On February 17, 2023, the China National Intellectual Property Administration (CNIPA) issued Announcement No. 517, promulgating the Measures for Online Oral Trial of Administrative Adjudication Cases (“Measures”), which came into force on the date of promulgation.
The Measures determines that the CNIPA may complete the oral trial procedures of administrative adjudication cases online through the Internet. At the same time, it is also clarified that generally the cases shall still be tried offline, and online trial is for exceptional circumstances. Online oral trial has the same legal effect as offline oral trial.
Cases to which online oral trial may apply include:
(1) administrative adjudication cases on major patent infringement disputes;
(2) administrative adjudication cases on early resolution mechanism of drug patent disputes;
(3) administrative adjudication cases on disputes over the exclusive right to integrated circuit layout designs;
(4) other administrative adjudication cases for which online oral trial may be appropriate.
Detailed provisions of the Measures may be found at the following link:
https://www.cnipa.gov.cn/art/2023/2/24/art_74_182288.html
