Legal basis: Provisions of the Supreme People's Court on Several Issues concerning Intellectual Property Courts.
Article 1 An intellectual property court shall be established in the Supreme People's Court, mainly to hear intellectual property appeal cases with strong technology such as patents.
The Intellectual Property Court is a permanent judicial institution sent by the Supreme People's Court, located in Beijing.
Judgments, rulings, conciliation statements and decisions made by intellectual property courts are those of the Supreme People's Court.
Article 2 The intellectual property court shall hear the following cases:
(1) Appeals against the first-instance judgments and rulings of the Higher People's Court, the Intellectual Property Court and the Intermediate People's Court on civil cases such as invention patents, utility model patents, new plant varieties, layout-design of integrated circuits, technical secrets, computer software and monopoly;
(2) Appeals against the first-instance judgment of Beijing Intellectual Property Court on authorizing the confirmation of invention patents, utility model patents, design patents, new plant varieties and layout design of integrated circuits;
(3) Cases that refuse to accept the first-instance judgments and rulings of higher people's courts, intellectual property courts and intermediate people's courts on invention patents, utility model patents, design patents, new plant varieties, layout-design of integrated circuits, technical secrets, computer software, monopoly administrative penalties, etc. ;
(4) Major and complicated civil and administrative cases of first instance as stipulated in items 1, 2 and 3 of this article nationwide; (5) Cases in which legally effective judgments, rulings or conciliation statements have been made in cases of first instance referred to in Items (1), (2) and (3) of this article, and applications for retrial, protest or retrial have been made according to law;
(6) Disputes over jurisdiction, fines, detention decisions and other cases of first instance referred to in items (1), (2) and (3) of this article, as well as cases applying for reconsideration and extending the trial period;
(seven) other cases that the Supreme People's Court thinks should be tried by the intellectual property court.
Article 3 The court that hears the cases of first instance in Item 1, Item 2 and Item 3 of Article 2 of these Provisions shall promptly hand over the paper and electronic files to the intellectual property court in accordance with the provisions.
Article 4 With the consent of the parties, the intellectual property court may serve litigation documents, evidential materials and judgment documents by electronic means such as electronic litigation platform, China trial process information disclosure network, fax and e-mail.
Article 5 The intellectual property court may organize evidence exchange and hold pre-trial meetings through electronic litigation platforms or online videos.
Article 6 The intellectual property court may, according to the circumstances of the case, go to the field or the seat of the people's court that originally tried the case for trial.
Article 7 The measures taken by the intellectual property court such as preservation shall be handled in accordance with the relevant provisions of the execution procedures.
Article 8 The filing information, members of the collegial panel, trial process and judgment documents of cases tried by intellectual property courts shall be disclosed to the parties and the society according to law, and can also be inquired through the electronic litigation platform and China trial process information disclosure network.
Article 9 The judges' meeting of the intellectual property court is composed of the president, the vice-president and a number of senior judges to discuss major, difficult and complicated cases.
Article 10 The intellectual property court shall strengthen the investigation on the trial work of relevant cases, sum up the judgment standards and trial laws in time, and guide the trial work of the people's courts at lower levels.
Article 11 If the provincial people's procuratorate protests against the first-instance judgment, ruling or conciliation statement of Article 2 of these Provisions, which has become legally effective by the intellectual property court and the intermediate people's court, the higher people's court shall inform it that it is filed by the Supreme People's Procuratorate to the Supreme People's Court according to law and will be tried by the intellectual property court.
Article 12 The judgments, rulings and decisions of cases of first instance referred to in Item 1, Item 2 and Item 3 of Article 2 of these Provisions were made before 20 19 1. If the parties appeal or apply for reconsideration according to law, they shall be tried by the people's court at the next higher level of the people's court that originally tried the case.
Article 13 The legally effective judgments, rulings and conciliation statements in the cases of first instance mentioned in Item 1, Item 2 and Item 3 of Article 2 of these Provisions were made before 20 19 1, and those who apply for retrial, protest or retrial according to law shall be governed by the Civil Procedure Law of People's Republic of China (PRC) and the Civil Procedure Law of People's Republic of China (PRC).