administrative case regarding intellectual property rights by a people's court at the district or county level and appeals after November 6, 2014, the case shall be accepted by the Beijing Intellectual Property Court.
Before November 5, 2014, where a party has filed a civil or administrative lawsuit regarding intellectual property rights in or appealed to the No. 1 Intermediate People's Court, the No. 2 Intermediate People's Court, or the No. 3 Intermediate People's Court of Beijing Municipality and the said intermediate people's court has placed the case on file but the case has not been concluded, the said intermediate people's court shall continue to handle the case; and if the party has submitted complaint or appeal materials but a civil or administrative case regarding intellectual property rights has not been placed on file, the said intermediate people's court shall continue to examine, place the case on file, and handle the case.
2. Before November 5, 2014, where any of the said intermediate people's courts has opened a court session but the civil or administrative case regarding intellectual property rights has not been concluded, if the judge handling the case has been transferred to the Beijing Intellectual Property Court, the judge handling the case shall continue to handle the case in the original intermediate people's court; however, if the case still has not been concluded after December 21, 2014, the original intermediate people's court shall continue to handle the case after it changes the judge handling the case.
3. Where it is necessary to form a new collegial panel to continue the trial of a case due to the transfer of judges, the parties shall be notified of the change in the collegial panel and the litigation activities carried out by the original collegial panel shall remain valid.
4. For a first-instance civil or administrative case regarding intellectual property rights as tried by the people's court at the district or county level, where the time limit for appeal by the parties starts before November 5, 2014 and expires after November 6, 2014, it shall be indicated in the first-instance judgment document for instructions on the rights to appeal that: If a party submits a written appeal before November 5, 2014, the party shall appeal to the No. __ Intermediate People's Court of Beijing Municipality; and if a party submits a written appeal after November 6, 2014, the party shall appeal to the Beijing Intellectual Property Court.
5. After November 6, 2014, where any of intermediate people's courts identifies that errors do exist in the judgment, ruling, or mediation record with legal effect of a civil or administrative case regarding intellectual property rights and deems that a retrial is necessary, the intermediate people's court may retry the case according to its powers.
After November 6, 2014, all intermediate people's courts shall no longer directly try or designate a people's court at the district or county level to retry the cases where the judgment, ruling, or mediation record with legal effect of a civil or administrative case regarding intellectual property rights have been rendered by the people's courts of all districts and counties according to their powers and the Beijing Intellectual Property Court shall directly try or designate a people's court at the district or county level to retry such cases according to its powers.
6. After November 6, 2014, where a party deems that the judgment, ruling, or mediation record with legal effect of a civil or administrative case regarding intellectual property rights as rendered by an intermediate people's court is erroneous and files an application for retrial with the original intermediate people's court, the original intermediate people's court shall accept and examine the application and retry the case according to the law where conditions are met.
Where a party deems that the judgment, ruling, or mediation record with legal effect of a civil or administrative case regarding intellectual property rights as rendered by a people's court at the district or county level is erroneous and files an application for retrial with the court at the next higher level, if the application is filed before November 5, 2014, it shall be accepted and examined by the corresponding intermediate people's court in accordance with the original provisions on jurisdiction and the case shall be retried according to the law if conditions are met; and if the application is filed after November 6, 2014, it shall be accepted and examined by the Beijing Intellectual Property Court and the case shall be retried according to the law if conditions are met.
7. The effective judgments, rulings, and mediation records of cases under the first instance of the Beijing Intellectual Property Court shall be executed by the No. 1 Intermediate People's Court of Beijing Municipality.
8. The Beijing Intellectual Property Court shall execute such matters of the Beijing Intellectual Property Court in the process of case filing and trial as preservation, advance execution, mandatory measures, evidence preservation, and pre-action injunction.
9. In the trial of a civil or administrative case regarding intellectual property rights, where a party refuses to accept such compulsory measures made by the people's court at the district or county level as fine and detention and applies for reconsideration to the court at the next higher level, the party shall file an application with the corresponding intermediate people's court in accordance with the original provisions on jurisdiction before November 5, 2014; and the party shall filed an application with the Beijing Intellectual Property Court after November 6, 2014.
10. Where, in the trial of a first-instance civil or administrative case regarding intellectual property rights by a people's court at the district or county level, it is necessary for such people's court to report to its superior court for approving the extended time limit for trial, such people's court shall report to the corresponding intermediate people's court for approval in accordance with the original provisions on jurisdiction before November 5, 2014; and such people's court shall report to the Beijing Intellectual Property Court for approval after November 6, 2014.
11. The term “before” or “after” a certain date as mentioned in these Provisions shall include the date itself.