Changes and Precautions in the Administrative Litigation Procedure of the Beijing Intellectual Property Court during the COVID-19



Written by: Michael Yan, Fiona Hu

Dear clients, partners and friends:

As COVID-19 spreads over the world, at this difficult time, we are concerned about people affected by covid-19 worldwide. Chang Tsi & Partners sincerely wish you and your family are well. Please take care of yourself and those around you, and keep the positive energy alive. Chang Tsi & Partners will work together with you to fight the COVID-19. We also would like to take this opportunity to briefly introduce the changes and precautions of the filing procedure of administrative litigation in the Beijing Intellectual Property Court during the COIVD-19.

About Case Filing

Beijing Intellectual Property Court adopts online filing or mailing filing, and the case filing involves two stages, pre-filing and formal filing.

About Motion to Extend Time

According to Chang Tsi & Partners practical experience, the COVID-19 situation in foreign countries is not the absolute reason for Motions to Extend Time. Whether the Motions to be granted is at the judge's discretion.

Therefore, we have the following suggestions:

1. The Motions to Extend Time must be submitted with sufficient supporting documents, including but not limited to, notifications of shutdown or quarantine by the host country or local government, and certificates from the notary office about the impact of the epidemic;

2. The written Motion needs to explain the applicant's probable cause and the expected recovery time;

3. Once the epidemic is over, the applicant shall resume processing relevant materials immediately from where they belong.

Chang Tsi & Partners will continue to actively communicate with the Beijing Intellectual Property Court on behalf of our clients, considering the severe impact of the current epidemic on the global economy, we are willing to reduce the relevant fees.

Thanks, as always, for your trust in Chang Tsi & Partners, we firmly believe that together we will work our way through this unprecedented time.

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