Provisions On Litigation Concerning Foreign Intellectual Property Rights

2008/10/23 17:25:00 41866

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Foreign intellectual property litigation cases, like other foreign-related cases, are not subject to the limitation of the time limit prescribed in the civil procedure law or administrative procedure law.

Such a provision is reasonable for foreign intellectual property litigation and more complicated litigation.

Short trial period is not necessarily able to protect the legitimate rights of the parties, justice can be extended.

Legal justice is not only substantive justice, but procedural justice.

A reasonable trial period is a guarantee for litigants to obtain procedural justice.

The unlimited time limit does not mean that the case can be delayed for a long time. Otherwise, even if the judgment finally supports the claims of the obligee, it will not get the real justice.

There are also differences between the Chinese parties involved in intellectual property litigation and the foreign parties who have no domicile in our country.

The reply period and the appeal period of the Chinese parties are 15 days, while the defense period and the appeal period of the foreign parties who have no domicile in our country are 30 days.

In the case of foreign intellectual property litigation, both parties are foreign parties, who live in and out of our territory. The time of appeal and appeal is 15 days for the parties with residence in the territory of China, and the other party's defense period and appeal period are 30 days.