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ARTICLE · 13 JUNE 2019

Selected Guiding Cases

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China is traditionally aligned with civil law system, but in recent years the Supreme People's Courts (SPC) have complied and published over a hundred guiding cases aimed at standardizing legal practice and forming a uniform criterion in adjudication.

ChinaIntellectual Property
CCPIT Patent & Trademark Law Office
CCPIT Patent & Trademark Law Office
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Guiding Cases

  • China is traditionally aligned with civil law system, but in recent years the Supreme People's Courts (SPC) have complied and published over a hundred guiding cases aimed at standardizing legal practice and forming a uniform criterion in adjudication.
  • Of all 112 guiding cases issued by SPC, 20 are IP cases.

Definition of Guiding Case

  • Guiding Cases in China refer to the cases compiled and published as Guiding Cases by SPC and the rulings or judgments in these cases have already come into legal effect. The Guiding cases have tackled complicated legal issues and can be cited in similar cases

Legal effect of Guiding Cases

  • According to Implementing Rules of the "Provisions on Guiding Cases issued by the SPC,
    • Where a case being adjudicated is, in terms of the basic facts and application of law, similar to a Guiding Case released by the Supreme People's Court, the People's Courts at any level should refer to the relevant Guiding

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