1, Beijing Intellectual Property Court has accepted cases since June 6, 201/April, and centralized jurisdiction over intellectual property civil and administrative cases originally under the jurisdiction of Beijing Intermediate People's Court in accordance with the Supreme People's Court's Provisions on Jurisdiction of Intellectual Property Courts in Beijing, Shanghai and Guangzhou.
In the civil administrative case of intellectual property of first instance, if the parties bring a lawsuit after 20 14 1 1.6, it shall be accepted by the intellectual property court. If a party refuses to accept a civil or administrative case of intellectual property rights tried by a district or county people's court of first instance and appeals after 20141.6, it shall be accepted by the intellectual property court.
20 1 14 years15 October, the parties concerned have filed lawsuits or appealed to the No.1 Intermediate People's Court, No.2 Intermediate People's Court and No.3 Intermediate People's Court on civil and administrative cases of intellectual property rights. If the above-mentioned intermediate people's court has filed a case but has not yet concluded it, the trial will continue; The above-mentioned intermediate people's court shall continue to examine, file and hear intellectual property civil and administrative cases in which the parties have submitted prosecution and appeal materials but have not yet filed a case.
2. 20 14, 1 1.5. For civil and administrative cases of intellectual property that have been heard by the intermediate people's court but not yet concluded, if the judge in charge has transferred them to the intellectual property court, the judge in charge will continue to conclude them in the original intermediate people's court. However, after 20 14, 12 and 2 1, the original intermediate people's court will continue the trial after replacing the presiding judge.
3. If it is necessary to form a collegial panel to continue the trial due to the transfer of judges, the parties concerned shall be informed of the changes in the collegial panel, and the litigation actions already conducted by the original collegial panel shall remain valid.
4. In the civil and administrative cases of intellectual property rights tried by the district or county people's courts of first instance, if the appeal period of the parties starts before 20141.5 and ends after 20 14 1.6, the judgment document of first instance shall indicate: 2066. If an appeal was filed after October 6, 2004/KLOC-0, 20 165438, the appeal was filed with Beijing Intellectual Property Court.
After 5.20 1 14 years10.6, the intermediate people's court may file a retrial ex officio if it finds that the legally effective civil and administrative judgments, rulings and conciliation statements of intellectual property rights are indeed wrong.
After 20 14 1 1.6, the intermediate people's courts will not send back the legally effective civil and administrative judgments, rulings and conciliation statements of intellectual property rights or order a retrial, and the intellectual property courts will send them back or order a retrial ex officio.
6.20 1 1 14 After June 6, if a party considers that there is an error in a legally effective civil or administrative judgment, ruling or conciliation statement of intellectual property rights in the intermediate people's court, and applies to the intermediate people's court that tried the case for retrial, the intermediate people's court that tried the case shall accept it, examine it and retry it according to law.
If the parties think that there are errors in the legally effective civil and administrative judgments, rulings and conciliation statements of intellectual property rights in the people's courts of all districts and counties, and apply to the higher court for retrial, if the application is filed before 201kloc-0/65438 10, the relevant intermediate people's courts will accept and review it according to the original jurisdiction, and if it meets the requirements, it will be retried according to law; If an application is submitted after October 6, 201141,it will be accepted and examined by the intellectual property court. If it meets the requirements, it will be retried according to law.
7. Effective judgments, rulings and conciliation statements shall be executed by the No.1 Intermediate People's Court if they are tried by the Intellectual Property Court.
8. Matters such as preservation, prior execution, compulsory measures, evidence preservation and pre-litigation injunction in the process of filing a case in an intellectual property court shall be executed by the intellectual property court.
9. In the trial of intellectual property civil and administrative cases, if a party refuses to accept the compulsory measures such as fines and detention made by the district or county people's courts and applies to a higher court for reconsideration, it shall file an application with the corresponding intermediate people's court before 20 1 14 years 10. 20 14 1 1.6, apply to the intellectual property court.
10. If the people's courts of all districts and counties need to report to the higher court for approval to extend the trial period when trying civil and administrative cases of intellectual property rights of first instance, they should report to the corresponding intermediate people's court for approval before 20 1 14; After 20 14 1 1.6, it shall be submitted to the intellectual property court for approval.
1 1. The date mentioned in these Provisions includes today.