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Lawmakers consider establishing special IPR courts   

北上广拟设知识产权法院 主审专利技术民事行政案

2014-08-26 09:54 Xinhua Web Editor: Mo Hong'e

Chinese lawmakers on Monday began reviewing a draft decision on establishing special courts to hear cases related to intellectual property rights (IPR).

The draft has been tabled for deliberation at the bimonthly meeting of the Standing Committee of the National People's Congress (NPC), China's top legislature.

According to the draft, such courts will be set up in Beijing, Shanghai and Guangzhou, where many IPR-related lawsuits are filed.

Once established, the courts will focus largely on civil and administrative lawsuits regarding patents, new plant varieties, integrated circuit layout designs and technological knowledge, said Zhou Qiang, president of the Supreme People's Court (SPC), in a report to legislators about the draft.

These cases play an important part in advancing the country's technical innovation and economic development, and they require more skilled judges and more professional trials, Zhou explained.

The courts will also handle appellate cases regarding other IPR-related matters, such as copyright and trademark disputes, according to the draft.

These IPR courts will be equivalent to local intermediate courts, answering to the standing committees of their local municipal people's congresses.

They will also be under the supervision of local procuratorates and superior courts, according to Zhou's report.

The jurisdiction of the courts will not be confined to cases in their localities but will be defined by the SPC, Zhou said.

According to the draft, presidents, vice presidents and chief judges of these courts will be appointed by local legislatures.

Moreover, Zhou said procedural rules, evidence rules and litigation preservation measures will be improved to provide better IPR protection, and the courts will establish a professional forensic investigation system to determine technical facts.

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