Several Provisions of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Patent Dispute Cases
Several Provisions of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Patent Dispute Cases
Several Provisions of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Patent Dispute Cases
Fa Shi [2001] No. 21
June 22, 2001
The Several Provisions of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Patent Dispute Cases which were adopted at the 1180th meeting of the Judicial Committee of the Supreme People's Court on June 19, 2001, are hereby promulgated and come into force on July 1, 2001.
With a view to correctly trying patent dispute cases, the following provisions are set forth in accordance with the provisions of the General Principles of Civil Law of the People's Republic of China (hereinafter referred to as the General Principles of Civil Law), the Patent Law of the People's Republic of China (hereinafter referred to as the Patent Law), the Civil Procedure Law of the People's Republic of China, the Administrative Proceeding Law of the People's Republic of China and other laws:
Article 1 The people's courts shall accept the following types of patent dispute cases:
1. Cases concerning disputes over the right to apply for a patent;
2. Cases concerning disputes over the ownership of patent rights;
3. Cases concerning disputes over any contract for the assignment of a patent right or of the right to apply for a patent;
4. Cases concerning disputes over the infringement of patents;
5. Cases concerning disputes over the counterfeit of any patent owned by another person;
6. Cases concerning disputes over usage fees payable between the publication of a patent application for an invention and the granting of patent rights;
7. Cases concerning disputes over the reward or remuneration payable to the inventor or designer of an invention or creation produced in the course of employment;
8. Cases involving applications for pre-trial orders to stop an infringement or preserve property;
9. Cases concerning disputes over the standing of an inventor or designer;
10. Cases concerning dissatisfaction with a review decision of the Patent Reexamination Board upholding the rejection of an application;
11. Cases concerning dissatisfaction with a decision of the Patent Reexamination Board for a request to declare a patent invalid;
12. Cases concerning dissatisfaction with a decision of the Patent Administration Department under the State Council for compulsory licensing;
13. Cases concerning dissatisfaction with a ruling of the Patent Administration Department under the State Council for compulsory licensing royalty;
14. Cases concerning dissatisfaction with an administrative review decision of the Patent Administration Department under the State Council;
15. Cases concerning dissatisfaction with an administrative decision of a department responsible for the administration of patents; and
16. Other patent dispute cases.
Article 2 Any first instance cases concerning patent disputes are under the jurisdiction of the intermediate people's courts where the people's governments of the various provinces, autonomous regions and municipalities directly under the Central Government are located, and of the intermediate people's courts designated by the Supreme People's Court.
Article 3 A people's court shall not accept any lawsuit filed by a relevant party for dissatisfaction with a review decision made by the Patent Reexamination Board after July 1, 2001 concerning a request for the cancellation of a utility model or design patent right.
Article 4 A people's court shall accept any lawsuit filed by a party for dissatisfaction with a review decision made by the Patent Reexamination Board after July 1, 2001 upholding the rejection of an application for a utility model or design patent, or with a decision concerning a request to declare a utility model or design patent invalid.
Article 5 Any lawsuit filed concerning a patent infringement shall be under the jurisdiction of the people's court either where the infringement was committed or closest to the defendant's place of residence.
The place where an infringement is committed shall include the place where any of the following acts occurs: the acts of manufacturing, using, promising to sell, selling or importing any product for which a patent for an invention or new model is alleged to have been infringed; the act of using a patented process, and the acts of using, promising to sell, selling or importing any product obtained as a direct result of using that process; the acts of manufacturing, selling, or importing any product based on a patented design; and the act of counterfeiting the patent of another person.
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