Guiding Opinions on the Selection and Appointment of Judges for Intellectual Property Courts (Provisional)

No. 267 [2014] of the Supreme People's Court 28 October 2014

According to the Organic Law of the People's Courts of the People's Republic of China, the Judges Law of the People's Republic of China, the Decision of the Standing Committee of the National People's Congress on Establishing Intellectual Property Right Courts in Beijing, Shanghai and Guangzhou, and the Framework Opinions of the CPC Central Committee on Several Issues Concerning the Pilot Program of Reforming the Judicial System, and in light of the practicalities of intellectual property adjudication, these guiding opinions on selecting and appointing judges for intellectual property courts are hereby formulated as follows:

I.Selection and appointment of judges for intellectual property courts shall be based on the principles of Party controls the cadres, openness and performance-based, and respecting the nature of intellectual property adjudication.

II.Judges of intellectual property courts shall be openly selected and appointed in accordance with the Organic Law of the People's Courts of the People's Republic of China and the Judges Law of the People's Republic of China. Selection and appointment of the presidents, vice presidents and chief judges shall be carried out pursuant to the Regulations on the Selection and Appointment of the Party and Government Leaders.

III.Judges of intellectual property courts shall be selected from professional judges involved in adjudication of intellectual property cases or related cases, or from other legal professionals with equivalent qualifications involved in the legal practice, studies or teaching of intellectual property rights.

IV.To be appointed to intellectual property courts, judges must satisfy the criteria under the Judges Law of the People's Republic of China and possess the following qualifications:

i.Eligibility of a Grade IV senior judge;

ii.At least 6 years’ relevant adjudication experience;

iii.At least a bachelor’s degree in law from an institution of higher learning;

iv.Strong capability in presiding over court hearings and writing judgements.

V.The qualification requirements for other legal professionals to be appointed to intellectual property courts may be set at the local level in reference to these Opinions.

VI.The Judges Selection Committee shall evaluate the candidates’ professional competence and draw up a name list of candidates for competitive selection.

VII.For selection of candidates for presidents, vice presidents, chief judges and judges, the personnel department and discipline inspection department shall be jointly responsible for reviewing the candidates’ suitability.

VIII.Presidents of the intellectual property court shall be appointed by the standing committee of the people’s congress of the corresponding level, and as recommended by the chairmen’s council of the standing committee of the local people’s congress.

Judges for other posts shall be appointed by the standing committee of the people’s congress at the corresponding levels, and based on the recommendation of the president of the intellectual property court.

Selection and appointment of judges for intellectual property courts shall be guided by the local high people’s courts, and important issues shall be promptly reported to the Supreme People’s Court, and the local Party committee and political and legal affairs commission.

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