Hello: my country’s first intellectual property court is in Beijing. my country's first intellectual property court, the Beijing Intellectual Property Court, has officially performed its statutory duties, marking an important step in the reform of the judicial system deployed by the Third and Fourth Plenary Sessions of the 18th CPC Central Committee.
The newly established Beijing Intellectual Property Court is located at No. 18 Changhua Road, Haidian District, Beijing. It has 4 tribunals, a technical investigation room and a judicial police team, 2 judicial auxiliary agencies and 1 comprehensive administrative agency. . Centralized jurisdiction over intellectual property civil and administrative cases formerly under the jurisdiction of Beijing's intermediate people's courts. Establish an intellectual property court. The first is the need to promote the implementation of the national innovation-driven development strategy; the second is the need to increase judicial protection of intellectual property rights; and the third is the need to improve the level of intellectual property approval. According to the needs of trial work, the trial levels of the Beijing, Shanghai and Guangzhou Intellectual Property Courts are the same as those of the local intermediate people's courts. After the establishment of the Intellectual Property Court, it will mainly hear intellectual property civil and administrative cases such as various patents, new plant varieties, integrated circuit layout designs, and technical secrets, as well as other intellectual property civil and administrative cases. A specialized court established under a special law, the Intellectual Property High Court has a greater degree of independence than other high courts. It has a dedicated chief judge, a judicial conference and an intellectual property high court that is independent from the Tokyo High Court. Judicial Conference Administrators who resolve judicial administration issues. The Intellectual Property High Court is a court specialized in handling intellectual property cases and is established under specific provisions of the Court Organization Act. The obvious feature that distinguishes the Intellectual Property High Court from other high courts is that the Intellectual Property High Court handles all intellectual property cases, including certain intellectual property cases under the exclusive jurisdiction of the Tokyo High Court, cases infringing copyright or commercial interests due to unfair competition. , at the same time, the IP High Court is vested with specific powers to deal with judicial administration matters. The IP High Court is supervised by the Supreme Court in the administration of justice. In accordance with the spirit of the reform of the central judicial system, the Beijing Intellectual Property Court highlights the principal status of the presiding judge and the collegial panel, and strives to achieve "let the trial judge make the decision and the referee shall be responsible". Among them, the presiding judge implemented a quota system. The first batch of 22 judges was selected, and 4 were appointed as chief judges. 18 were selected through the assessment organized by the Judge Selection Committee in accordance with the principles of fairness, impartiality and openness. They were selected from the three-level courts in Beijing with rich experience and outstanding talents. Intellectual property judges are selected from among the judges. The average age is 40.2 years old. 91% of them have a graduate degree or above. They have been engaged in intellectual property trials for an average of 10 years. The average number of cases they have handled in the past five years has been 438.5. Their intellectual property trial experience and ability are relatively high. protrude. In addition, the Intellectual Property Court will also have 15 judicial administrative personnel and 51 judicial auxiliary personnel. Among the judicial auxiliary personnel, there are specially designated judge assistants and technical investigators, who are respectively responsible for assisting judges in conducting legal research, drafting legal documents, and providing professional technical opinions for judges to adjudicate cases. 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.
Legal basis: Article 15 of the "Organic Law of the People's Courts of the People's Republic of China". Specialized people's courts include military courts, maritime courts, intellectual property courts, financial courts, etc. The establishment, organization, powers and appointment and dismissal of judges of specialized people's courts shall be stipulated by the Standing Committee of the National People's Congress.
Article 123 of the "People's Republic of China and Civil Code" Civil subjects enjoy intellectual property rights in accordance with the law. Intellectual property rights are the exclusive rights enjoyed by obligees in accordance with the law with respect to the following objects:
(1) Works;
(2) Inventions, utility models, and designs;
(3) Trademark;
(4) Geographical indication;
(5) Trade secret;
(6) Integrated circuit layout design;
(7) New plant varieties;
(8) Other objects specified by law.
Legal basis:
"Intellectual Property Law of the People's Republic of China"
Article 24 If a registered trademark expires and needs to be continued to be used , you should apply for renewal of registration within six months before expiration; if you fail to apply during this period, you can be given a six-month extension period. If an application has not been made before the extension period expires, the registered trademark will be cancelled. Each renewal of registration is valid for ten years. After the registration renewal is approved, it will be announced.