Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases
Note: The Civil Code will be effective from 2021 It will come into effect on January 1, 2019. The "Marriage Law", "Succession Law", "General Principles of Civil Law", "Adoption Law", "Guarantee Law", "Contract Law", "Property Rights Law", "Tort Liability Law" and "General Principles of Civil Law" are abolished at the same time.
Several Provisions of the Supreme People's Court on Applicable Legal Issues in the Trial of Patent Dispute Cases
In order to correctly trial patents Dispute cases are based on the "General Principles of the Civil Law of the People's Republic of China" (hereinafter referred to as the "General Principles of the 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" and the "Administrative Procedure Law of the People's Republic of China", etc. The provisions of the law are as follows:
Article 1 The People's Court shall accept the following patent dispute cases:
1. Patent application right dispute cases;
2. Patent right ownership dispute cases;
3. Cases involving disputes over patent rights and patent application rights transfer contracts;
4. Cases involving disputes over patent infringement;
5. Cases of disputes over counterfeiting of others' patents;
6. Cases of disputes over royalties after the invention patent application is published but before the patent right is granted;
7. Cases involving disputes over rewards and remuneration for service-based invention inventors and designers;
8. Pre-litigation applications to stop infringement, Property preservation cases;
9. Inventor and designer qualification dispute cases;
10. A case of dissatisfaction with the decision of the Patent Reexamination Board to uphold the review of the rejection application;
11. A case of dissatisfaction with the decision of the Patent Reexamination Board on a request for invalidation of patent rights;
12. Case of dissatisfaction with the decision of the Patent Administration Department of the State Council to implement compulsory licensing;
13. Case of dissatisfaction with the decision of the Patent Administration Department of the State Council to implement compulsory licensing Licensing fee adjudication cases;
14. Cases of dissatisfaction with the administrative reconsideration decision of the Patent Administration Department of the State Council;
15. Cases of dissatisfaction with the administrative decision of the department managing patent work;
16. Other patent dispute cases.
Article 2 The first instance cases of patent disputes shall be under the jurisdiction of the Intermediate People's Court where the people's government of each province, autonomous region, or municipality directly under the Central Government is located and the Intermediate People's Court designated by the Supreme People's Court.
The Supreme People's Court may, based on actual circumstances, designate grassroots people's courts to have jurisdiction over first-instance patent dispute cases.[1]
Article 3: Parties’ objections to the Patent Reexamination Board’s 2001 If you are dissatisfied with the review decision on the revocation request for utility model or design patent rights made after July 1, 2019, and file a lawsuit with the People's Court, the People's Court will not accept the case.
Article Article 4: A party dissatisfied with a review decision made by the Patent Reexamination Board after July 1, 2001 on upholding the rejection of a utility model or design patent application, or a decision on a request for invalidation of a utility model or design patent right, shall file a lawsuit in the People's Court , the People's Court shall accept it.
Article 5: A lawsuit filed due to infringement of patent rights shall be under the jurisdiction of the People's Court at the place where the infringement occurred or where the defendant is domiciled.
The place of infringement includes: the place where the products accused of infringing the invention or utility model patent rights are manufactured, used, offered for sale, sold, imported, etc.; the use of patented methods The place where the acts of using, offering for sale, selling, and importing the products directly obtained according to the patented method are carried out; the place where the acts of manufacturing, selling, and importing the design patented products are carried out; the place where the acts of counterfeiting other people's patents are carried out .The place where the infringement results of the above-mentioned infringement occurred.
Article 6 The plaintiff only files a lawsuit against the manufacturer of the infringing product, but does not sue the seller. If the place where the infringing product is manufactured is inconsistent with the place where it is sold, the People's Court of the place of manufacture has jurisdiction; If the seller sues as a co-defendant, the People's Court of the place of sale has jurisdiction.
The seller is a branch of the manufacturer. If the plaintiff sues the manufacturer of the infringing product for manufacturing and sales in the place of sale, the People's Court of the place of sale has jurisdiction.
Article 7: Infringement litigation filed by the plaintiff based on a patent application filed before January 1, 1993 and a method invention patent granted based on the application shall refer to these regulations. The provisions of Articles 5 and 6 determine jurisdiction.
In the substantive trial of the above-mentioned cases, the People's Court applied the rule that the patent right for method inventions does not extend to products in accordance with the law.
Article 8 A plaintiff who files a lawsuit for infringement of utility model patent rights shall produce a search report made by the patent administration department of the State Council when filing a lawsuit.
If the defendant in a dispute over infringement of utility model or design patent rights requests to suspend the litigation, he shall file a request to declare the plaintiff's patent rights invalid during the defense period.
Article 9: In a case of dispute over infringement of utility model or design patent rights accepted by the People's Court, if the defendant requests to declare the patent right invalid during the defense period, the People's Court The litigation should be suspended, but the litigation does not need to be suspended if one of the following circumstances exists:
(1) The search report issued by the plaintiff did not find any findings that would lead to the loss of novelty of the utility model patent. , creative technical documents;
(2) The evidence provided by the defendant is sufficient to prove that the technology used is already known;
No comments yet. Say something...