China Proposes New Appeal Mechanism for IP Cases

November 28, 2018

Recently, the draft of "Decision on Several Issues Concerning Litigation Procedures of Patent and Other Cases" was submitted to the Standing Committee of the National People's Congress for deliberation.

The draft stipulates that, for first-instance judgments or rulings of civil or administrative cases involving high level of technicality, appeal shall be filed with Supreme People's Court within the statutory period.

The draft further stipulates that, for cases mentioned above, provided the first-instance judgments, rulings or mediation decisions have entered into effect, the requests for trial supervision procedures thereto, including retrial or protest, shall be tried by the Supreme People's Court, while the Supreme People's Court may order the People’s Courts at lower levels to retrial by law. (Source: China Intellectual Property News)