On December 29, the State Council Information Office held a press conference on relevant circumstances of the Intellectual Property Court of Supreme People’s Court (“SPC”). Justice LUO Dongchuan, Vice-President of SPC and Head of the IP Court of SPC, said at the press conference that the establishment of the IP Court of SPC is a significant decision made from the strategic height of developing a powerful nation in terms of intellectual property as well as science and technology. It is also an important measure to deepen the judicial reform in an all-round way, and a historic breakthrough in China’s intellectual property litigation system.

As Justice LUO introduced, on October 26, the 6th Session of the Standing Committee of the 13th National People's Congress adopted the Decision on Several Issues Concerning Litigation Procedure of Patent and Other Intellectual Property Cases, which provides that starting from January 1, 2019, civil and administrative cases concerning patent and other professional or technology involved intellectual property rights shall be appealed to SPC, and such appeals shall be adjudicated by the IP Court of SPC. 

Justice LUO pointed out the significance of the establishment of the IP Court of SPC in following aspects:

Firstly, it is instrumental in unifying and regulating the criteria of trial and strengthening IPR protection. The IP Court of SPC is a mechanism designed to unify the criteria of law application in civil and administrative cases concerning patent and other professional or technology involved intellectual property rights, and connect the litigation procedures accordingly, to improve the quality and efficiency of trial. In particular, as the judicial organ of SPC, the IP Court of SPC has the responsibility to establish judicial policies and judicial interpretations. And the judicial philosophy of SPC can be directly reflected in the judgments of the IP Court of SPC, which is conducive to strengthening protection and enhancing judicial credibility.

Secondly, it helps stimulating and protecting scientific and technological innovation. The IP Court of SPC is to protect innovation in an innovative way. As innovation is the primary driving force, it is important to improve the legal environment for scientific and technological innovation through judicial work, and to provide judicial safeguards for the implementation of Innovation-driven Development Strategy and for the achieving high-quality economic development. In the long term, it will play its role in making positive contributions to realize the“Two Centennial Goals” and in developing a powerful nation in terms of intellectual property as well as science and technology.

Thirdly, it is conducive to creating a sound business environment. The IP Court of SPC is formed and will be operated with a reformational mindset. It will provide equal protection of intellectual property rights for both Chinese and foreign enterprises and various market entities. Since China's accession to the WTO, it has always been stressed that the legitimate rights and interests of both Chinese and foreign parties must be equally protected in accordance with the law, which is also a key principle of China's judicial protection of intellectual property rights. Strengthening intellectual property rights protection is conducive to promote the formation of a law-based, international and convenient business environment and to promote the formation of a new stage of comprehensive opening-up.

Fourthly，it is the natural consequence of the operation of Comprehensively Deepening Reform. The establishment of the IP Court of SPC and the strengthening of intellectual property protection are the inherent needs of China's economic, scientific, technological and social development, as well as a major initiative to strengthen the construction of a specialized trial system for intellectual property rights and an important manifestation of China's commitment to strengthen the protection of intellectual property rights. With the deepening of China's reform and opening up in the new era, China will make greater efforts to protect intellectual property rights by taking more effective measures and achieving better results. The establishment of the IP Court of SPC makes a new historical starting point. Centering on the goal of "Delivering Equality and Justice in Every Case" and adhering to the high starting point, the high standard and the high level, the IP Court will endeavor to become a booster for technological innovation, a testing field of the judicial reform, a bellwether of patent trial, and a preferred court for international litigation, in its share of contribution to the construction of China as a powerful nation in terms of intellectual property as well as science and technology.(SCIO.GOV.CN)
(The English Version is for reference only. In case of discrepancy, the Chinese version shall prevail.)