Case Guidance System And Stare Decisis Principle In IP Cases

In April of 2015, the Supreme People's Court set up the Research Center (Beijing) on Case Guidance System in Intellectual Property Cases in the Beijing Intellectual Property Court, to explore the establishment of a case guidance system with Chinese characteristics relating to intellectual property cases. The legal sector has been calling for many years for a case guidance system and the stare decisis principle, or doctrine of precedent, to be introduced. The case guidance system and the stare decisis principle will fundamentally influence the trial of intellectual property cases and intellectual property practitioners need to be aware of the ramifications.

Introduction

The case guidance system began with the 'Provisions of the Supreme People's Court on Case Guidance' issued in November of 2010. On June 2, 2015, the Supreme People's Court issued 'Regulations for the implementation of the Provisions of the Supreme People's Court on Case Guidance'.