On November 6, 2014, China’s first intellectual property court, the Beijing Intellectual Property Court, was officially established and held its first hearing on December 16; on the afternoon of November 6, 2014, Beijing time, the whole country The first professional intellectual property trial institution, the Beijing Intellectual Property Court, was launched and officially performed its duties. Beijing. my country's first intellectual property court was established on November 6, 2014, at the Beijing Intellectual Property Court at No. 18 Changhua Road, Haidian District, Beijing. The first president of the Beijing Intellectual Property Court is Su Chi, the first president of the Intellectual Property Division of the Beijing Intermediate People's Court, the country's first intellectual property tribunal 20 years ago. Chen Jinchuan, Song Yushui, Jiang Ying and other nationally renowned and expert judges in the field of intellectual property adjudication all serve in the Beijing Intellectual Property Court

Legal basis:

"About the Beijing Intellectual Property Court" The main contents of the second draft of the Decision on the Establishment of Intellectual Property Courts in Shanghai and Guangzhou (Draft)

(1) Regarding the establishment of intellectual property courts

From the perspective of trial practice, my country’s knowledge Property rights cases mainly include patents, trademarks, copyrights, new plant varieties, integrated circuit layout designs, technical secrets, etc. Among them, cases such as patents, new plant varieties, integrated circuit layout designs, and technical secrets are more closely related to scientific and technological innovation. for closeness. To improve the intellectual property judicial protection system, we should fully consider the actual economic and social development conditions in various parts of our country, and choose Beijing, Shanghai, and Guangzhou, where patent cases are relatively concentrated and have a good trial work foundation, to establish intellectual property courts. The establishment of the tribunals of intellectual property courts shall be specified by the Supreme People's Court based on the actual conditions of each locality and the opinions of the establishment management department.

(2) Supervision of intellectual property courts

Based on the needs of trial work, the trial levels of the intellectual property courts in Beijing, Shanghai and Guangzhou are the same as those of the local intermediate people's courts. After an intellectual property court is established in accordance with legal procedures, it shall be responsible to and subject to supervision by the Standing Committee of the Municipal People's Congress where it is located. According to legal provisions, the trial work of the intellectual property court accepts the professional guidance and trial supervision of the local higher people's court; the trial of cases by the intellectual property court accepts the legal supervision of the local people's procuratorate at the same level or at a higher level.

(3) Regarding the case jurisdiction of the Intellectual Property Court

After the establishment of the Intellectual Property Court, it will mainly review various patents and new plant varieties, integrated circuit layout designs, technical secrets and other knowledge Property rights civil and administrative cases, as well as hearing other intellectual property civil and administrative cases. The case jurisdiction of the intellectual property courts is mainly patent technology cases, because such cases are more professional and technical, have higher trial requirements, are more important in promoting scientific and technological innovation and economic development, and need to further strengthen judicial protection. The decision (draft) stipulates that the Intellectual Property Courts of Beijing, Shanghai and Guangzhou shall have cross-regional jurisdiction over intellectual property cases involving patents, new plant varieties, integrated circuit layout designs, technical secrets and other matters in the provinces (municipalities directly under the Central Government). The scope of jurisdiction of the cases will be determined by the Supreme Court. Provisions of the People's Court. In addition, the Intellectual Property Court also has jurisdiction over first-instance appeals of civil and administrative judgments and rulings on copyright, trademark and other intellectual property rights from the grassroots people's courts of the city where it is located. The Beijing Intellectual Property Court will uniformly hear first-instance intellectual property administrative cases filed against the rulings or decisions of the administrative department of the State Council. Appeals against judgments and rulings of intellectual property courts shall be under the jurisdiction of the Higher People's Court where the intellectual property court is located. The above-mentioned jurisdictional provisions take into account factors such as the functions, establishment, and personnel of my country’s intellectual property courts as well as the classification, characteristics, and quantity of intellectual property cases, and further improve the judicial protection system for intellectual property rights with Chinese characteristics.

(4) Regarding the appointment and dismissal of judges in intellectual property courts

The president of an intellectual property court shall be recommended by the meeting of directors of the Standing Committee of the Municipal People’s Congress where it is located to the Standing Committee of the People’s Congress at the same level. Appointment and removal. The vice-president, chief judge, judges and members of the judicial committee of an intellectual property court shall be appointed or removed by the standing committee of the Municipal People's Congress where they are located, upon request by the president of the court. According to the requirements for formalization, specialization, and professionalization of the people's court team building, in addition to the general qualifications prescribed by law, judges of the intellectual property courts should also have rich relevant trial experience. The Supreme People's Court will provide guiding opinions on the selection standards for judges in the Intellectual Property Courts of Beijing, Shanghai and Guangzhou.