Since its establishment on Nov. 6, 2014, the Beijing Intellectual Property Court (the “BIPC”) has accepted 367 cases. This is partly due to the fact that BIPC has broader jurisdiction than its Shanghai and Guangzhou counterparts.
Other than the ordinary subject matter jurisdiction granted to Intellectual Property Court like the Shanghai Intellectual Property Court, BIPC has additional subject matter jurisdiction, including:
- Administrative review case filed, in which the plaintiff refuses to accept the ruling or decision by department of the State Council on the granting or confirmation of a patent, a new variety of plant, an integrated circuit layout design, or any other intellectual property right;
- Administrative review case filed, in which the plaintiff refuses to accept a decision of a department of the State Council on a compulsory license for a patent, a new variety of plant or an integrated circuit layout design or a ruling thereof on compulsory royalties or remuneration; and
- Administrative review case filed, in which the plaintiff refuses to accept any other administrative act of a department of the State Council involving the granting or confirmation of any intellectual property right.
This means that all decisions made by the Trademark Review and Appeal Board and the Patent Reexamination Board will be appealed to the BIPC, which were initially appealed to the Beijing No. 1 Intermediary People’s Court. The BIPC’s subject jurisdiction derives from the location of those government authorities who are generally defendants in those litigation.
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