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IP update - IP Courts and Tribunals in China
Time: 2022-01-28
IP update - IP Courts and Tribunals in China

Hins X Li | Jan 28, 2022

 

Our foreign clients and colleagues have frequently asked questions about the Chinese IP court system. Over the past two decades, the rapid development of both society and economy in China has led to a sharp increase in the amount of IP cases. This has also generated more difficulties when solving IP related disputes. However, in the past eight years, the Supreme People’s Court (SPC) has established an improved jurisdiction system to provide faster and better service regarding IP cases.

● In 2014, three new specialized IP courts were established in Beijing, Shanghai, and Guangzhou.

● Since 2017, IP tribunals have been set up by intermediate people’s courts in over 20 cities.

● In 2019, the Intellectual Property Court of the Supreme People's Court (SPCIPC) was formally inaugurated, instituting a national-level appeal mechanism for Chinese IP cases. The SPCIPC hears appeal cases related to high-tech patents and other IP rights nationwide. According to published data, the SPCIPC received 5,218 cases in 2021, and 10% (523 cases) of them were cases involving foreign entities.

IP courts, IP tribunals, and intermediate people’s courts hear cases in the first instance, while the second instance is appealed to the SPCIPC.

For your reference, see below for a list of courts with jurisdiction over the first instance of patent disputes. Should you have any specific questions, please do not hesitate to let us know.

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