"The trial of IP cases is more professional and technical than normal cases, so the best way to solve the issue is to establish IP court of appeal." Yin Zhongxian, the NPC deputy and the Chief Justice of Supreme People's Court of Shangdong Province, said during the congress period Beijing.
"The IP can be regarded as a vane which has the closest relationship with the economic development, you can judge economic situation in a region by observing the IP cases there," Yin Zhongxian said, "to have special court for handling IPR cases and then dealing with IPR appealing cases in the same court would be more convenient for the people."
According to the current Chinese laws and judicial practices, as for the lawsuits of industrial property right confirmation disputes such as patent and brand etc., the court should perform judgments by laws regarding the trials of the related right confirmation dispute cases as administrative lawsuit cases.
The current IP authorization and the maintaining procedure is complicated with excessive levels of examination and low efficiency: the current patent law stipulates the reject reexamination procedure of the patent authorization involving the patent office, the Patent Reexamination Board and the review of four procedures by the two-level courts; regulating the invalid procedure for the patent maintaining procedure regarding the Patent Reexamination Board and three examinations of litigant adversarial procedure by the two-level courts; particularly for the adversarial disputed examination relief of the both parties, in fact there are 3 to 4 levels of examination obviously contradictory to the principle of "the second instance being the final instance" for ordinary relief procedure of civil disputes.
According to the current situation of China's IP protection and the objective requirements of future social development, Yin Zhongxian suggested that China should learn the successful foreign experiences and measures to establish the independent trial system and regulation of IP appealing court in time.
