Das Oberste Gericht hat die Vorschriften über Zivilrechtsstreitigkeiten revidiert: Mehrere neue Streitigkeiten wie Standard-essentiale Patente und Datenstreitigkeiten wurden hinzugefügt.

The adjustment of the legal basis for cases in the field of intellectual property has come to the fore. This includes the addition of legal bases for new areas such as disputes over standard - essential patents and data disputes, as well as the refinement and improvement of the classification of patent types and the protection of trade secrets. This has attracted wide attention in the intellectual property industry.

On December 17, the Supreme People's Court officially issued the "Decision on Amending the 'Provisions on the Legal Basis for Civil Cases'" (Law [2025] No. 226) and the "Notice on the Publication of the Amended 'Provisions on the Legal Basis for Civil Cases'" (Law [2025] No. 227), and corrected the "Provisions on the Legal Basis for Civil Cases" for the third time. In this correction, the adjustment of the legal basis for cases in the field of intellectual property was the focus. This includes the addition of legal bases for new areas such as disputes over standard - essential patents and data disputes, as well as the refinement and improvement of the classification of patent types and the protection of trade secrets. This has attracted wide attention in the intellectual property industry.

Background of the correction: Adapt to the requirements of the times and strengthen the protection of intellectual property

In recent years, with the in - depth implementation of the innovation - driven development strategy, the intellectual property business in China has developed dynamically. The number of cases in the field of intellectual property has been steadily increasing, and new disputes are constantly emerging. Driven by technologies such as 5G and the Internet of Things, disputes over standard - essential patents have become a pain point in the industry. In the development of the digital economy, disputes over property rights in data and virtual network assets are constantly increasing. When it comes to the use of trade secrets, the distinction between technical and business information is unclear, and there is an urgent need in judicial practice for more precise legal bases. At the same time, since the publication of the Civil Code in 2020, the national legal system has been continuously improved. A series of laws have been newly enacted or amended, which has placed new requirements on the system of legal bases for civil cases.

The Supreme People's Court has always attached great importance to the work on the legal basis for civil cases. Since the first publication of the "Interim Provisions on the Legal Basis for Civil Cases" in 2000 and its entry into force on January 1, 2001, these have been corrected and improved several times, including the formal publication of the "Provisions on the Legal Basis for Civil Cases" in 2008, the first correction in 2011, and the second correction in December 2020. Especially in 2020, the Supreme People's Court corrected the legal basis for the second time to ensure the unified and correct application of the Civil Code, which has played an important role. However, with the development of the economy and society and the changes in judicial practice, new civil disputes are constantly emerging, and the existing system of legal bases can no longer meet the practical requirements. Therefore, the third correction of the "Provisions on the Legal Basis for Civil Cases" was inevitable.

Against this background, the Supreme People's Court initiated the third correction, especially addressing the new disputes and refinement needs in areas such as intellectual property.

First introduction of several legal principles for disputes related to intellectual property, further refinement and precision

In this correction, the changes to the legal basis for cases in the field of intellectual property are particularly noticeable. The corrected "Provisions on the Legal Basis for Civil Cases" comprehensively reviewed and refined the legal basis related to intellectual property to improve the precision and effectiveness of intellectual property protection.

1. First introduction of a first - level legal principle for disputes over data and virtual network assets, adaptation to the development of the digital economy

With the dynamic development of the digital economy, the value of data and virtual network assets has become increasingly obvious. However, due to the incompleteness of relevant laws and regulations, disputes over data and virtual network assets often occur. Therefore, the corrected system of legal bases for the first time introduced a first - level legal principle "Disputes over data and virtual network assets" and divided it into two second - level legal principles "Data disputes" and "Disputes over virtual network assets". At the same time, the specific legal principles such as property rights in data, data contracts, infringement of data rights, as well as property rights in virtual network assets and contracts for virtual network assets were further refined.

Previously, the dispute over virtual network assets was only a fourth - level legal principle under the third - level legal principle "Disputes over network traffic liability". This time, it was upgraded by two levels. The data disputes were for the first time included in the Provisions on the Legal Basis for Civil Cases and defined as a second - level legal principle. This shows the high - level attention of the People's Court to new civil disputes such as data and network virtual asset disputes.

These changes help the courts apply legal regulations and rules when deciding disputes over data and virtual network assets. At the same time, it provides clearer ways for the parties to safeguard their rights and contributes to the healthy development of the digital economy.

2. First introduction of a third - level legal principle for disputes over standard - essential patents, coping with the challenges of new technologies

With the rapid development of new technologies such as 5G and the Internet of Things, disputes over standard - essential patents are constantly increasing. These disputes involve the balance of interests between patent holders and standard users and are difficult to handle. Therefore, the corrected system of legal bases for the first time introduced a third - level legal principle "Disputes over standard - essential patents" and divided it into "Disputes over infringement of standard - essential patent rights" and "Disputes over the licensing of standard - essential patents".

In the currently effective "Provisions on the Legal Basis for Civil Cases" amended in 2020, the only legal principle related to standard - essential patents was a fourth - level legal principle "Disputes over fees for standard - essential patents" under the third - level legal principle "Disputes over the ownership and use of patent rights". This time, it has been upgraded by two levels. The data disputes were for the first time included in the Provisions on the Legal Basis for Civil Cases and defined as a second - level legal principle. This shows the high - level attention of the People's Court to new civil disputes such as data and network virtual asset disputes.

These changes help the courts more accurately assess the nature of the case and balance the interests of both parties when deciding disputes over standard - essential patents. At the same time, it provides clearer ways for standard users to safeguard their rights and contributes to the balance between the spread and application of new technologies and the protection of rights.

The author has noticed that in the academic world, it has previously been argued that disputes over the licensing of standard - essential patents have the characteristics of both use - related disputes and contractual disputes, and it would be more reasonable to classify these disputes as contractual disputes.

Disputes over the licensing of standard - essential patents have the characteristics of both use - related disputes and contractual disputes. … By examining disputes over the licensing of standard - essential patents through negotiations and the analysis of interest claims, it can be found that these disputes arise from the pursuit of a balance of interests between patent holders and standard users. The actual dispute concerns the determination of licensing conditions. Compared with classifying disputes over the licensing of standard - essential patents as use - related disputes, it is more reasonable to classify them as contractual disputes, as this better reflects the targeting, order, and rationality of resource allocation in the specific context of technical standards. At the same time, this has three process values: First, the examination of good faith can be included in the calculation of the compensation amount to bring the negotiating parties back into the framework of good - faith negotiations. Second, it helps to limit the excessive use of preliminary injunctions and thus avoid the risk of the degeneration of preliminary injunctions. Third, it provides a rational basis for the system of preliminary licensing and helps to find better solutions to such disputes.

Zhang Guangliang, Qiao Zixuan, Official Account: Journal of Intellectual Property Zhang Guangliang, Qiao Zixuan: Studies on the legal nature of disputes over the licensing of standard - essential patents

However, from the currently newly published Provisions on the Legal Basis for Civil Cases, it can be seen that this classification method has not been adopted by the courts for the time being. It remains to be seen whether there will be further adjustments in the future.

3. Refinement of legal principles in the field of patent rights, strengthening of patent protection

In the field of patent rights, the corrected system of legal bases refined the classification of invention patents, utility model patents, and design patents. For example, the original "Disputes over the ownership and use of patent rights" was divided into "Disputes over the ownership and use of invention patents", "Disputes over the ownership and use of utility model patents" and "Disputes over the ownership and use of design patents". At the same time, the specific types of patent disputes such as counterfeit patents, disputes over the ownership of patent applications, and disputes over rewards for patent service providers were further refined.

This classification better corresponds to the differences between patent types. For example, the criteria for the creation of utility models and invention patents are different. The refinement makes it easier for the courts to specifically examine the use - related determinations. This change not only helps the courts more accurately assess the nature of the case and quickly identify the dispute point, but also improves the efficiency of the court process. At the same time, it provides clearer instructions for the parties in legal defense.

4. First introduction of a third - level legal principle for "Disputes over the use of geographical indications", protection of the development of regional specialty industries

Geographical indications are the intellectual property of "local products" and the core competitiveness of regional specialty industries. In recent years, disputes over the use of geographical indications such as "Wuchang rice" and "Yangcheng Lake aquatic products" have become more frequent. However, in judicial practice, the legal principles have been unclear, leading to different judgment standards. In this correction, "Disputes over the use of geographical indications" was introduced as a third - level legal principle for the first time, which clearly defines the legal boundary between the holders of geographical indications and the infringers.

For example, if a company without permission applies the geographical indication "Wuchang rice" to rice from other regions, the right - holder can directly file a lawsuit for "Disputes over the use of geographical indications". The court can then quickly examine the use - related determination based on the legal principle and avoid the difficulty of providing evidence as before due to the inaccurate legal principle. This effectively protects the brand value of regional specialty products.

5. First introduction of a third - level legal principle for "Disputes over the linkage of pharmaceutical patents", solution of cross - disputes in the pharmaceutical field

The system of the linkage of pharmaceutical patents is a key mechanism for balancing the interests of original drug manufacturers and generic drug manufacturers and involves cross - issues between drug market approval and patent validity. In recent years, innovation in the pharmaceutical industry has accelerated, and patent disputes between original drug manufacturers and generic drug manufacturers have become increasingly complex. For example, disputes often occur, such as whether an applicant for a generic drug falls within the protection scope of the original drug's patent or whether the "Bolar exception" applies. In this correction, a third - level legal principle "Disputes over the linkage of pharmaceutical patents" was introduced for the first time, which includes core dispute issues such as the confirmation of patent validity and the determination of infringement in the drug approval application process.

For example, when a generic drug manufacturer is sued by an original drug manufacturer for patent infringement when applying for market approval, the court can quickly clarify the cross - facts between drug approval and patent protection based on this legal principle, shorten the process time, and promote the balance between innovation and accessibility in the pharmaceutical industry.

6. First introduction of a legal principle for disputes over the refund of fees after cancellation, completion of the legal assistance chain

In the field of plant variety rights and exclusive rights to integrated circuits, there has long been a lack of clear legal principles for the refund of fees such as annual fees and registration fees that the right - holder previously paid. …