The newly established Beijing Intellectual Property Court is located at Changhua Road 18, Haidian District, Beijing. It consists of four trial courts, two judicial auxiliary institutions, namely, technical investigation room and judicial police team, and 1 comprehensive administrative institution. Centralized jurisdiction over intellectual property civil and administrative cases originally under the jurisdiction of Beijing Intermediate People's Court.
In accordance with the spirit of the reform of the central judicial system, the Beijing Intellectual Property Court highlights the main position of the presiding judge and the collegial panel, and strives to "let the judge try and be responsible for it". Among them, the presiding judge implements the post system. The first batch of 22 judges were selected, and 4 presidents were appointed. According to the principles of fairness, justice and openness, through the assessment and selection organized by the Judges Selection Committee, 18 was selected from the experienced outstanding intellectual property judges in the third-level courts in Beijing. The average age is 40.2 years, of which 965,438+0% are graduate students or above, and the average years of working in intellectual property trials are 65,438+08 years. In addition, the intellectual property court will also set up 15 judicial administrators and 5 1 judicial assistants. Judicial assistants have specially set up judges' assistants and technical investigators, who are responsible for assisting judges in legal research, drafting legal documents and providing professional technical advice for judges to decide cases.
Legal basis:
Decision of NPC Standing Committee on Establishing an Intellectual Property Court in Beijing, Shanghai and Guangzhou, in order to promote the implementation of the national innovation-driven development strategy, further strengthen the judicial protection of intellectual property rights, effectively protect the legitimate rights and interests of obligees according to law, and safeguard the public interests, the following decision is made in accordance with the Constitution and the Organic Law of the People's Court:
1. Set up intellectual property courts in Beijing, Shanghai and Guangzhou.
The establishment of the trial court of intellectual property court is determined by the Supreme People's Court according to the types and quantity of intellectual property cases.
Two. The intellectual property court has jurisdiction over the first-instance civil and administrative cases of intellectual property rights with strong professionalism, such as patents, new plant varieties, layout design of integrated circuits and technical secrets.
An administrative case of first instance that refuses to accept the intellectual property authorization confirmed by the ruling or decision of the administrative department of the State Council shall be under the jurisdiction of the Beijing Intellectual Property Court.
The intellectual property court shall exercise cross-regional jurisdiction over the cases specified in the first paragraph. Within three years after the establishment of the intellectual property court, it can implement cross-regional jurisdiction in its province (municipality directly under the Central Government).
Three. Appeals against civil and administrative judgments and rulings on intellectual property rights such as copyrights and trademarks of the grassroots people's courts in the city where the intellectual property court is located shall be tried by the intellectual property court.
Four, the appeal case of the first instance judgment and ruling of the intellectual property court shall be tried by the higher people's court where the intellectual property court is located.
Five, the judicial work of the intellectual property court is supervised by the the Supreme People's Court and local higher people's courts. The intellectual property court accepts the legal supervision of the people's procuratorate according to law.
Six, the president of the intellectual property court by the meeting of directors of the local Municipal People's Congress Standing Committee submitted to the Standing Committee of the people's Congress at the corresponding level for appointment and removal.
The vice president, president, judges and members of the judicial committee of the Intellectual Property Law Society shall be appointed and removed by the President of the Intellectual Property Court at the request of the Standing Committee of the local Municipal People's Congress.
The intellectual property court shall be responsible to the Standing Committee of the local Municipal People's Congress and report its work.
Seven, three years after the implementation of this decision, the Supreme People's Court should report the implementation of this decision to the NPC Standing Committee.
Eight, this decision shall come into force as of the date of promulgation.