On the morning of December 22, the 24th meeting of the Standing Committee of the 13th National People’s Congress was held at the Great Hall of the Supreme People’s court in Beijing.
Zhou Qiang, President of the Supreme People’s Court, made a statement on the establishment of an intellectual property court in the Hainan Free Trade Port.
Zhou Qiang proposed that the establishment an Intellectual Property Court in the Hainan FTP is an inevitable requirement for the implementation of General Secretary Xi Jinping’s directive on the construction of Hainan Free Trade Port and the central governments strategic deployment.
From the perspective of business, judicial talent and the number of cases for intellectual property trials in Hainan, the basic conditions for the establishment of the intellectual property court of the Free Trade Port have been met.
Case jurisdiction
The “Decision on the establishment of intellectual property courts free trade port in Hainan (draft)” explains that the Intellectual property rights trial court of the Hainan FTP should combine civil, administrative and criminal cases for intellectual property rights that are under the jurisdiction of intermediate courts in Hainan.
Specifically includes:
Patents, technical secrets, computer software, new plant varieties, integrated circuit layout designs, professional and technical first-instance intellectual property rights involving well-known trademark identification and monopoly disputes that occur in Hainan under cross-regional jurisdiction Civil and administrative cases.
The first-instance civil, administrative and criminal cases for intellectual property rights outside the jurisdiction of the Hainan Provincial Basic People’s Court and appeal cases of first-instance intellectual property civil, administrative and criminal cases tried by the Hainan Basic People’s Court.
Supervise:
The Hainan Free Trade Port Intellectual Property Court is a specialized court, it has the same trial capacity levels as the intermediate court.
Regarding the supervision of the Intellectual Property Court, after the establishment of legal procedures, the court is responsible for and reports to the Standing Committee of the Hainan Provincial People’s Congress.
It will also accept the professional guidance and trial supervision of the Supreme People’s Court and the Hainan High Court, accept the legal supervision by the Procurator at the same level.
Appointment and dismissal of judges:
The new measures state that the chief justice for the Hainan FTP Intellectual Property Court shall be appointed and if need be dismissed by the Hainan Provincial People’s Congress Standing Committee Directors’ Meeting to the Hainan Provincial People’s Congress Standing Committee.
The vice presidents, members of the adjudication committee, division chiefs, deputy division chiefs, and judges shall be appointed and dismissed by the standing committee of the Hainan Provincial People’s Congress upon the proposal of the president of the Intellectual Property Court.
The “Three in one” model:
The model incorporates criminal intellectual property cases into the jurisdiction of the Hainan Free Trade Port Intellectual Property Court, implementing the “three-in-one” model, which is somewhat different from other intellectual property courts that only accept civil and administrative intellectual property cases.
Zhou Qiang, President of the Supreme People’s Court, stated at the 24th meeting of the 13th National People’s Congress Standing Committee that, the implementation of the “three-in-one” model is conducive to the effectiveness of three different litigation procedures and alleviating conflicts between different judgments, it increases overall effectiveness of the intellectual property judicial protection mechanism.
Related article: Review to establish intellectual property court due in December 2020
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