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        current location: Home > News

        Intellectual Property Court Opens First Circuit Trial

        Release time:2019-08-12 09:09:11 source:ipc.kfyzwh.com

        The Intellectual Property Court of the Supreme People's Court had its first circuit trial at the SPC Third Circuit Court in Nanjing, Jiangsu province on July 23.

        The case is an appeal by an appellant surnamed Wang against a lower court ruling that the five respondents had not infringed on his patent for an invention on a small electric sinking pump with a motor casing as the weld assembly.

        As the involved invention is heavy, hard to transport, and the comparative analysis requires dissembling the alleged infringing product which concerns complicated steps and technology, hearing the case through remote video is not the best solution.

        Considering that all the six parties involved in the dispute are based in Jiangsu province, the collegiate panel decided to hold its first circuital trial in Nanjing. The other considerations include difficulties in both fact-finding and application of law. For example, the case involves the issues about the date of prior art as well as confirmation of technical schemes. Also, it involves the typical issue of different standards between patent infringement civil case and patent invalidation administrative procedure.

        The appellant and respondents argue on issues including whether the date of pump manufacturing is prior to the patent application date, whether the involved technology is known to the public prior to the patent application date, and so on.

        The trial lasted for more than two hours and the judgment will be announced later.

        More than 80 reporters, judges of the Jiangsu Provincial People's Court, students and teachers at Nanjing University, Hohai University and Nanjing University of Science and Technology attended the trial.

        The trial was open and live-streamed through the internet.

        After the trial, judges in the collegiate panel and director of the litigation service center of the Court elaborated the background and functions of the Court towards the students so as to let them further understand how the technology-related intellectual property cases are handled by the Court.

        The circuit trial meets the public's demands and expectation of easy access to litigation, which is an innovation in both judicial system and practice.

        The Intellectual Property Court of the Supreme People's Court holds its first circuit trial at the SPC Third Circuit Court in Nanjing, Jiangsu province on July 23. [Photo/ipc.kfyzwh.com]

        The small electric sinking pump with a motor casing as the weld assembly involved in the case is displayed at the court. [Photo/ipc.kfyzwh.com]

        More than 80 reporters, judges of the Jiangsu Provincial People's Court, and students and teachers at Nanjing University, Hohai University and Nanjing University of Science and Technology attend the trial. [Photo/ipc.kfyzwh.com]


        Responsible editor:IPC