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Beijing Intellectual Property Court Pioneered a Try on Establishing the System of Stare Decisis

DATE:2018-05-17      FROM:

In order to amplify the leading role of the precedent cases instructive on judgment and to unify the applied law standard, on 2 June 2015 the Supreme Court has published the Detailed Practices of the Supreme Court on the Rules in Regard to the Instructive Cases with the following prescriptions:

 - The instructive cases shall be published after the same have been recommended to the Instructive Precedents Office of the Supreme People's Court by the adjudication divisions of the Supreme People's Courts, the Higher People's Courts and all social spheres, and afterwards approved through discussion by the Judgment Committee of the Supreme People's Court.

- The recommended instructive cases shall meet the following requirements:① The judgments have been legally in force;② With facts clearly identified, laws properly applied, judgments sufficiently grounded, and satisfactory legal and social effect achieved;③ With universal instructive effects on hearing the similar cases.

- For cases being heard by all levels of the People's Courts, if the basic details as well as the applied laws of which are similar to the instructive cases published by the Supreme People's Court, the courts shall judge in accordance with the crucial points of the judgment of the relevant instructive cases. When referring to these cases, the instructive cases shall be cited as grounds of judgment with the serial number and the essential points, but these instructive cases shall not be cited as the basis of judgment.

At present, the Supreme People's Court has established the Instructive IPR Precedents Research Base (Beijing) within Beijing Intellectual Property Court. Later on, while hearing cases, Beijing Intellectual Property Court will stress more on citing the legal precedents, especially the typical cases with binding legal effects as well as the relevant instructive cases published by the Supreme People's Court, so as to explore the prospect of establishing the legal system of stare decisis on hearing IP cases. On September 19 this year in the China IPR Forum (2015), Mr. Chi SU, the head of Beijing Intellectual Property Court stated that it is welcome that the lawyers provide court judgments of the prior cases for judges' references.


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