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REPLY OF THE SUPREME PEOPLE'S COURT ON HOW TO DEAL WITH THE DOCUMENT NUMBERS OF CASES INVOLVING ORDERS TO STOP INFRINGEMENT UPON PATENTS, TRADEMARKS OR COPYRIGHTS PRIOR TO LITIGATION AND THE CASE ACCEPTANCE FEE |
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(Interpretations No. 17 (2004) February 16, 2004) |
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SUBJECT : INTERPRETATION; INTELLECTUAL PROPERTY; FEE |
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA |
ISSUE DATE : 02/16/2004 |
IMPLEMENT DATE : 02/16/2004 |
LENGTH : 211 words |
TEXT : |
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Your "Request for Instructions about How to Deal with the Document Numbers of the Cases Involving Orders to Stop Infringement upon Patents, Trademarks or Copyrights Prior to Litigation and the Case Acceptance Fee" (No. 293 (2003) of the Higher People's Court of Shanghai Municipality) has been received. Upon discussion, the reply is given you as follows:
In accordance with the Several Provisions of the Supreme People's Court on Issues concerning Laws Applicable to the Trial of Cases of Disputes over Patents and other relevant judicial interpretations, the Cases Involving Orders to Stop Infringement upon Patents, Trademarks or Copyrights Prior to Litigation are cases falling within a new independent category. For the convenience of judicial statistics and correct indication of the nature of such cases, the document numbers of such cases shall be uniformly prefixed by the word "Jin" (meaning injunction).
With regard to the case acceptance fee related to the cases involving orders to stop infringement upon patents, trademarks or copyrights prior to litigation, since there is no disputed amount in such cases, according to Article 3 (5) of the Supplementary Provisions of the Supreme People's Court on Measures for Collecting Litigation Fees by the People's Courts, the case acceptance fee for each case shall be 500 yuan to 1,000 yuan.
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