China’s Supreme Court Will Hear Appeals on IP Lawsuits Involving Strong Technical Background
Under the current practice, the appeals against the decisions of the first instance court on patent infringement litigation and patent validity are heard at provincial level high courts. These cases will only go before the Supreme Court if a further appeal is allowed. Thus, judges in different courts may have some difference in the technical knowledge, as well as the interpretation and opinion of the law.
Under the new passed procedure, the appeals (for patents involving relatively strong technical backgrounds) against the first instance judgments or rulings on IP civil and administrative lawsuits are both heard by SPC. Appeals not involving high technical or complex issues are still heard by local high courts.