British trademark judicial review system
The High Court of Wales, England and the Court of Appeal of Wales, England are responsible for hearing intellectual property cases against administrative decisions of the British Patent Office. There are more than 100 judges in the High Court of Wales, and there are currently 17 judges who are responsible for handling intellectual property cases. The Court of Appeal of Wales, England has a trial chamber composed of senior judges in the field of intellectual property, which is responsible for hearing appeal cases. According to Mr. Mike Knight, the head of the Trademark Law Department of the British Patent Office, the parties who are dissatisfied with the trademark administrative decision made by the British Patent Office can choose arbitration or litigation to solve the trademark dispute according to the British Trademark Law. Among them, about 80% of the parties to the case choose the arbitrator appointed by the judge and ask him to conduct the final arbitration; About 20% of the cases are brought to court. The parties do not need to consult the British Patent Office in advance on how to choose. In a litigation case in which a party refuses to accept an administrative decision made by the British Patent Office, if the original party is unilateral, the director of the British Patent Office shall appoint a lawyer as the party to the case to present the reasons for the decision; If both parties to the original case are parties, the director of the British Patent Office is not a party to the case. The director of the British Patent Office has the right to decide whether to appear in court or not, unless the court explicitly orders him to appear in court. If you decide to appear in court, your appointed lawyer will appear in court to explain the trial of the case. According to the provisions of the British judicial system, if one party refuses to accept the judgment of first instance, it can appeal. However, Britain implements the leave to appeal system, and the parties can only appeal on the legal application of the case. The court of appeal only examines the application of the law in the case. If one party refuses to accept the judgment of the second instance, it can also appeal to the British House of Lords (the highest appeal level in British civil and criminal cases is the highest judicial organ). However, the acceptance of such cases must be approved by the Court of Appeal or the House of Lords. Therefore, for most cases, the court of appeal is the final trial level. In the cases where the court accepted the administrative decisions of British patents and trademarks, about 90% of the decisions of the British Patent Office upheld the original judgment after trial. The rest is either a new judgment by the court or a procedural error of the British Patent Office sent back to the Trademark Office for retrial.