In order to facilitate the parties involved in patent infringement disputes to participate in the administrative adjudication process, enhance administrative efficiency, and regulate the work of online oral hearing of administrative adjudication cases, the China National Intellectual Property Administration formulate the Measures for Online Oral Hearing of Administrative Adjudication Cases of CNIPA (hereinafter referred to as "the Measures"), now for the Measures to Interpret the following:

The Measures consist of 18 articles, which contain specific provisions on the effectiveness of online oral hearings, the scope of application, the handling of non-participation in hearings, online evidence exchange, witnesses, provisions for public hearings, and confidentiality.

(i)Legal effect

The online oral hearing of the case has the same legal effect as the offline oral hearing.

(ii)The scope of application

The administrative adjudication cases carried out by the CNIPA are applicable. However, the parties have valid reasons for not being able to participate in the online oral hearing or do not have the technical conditions and ability to participate in the online oral hearing, and written application agreed to by the CNIPA; Or cases of difficult and complex, with voluminous evidence, in which the use of online is not conducive to ascertaining the facts and applying the law; Or cases involving national security, state secrets, trade secrets; Or if the CNIPA considers that there are other circumstances that make it inappropriate to apply online oral hearing, it shall not apply to online oral hearing.

(iii) Failure to participate in the hearing without reasons 

If the CNIPA has notified the online oral hearing, and the party does not attend the hearing without justifiable reasons, and does not apply for transferring the hearing to offline, the applicant shall be treated as withdrawing the request, and the respondent shall be treated as being absent from the hearing.

(iv) Online Exchange of Evidence 

Depending on the circumstances of the case, the parties may be organised to carry out online exchange of evidence, and complete the procedures of proof and cross-examination through synchronous or asynchronous means. If it is found during the hearing that it is necessary to check the originals and physical objects through offline verification, verification and checking can be arranged offline after the oral hearing on line.

(v) Provisions for the participation of witnesses in oral hearings

If a witness participates through online means, he or she shall not be allowed to observe the hearing of the case and shall not be interfered with by others. When questioning witnesses, other witnesses shall not be present, except in cases where confrontation of witnesses is required. The parties to the witness online appearance objections and reasonable grounds, the CNIPA agreed, shall require witnesses to appear offline to testify.

(vi) Provisions for Public Hearings

The CNIPA shall make public online oral hearing process for the case of online oral hearing. Online oral hearing process can not be made public if the parties apply for non-public online oral hearing for cases involving personal privacy and other circumstances.

(vii) Confidentiality provisions

The relevant subjects participating in the online oral hearing shall comply with the relevant laws and regulations on data security and personal information protection, and fulfil the obligations on data security and personal information protection. Without the consent of the CNIPA, no one shall unlawfully record, intercept or disseminate audio, video or graphic materials relating to the process of the online oral hearing, no one shall disclose, disseminate or use the data and information of the online oral proceedings in violation of the law.