The Beijing IP Court recently established an internal Speedy Trial Panel for administrative litigation cases concerning the review of trademark application refusals. The panel will set the date for the court hearing and serve parties with subpoenas on the day on which the case is filed.
Trademark applicants can now apply to the court for a summary procedure, which will halve their legal fees and allow them to adduce evidence at the court hearing, instead of within a specific time limit. Further, applicants can brief the court about other relevant cases, such as:
- cases in which applied-for or cited trademarks have been tried;
- other cases of similar circumstances that could justify a consolidated court trial; or
- other cases whose application of law could serve as a reference.
The court will issue its judgment in cases tried via the summary procedure within 45 days.
The summary procedure will:
- greatly improve the court's trial efficiency;
- allow judges to gain a full understanding of a case's background; and
- be more convenient for involved parties.
For further information on this topic please contact Hui Huang, Paul Ranjard, Huimin Qin or Nan Jiang at Wan Hui Da Law Firm & Intellectual Property Agency by telephone (+86 10 6892 1000) or email (email@example.com, firstname.lastname@example.org, email@example.com or firstname.lastname@example.org). The Wan Hui Da Law Firm & Intellectual Property Agency website can be accessed at www.wanhuida.com.
This article was first published by the International Law Office, a premium online legal update service for major companies and law firms worldwide. Register for a free subscription.