released October 22, 2020
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China's top court opened its Intellectual Property Court in Beijing on Tuesday, as a new step to effectively safeguard IP rights.
The new court, a subdivision of the Supreme People's Court, has been set up in the capital's Fengtai district. It is responsible for handling civil and administrative appeals related to patents, according to the top court.
Litigants who disagree with rulings made by intermediate people's courts at the city or prefecture level, or by specialized IP courts, can appeal directly to the top court instead of first appealing to provincial high people's courts.
"The change to patent-related litigation procedures aims to help prevent inconsistency and improve the quality and efficiency of trials," said Luo Dongchuan, chief judge of the IP Court.
The IP Court will also study difficult patent-related cases to help foster a favorable legal environment for technological innovation, and create a better business environment for domestic and international enterprises, he said.
The new court, with 30 judges selected from IP tribunals in 10 provinces across the country, has courtrooms, a litigation service center, a technical investigation department, and a coordination office.
People will be able to enjoy better legal services in the new IP court. Wang Chuang, deputy chief judge of the IP Court, said they will be able to read case-related materials on the court's online platforms.
The establishment of the IP Court implements a resolution on IP appeal procedures that was adopted at a bimonthly session of the country's top legislature, the Standing Committee of the National People's Congress, in October.
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