| The Supreme People's Court is the highest judicial organ of the State. It exercises the State judicial power in accordance with the provisions of the Constitution, supervises the judicial work of local people's courts at all levels and special people's courts, and holds itself responsible to the National People's Congress and its Standing Committee.
Hears the cases of first and second instances concerning intellectual property rights including copyright, trade mark right, patent right, technology contract, unfair competition, and rights to the achievements in scientific and technological research and new plant variety; hears the cases for retrial in intellectual property right matters against the judgments in force made by the lower courts, and handles the cases of applications for review in intellectual property right areas.
After the organizational reform of the Supreme Court of P.R.C in 2000, the settings and the responsibilities of the court was reorganized. According to the Functions of the Settings in the Supreme Court, the No.3 Civil Tribunal (former tribunal of intellectual property) has the functions as follows:
(1). adjudge cases of first and second instance concerning copyright, trademark, patent, technology contract, unfair competition and cases involving other intellectual property such as technical inventions and new varieties of plants;
(2).adjudge cases of dissatisfaction with the adjudication by the high courts or by the courts of lower levels;
(3).receive cases for reconsideration;
(4).examine and approve the applications by high courts for prolonged examination.
Furthermore, it accepts cases as follows:
(1). adjudge cases related to its function;
(2). adjudge cases involving foreign elements or parties from Hong Kong, Macaw, or Taiwan;
(3). work on proposals or suggestions by the Representatives or CPPCC, adjudge cases by entrust;
(4). participate in drafting the interpretations of laws
(5). guide in the research of the cases adjudgement.
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(Source:http://www.sipo.gov.cn/) |