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Interpretation of the State Intellectual Property Office's Online Oral Trial of Administrative Adjudication Cases

Release Time：

2023-02-24

First, the background and purpose of the development of the second, the development process of the third, the main seven content

In order to facilitate the parties to patent infringement disputes to participate in administrative adjudication procedures, improve administrative efficiency, and standardize online oral adjudication of administrative adjudication cases, the State Intellectual Property Office has formulated the Measures for Online Oral Adjudication of Administrative Adjudication Cases of the State Intellectual Property Office (hereinafter referred to as the "Measures") in combination with the relevant provisions on administrative adjudication and the actual work. The Measures are hereby interpreted as follows:

1. Setting the background and purpose

In order to implement the decision-making and deployment of the Party Central Committee and The State Council to comprehensively strengthen the protection of intellectual property rights, and strengthen the central authority of intellectual property rights protection, in accordance with the relevant provisions of the newly revised patent Law, the State Intellectual Property Office has actively organized the administrative adjudication of major patent infringement disputes and the administrative adjudication of the early settlement mechanism of drug patent disputes. In 2022, the Bureau concluded 2 administrative rulings on major patent infringement disputes and 70 administrative rulings on the early resolution mechanism of drug patent disputes.

In the process of hearing relevant cases, due to the impact of the epidemic and other factors, some cases were carried out by means of online trial. Online oral hearing has the advantages of convenient convening and participation, saving the time cost of the parties, transportation, travel and other costs, and reducing the working time of oral hearing. In order to further standardize the online oral hearing of administrative ruling cases, the Measures are formulated in accordance with relevant laws and regulations and with reference to relevant judicial provisions.

2. Formulation process

The Measures were drafted in accordance with the Patent Law of the People's Republic of China, the Implementation Rules of the Patent Law of the People's Republic of China, the Administrative Enforcement Measures for Patents, and other laws and regulations, as well as the Administrative Adjudication Measures for Major Patent Infringement Disputes, the Administrative Adjudication Measures for the Early Settlement Mechanism for Drug Patent Disputes, and other documents, and the opinions of relevant departments and local intellectual property offices were solicited. And from October 21 to November 21, 2022, the public solicitation of opinions, relevant comments and suggestions sorted out and absorbed, the "Measures" after the relevant procedures approved and released.

3. Main contents

The Measures, consisting of 18 articles, mainly provide specific provisions on the effectiveness, scope of application, handling of non-participation in hearings, online evidence exchange, witnesses, public hearing provisions, confidentiality and other aspects of online oral hearings.

(1) Legal effect. The online oral trial of a case has the same legal effect as the offline oral trial.

(2) Scope of application. It is applicable to all administrative adjudication cases carried out by the State Intellectual Property Office. However, the parties have legitimate reasons to be unable to participate in the online oral trial or do not have the technical conditions and capabilities to participate in the online oral trial, and submitted a written application for approval by the State Intellectual Property Office; Complicated, numerous evidence, the use of online means is not conducive to the identification of facts and the application of law; Involving state security, state secrets or commercial secrets; And where the State Intellectual Property Office considers that there are other circumstances that are not suitable for online oral hearing, online oral hearing shall not be applicable.

(3) Not participating in the hearing without reason. Where the State Intellectual Property Office has notified the online oral hearing, and the party does not participate in the hearing without justifiable reasons, nor does it apply for the offline process, the applicant shall be treated as withdrawing the request, and the person requested shall be treated as absent.

(4) Online exchange of evidence. According to the circumstances of the case, the parties may be organized to carry out online evidence exchange and complete procedures such as evidence presentation and cross-examination through synchronous or non-synchronous means. If it is found that the original and physical items need to be checked offline during the trial, the verification and inspection can be arranged offline after the oral trial on the line.

(5) Provisions for the participation of witnesses in oral hearings. Witnesses who participate online shall not be allowed to sit in on the trial and shall not be interfered with by others. No other witnesses should be present when a witness is questioned, except in cases where a witness is required to confront him. If a party objects to the online appearance of a witness and has reasonable reasons, with the consent of the State Intellectual Property Office, the witness shall be required to testify in court offline.

(6) Provisions for public hearings. In cases where online oral hearing is applicable, the State Intellectual Property Office shall make public the online oral hearing process. For administrative ruling cases involving personal privacy and other circumstances, where the parties apply for an online oral hearing not to be made public, the online oral hearing process may not be made public.

(7) Confidentiality provisions. The relevant subjects participating in the online oral hearing shall comply with the relevant laws and regulations on data security and personal information protection, and fulfill the obligations of data security and personal information protection. Without the consent of the State Intellectual Property Office, no one may illegally record, intercept or disseminate audio, video or graphic materials related to the online oral hearing process. No one shall disclose, disseminate and use the data information of the online oral hearing in violation of laws and regulations.

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