The IP Court of Hainan Free Trade Port is established to strengthen the judicial protection of intellectual property rights and to create a sound business environment.
On Dec. 26, 2020, the 24th Meeting of the 13th Standing Committee of the National People’s Congress adopted the Decision on the Establishment of the Intellectual Property Court of Hainan Free Trade Port (the Decision, 关于设立海南自由贸易港知识产权法院的决定). In accordance with the Decision, it is decided to establish the Intellectual Property Court of Hainan Free Trade Port to strengthen the judicial protection of intellectual property rights, create a sound business environment and promote the construction of a free trade port with Chinese characteristics as well.
The establishment of the Intellectual Property Court of Hainan Free Trade Port is determined by the Supreme People's Court in accordance with the types and quantity of intellectual property cases.
The Intellectual Property Court of Hainan Free Trade Port has jurisdiction over the following cases:
(1) civil and administrative intellectual property cases of first instance in relation to patents, know-how, computer software, new varieties of plants, layout designs of integrated circuits, determination of well-known trademarks, and monopoly disputes and other disputes with relatively specialized and technical aspects in Hainan Province;
(2) other civil, administrative, and criminal intellectual property cases of first instance under the jurisdiction of intermediate people's courts of Hainan Province, except provided in the preceding paragraph;
(3) appeals and protests against the civil, administrative and criminal first-instance judgments and orders relating to intellectual property rights rendered by primary people’s courts of Hainan Province; and
(4) other cases determined by the Supreme People’s court to be under its jurisdiction.
Contributors: Yanru Chen 陈彦茹
