In order to achieve a smooth transition in the jurisdictional adjustment of intellectual property cases, ensure the smooth and orderly intellectual property trial work of the city's courts, and protect the litigation rights of the parties, in accordance with the "Civil Procedure Law of the People's Republic of China" and the "Civil Procedure Law of the People's Republic of China", Administrative Procedure Law of the People's Republic of China", "Decision of the Standing Committee of the National People's Congress on the Establishment of Intellectual Property Courts in Beijing, Shanghai and Guangzhou", "Provisions of the Supreme People's Court on the Jurisdiction of Intellectual Property Courts in Beijing, Shanghai and Guangzhou" 》, formulate these regulations.

1. The Beijing Intellectual Property Court began to accept cases on November 6, 2014. In accordance with the "Regulations of the Supreme People's Court on the Jurisdiction of Cases of the Intellectual Property Courts of Beijing, Shanghai and Guangzhou", the centralized jurisdiction was originally provided by various jurisdictions in Beijing. Intellectual property civil and administrative cases under the jurisdiction of the Intermediate People's Court.

For first-instance intellectual property civil and administrative cases, if the parties file a lawsuit after November 6, 2014, the intellectual property court will accept the case. If a party is dissatisfied with a first-instance intellectual property civil or administrative case heard by a district or county people's court and files an appeal after November 6, 2014, the intellectual property court shall accept the appeal.

Before November 5, 2014, for intellectual property civil and administrative cases that the parties had filed lawsuits or appeals with the Municipal First Intermediate People’s Court, the Second Intermediate People’s Court, and the Third Intermediate People’s Court, the above-mentioned intermediate people’s courts If the case has been filed by the court but has not yet been concluded, the trial will continue; for intellectual property civil and administrative cases where the parties have submitted prosecution and appeal materials but have not yet been filed, the above-mentioned intermediate people's courts will continue to review, file and hear the case.

2. For intellectual property civil and administrative cases that have been opened but not yet concluded by the intermediate people's courts before November 5, 2014, if the judge in charge of the case has been transferred to the intellectual property court, the judge in charge of the case shall sit in the original court. The Intermediate People's Court continues to conclude the case. However, if the case has not been concluded after December 21, 2014, the original Intermediate People's Court will continue the trial after changing the judge.

3. If it is necessary to form a new collegial panel to continue the trial due to the transfer of judicial personnel, the parties shall be informed of the change of the collegial panel, and the litigation actions already carried out by the original collegial panel will continue to be valid.

4. For first-instance intellectual property civil and administrative cases heard by district or county people’s courts, if the appeal period of the parties begins before November 5, 2014 and expires after November 6, 2014, When explaining the right of appeal in the first-instance judgment document, it should be noted that if the appeal petition is submitted before November 5, 2014, the appeal shall be filed with the Beijing No. An appeal was filed before the Intellectual Property Court.

5. After November 6, 2014, the intermediate people's courts found errors in the court's legally effective intellectual property civil and administrative judgments, rulings, and mediation documents, and considered that retrials were necessary. , can initiate a retrial ex officio.

After November 6, 2014, the intermediate people's courts will no longer review or order retrials of intellectual property civil, administrative judgments, rulings, and mediation documents that have become legally effective by the district and county people's courts. The Intellectual Property Court may initiate a trial or order a retrial ex officio.

6. After November 6, 2014, if the parties believe that there are errors in the legally effective intellectual property civil and administrative judgments, rulings, and mediation documents of various intermediate people's courts, they may apply to the original intermediate people's court. In case of retrial, the intermediate people's court that originally tried the case shall accept and review the case, and if the case meets the conditions, it shall be retried in accordance with the law.

If the parties believe that there are errors in the legally effective intellectual property civil and administrative judgments, rulings, and mediation documents of the people's courts of various districts and counties, they should apply for retrial to the higher court and submit the application before November 5, 2014. In accordance with the original jurisdiction provisions, the application shall be accepted and reviewed by the corresponding intermediate people's court, and retrial in accordance with the law if the conditions are met; if the application is submitted after November 6, 2014, the application shall be accepted and reviewed by the Intellectual Property Court, and retrial in accordance with the law if the conditions are met.

7. For cases of first instance in the Intellectual Property Court, the effective judgments, rulings and mediation documents shall be executed by the Municipal No. 1 Intermediate People’s Court.

8. Preservation, advance enforcement, compulsory measures, evidence preservation, pre-litigation injunctions and other matters during the filing and trial process of the intellectual property court shall be executed by the intellectual property court.

9. In the trial of intellectual property civil or administrative cases, if the parties are dissatisfied with the fines, detentions and other coercive measures imposed by the district or county people's courts and apply for reconsideration to the higher court, November 5, 2014 Previously, applications were filed with the corresponding intermediate people's court in accordance with the original jurisdiction regulations; after November 6, 2014, applications were filed with the Intellectual Property Court.

10. If the people's courts of various districts and counties hear first-instance intellectual property civil or administrative cases and need to apply to the superior court for approval to extend the trial period, before November 5, 2014, they shall apply accordingly in accordance with the original jurisdiction regulations. approved by the Intermediate People's Court; after November 6, 2014, it will be submitted to the Intellectual Property Court for approval.

11. All dates mentioned in these regulations before and after include today.