Provisions On The Period Of Foreign-Related Intellectual Property Litigation

The trial period of foreign-related intellectual property litigation cases, like other foreign-related cases, is not limited by the trial period specified in the Civil Procedure Law or the Administrative Procedure Law.

Such provisions are also reasonable for foreign-related intellectual property litigation, which is more complicated. The short trial period does not necessarily protect the legitimate rights of the parties, and justice can be upheld. Legal justice is not only substantive justice, but also procedural justice. And a reasonable trial cycle is the guarantee that litigants can obtain procedural justice. The unlimited trial period does not mean that the case can be postponed for a long time. Otherwise, even if the judgment finally supports the claim of the obligee, it does not obtain real justice.

The defense period and appeal period of the Chinese party in the foreign-related intellectual property litigation and the foreign party without domicile in China are also different. The reply period and appeal period of the Chinese party are 15 days, while the reply period and appeal period of the foreign party who has no domicile in China are 30 days. If both parties to the foreign-related intellectual property litigation are foreign parties and live in and outside the territory of China respectively, the defense period and appeal period of the party who has domicile in the territory of China is 15 days, and the defense period and appeal period of the other party is 30 days.