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British trademark judicial review system
The High Court of Wales, England, and the Court of Appeal of Wales, England are responsible for hearing intellectual property cases against the administrative decision of the British Patent Office. There are more than 1 judges in the High Court of Wales, England. At present, 17 judges are responsible for handling intellectual property cases. The Court of Appeal of Wales, England has a trial chamber composed of senior judges in the field of intellectual property, which is responsible for hearing appeal cases. According to Mr. Mike Knight, the head of the trademark law department of the British Patent Office, the parties who are dissatisfied with the trademark administrative decision made by the British Patent Office can choose arbitration or litigation to solve the trademark dispute according to the British trademark law. Among them, about 8% of the parties to the case choose the arbitrator appointed by the judge and ask him to make final arbitration; About 2% of the cases are brought to court. The parties do not need to consult the British Patent Office in advance on how to choose. In a litigation case in which the party refuses to accept the administrative decision made by the British Patent Office, if the party in the original case is unilateral, the director of the British Patent Office shall appoint a lawyer to appear in court as the party to the case to state the reasons for making the decision; If the parties to the original case are both parties, the director of the British Patent Office is not a party to the case. The Director of the British Patent Office has the right to decide whether to appear in court unless the court has a clear order that he must appear in court. If you decide to appear in court, the lawyer appointed by you will appear in court to explain the trial of the case. According to the provisions of the British judicial trial system, if a party refuses to accept the judgment of the first instance, he may appeal. However, Britain implements the system of leave to appeal, and the parties can only appeal on the legal application of the case. The court of appeal only examines the application of the law in the case. If a party refuses to accept the judgment of the second instance, he can also appeal to the British House of Lords (the highest appellate level in civil and criminal cases in Britain, which is the highest judicial organ). However, the acceptance of such cases must be approved by the Court of Appeal or the House of Lords. Therefore, for the vast majority of cases, the court of appeal is the final trial level. In the case that the court accepted the administrative decision of British patent and trademark, about 9% of the decision of British Patent Office was upheld after trial. The rest are either re-decided by the court or sent back to the Trademark Office for retrial due to procedural errors in the British Patent Office.