On the establishment of intellectual property court
Judging from the trial practice, China's intellectual property cases mainly include patents, trademarks, copyrights, new plant varieties, integrated circuit layout design and technical secrets, among which patents, new plant varieties, integrated circuit layout design and technical secrets are more closely related to scientific and technological innovation. To improve the judicial protection system of intellectual property rights, we should fully consider the actual situation of economic and social development in various parts of China, and choose Beijing, Shanghai and Guangzhou with relatively concentrated patent cases and good trial basis to set up intellectual property courts. The establishment of the trial court of the intellectual property court shall be specifically stipulated by the Supreme People's Court according to the actual situation in various places and the opinions of the establishment management department.
(2) On the supervision of intellectual property courts
According to the needs of trial work, the trial level of intellectual property courts in Beijing, Shanghai and Guangzhou is the same as that of local intermediate people's courts. After the intellectual property court is established in accordance with legal procedures, it shall be responsible to the Standing Committee of the Municipal People's Congress where it is located and accept supervision. According to the law, the trial work of the intellectual property court is subject to the professional guidance and judicial supervision of the local higher people's court; The intellectual property court shall accept the legal supervision of the local people's procuratorate at the same level or at a higher level when trying cases.
(3) the case jurisdiction of the intellectual property court
After the establishment of the Intellectual Property Court, it mainly tried all kinds of civil and administrative cases of intellectual property rights such as patents, new plant varieties, layout design of integrated circuits and technical secrets, taking into account other civil and administrative cases of intellectual property rights. The jurisdiction of intellectual property courts mainly focuses on patent technology cases, because such cases are more professional and technical, with higher trial requirements, which have a more important impact on promoting scientific and technological innovation and economic development, and need to further strengthen judicial protection. The draft decision stipulates that the intellectual property courts in Beijing, Shanghai and Guangzhou shall exercise cross-regional jurisdiction over intellectual property cases such as patents, new plant varieties, layout design of integrated circuits and technical secrets in their provinces (municipalities directly under the Central Government), and the jurisdiction of the cases shall be stipulated by the Supreme People's Court. In addition, the intellectual property court also has jurisdiction over the appeal cases of civil and administrative judgments and rulings of intellectual property rights such as copyrights and trademarks in the first instance of local grassroots people's courts. The Beijing Intellectual Property Court will uniformly hear the first-instance intellectual property administrative cases filed against the ruling or decision of the administrative department of the State Council. Appeals against judgments and rulings of intellectual property courts shall be under the jurisdiction of the Higher People's Court where the intellectual property court is located. The above provisions on jurisdiction comprehensively consider the functions, staffing and staffing of intellectual property courts in China, as well as the classification, characteristics and number of intellectual property cases, and further improve the judicial protection system of intellectual property rights with characteristics in China.
(four) on the appointment and removal of judges in intellectual property courts
The president of the intellectual property court shall be submitted to the Standing Committee of the People's Congress at the corresponding level for appointment and removal by the meeting of directors of the Standing Committee of the Municipal People's Congress where he is located. The vice president, president, judges and members of the judicial committee of the intellectual property court shall be appointed and removed by the president of the court at the request of the standing committee of the local municipal people's congress. According to the requirements of regularization, specialization and professionalization of the team construction of people's courts, judges of intellectual property courts should have rich relevant trial experience in addition to the general qualifications prescribed by law. The Supreme People's Court will guide the selection criteria of judges in Beijing, Shanghai and Guangzhou intellectual property courts.