Update: Condition of IP-related Trials in China in 2014
The Supreme People’s Court released on March 18th the Annual Report of People’s Court (2014) (White Paper). The Supreme People’s Court has released annually white papers of judicial adjudication since 2010. The White Paper consists altogether 19 parts in three chapters, namely “Law Enforcement”, “Management Innovation” and “Reform and Development”, and conditions of IP cases were described as follows:

-- IP cases were handled in accordance with law, in which way provided safeguard to the construction of innovation-originated nation. Two cases of unfair competition and monopoly between Qihoo and Tencent concluded by the Supreme People’s Court had landmark significance to the facilitation of optimization of resource allocation in the market and to the standardization of competitive order in the Internet field. 94,501 IP civil cases of first instance were concluded, where the role of civil trial as the main channel in IP protection was given full play. 10,803 criminal cases of first instance involving IP infringement were concluded and legal effects of courts’ judgments were enforced on 13,904 people, in which way IP-related criminal acts were effectively punished and deterred. 4,887 IP administrative cases of first instance were concluded, therefore IP-related administrative acts were standardized and legal rights of administrative counterparts were protected.
 

Review: Condition of IP Litigation in China from 2010 to 2013

1. Supreme People’s Court, Annual Report on Intellectual Property Cases (2013)
The Intellectual Property Division of the Supreme People’s Court accepted a total of 594 new intellectual property cases, a 65.46% increase over the number in 2012. Dividing the new cases by trial procedure, there was a total of seven appeal cases, 51 review cases, 488 cases of applications for retrial, two protested cases and 46 cases requesting for instructions. Dividing them by the type of subject involved, there was a total of 186 patent cases, six new plant variety cases, 141 trademark cases, 176 copyright cases, one monopoly case, eight trade secret cases, nine other unfair competition cases, 24 intellectual property contract cases and 43 other cases (mainly involving intellectual property trial management matters). Dividing them by their nature, there was a total of 137 administrative cases, accounting for 23.06% of all newly-accepted cases, of which 64 were administrative patent cases and 73 administrative trademark cases, with an increase of 45.45% and 35.19% respectively over 2012; and 457 civil cases, accounting for 76.94% of all newly accepted cases. Additionally, there were 39 cases remaining from previous years, resulting in a total of 633 cases pending in 2013. A total of 548 intellectual property cases of various types were concluded during the year, of which three were appeal cases, 40 were review cases, 458 were cases of applications for retrial, 45 were cases requesting for instructions and two were protested cases. Of the 458 cases of applications for retrial concluded, 104 were applications for administrative retrial and 354 were applications for civil retrial; in 355 of the cases, a ruling to reject the application for retrial was rendered, in 67 of the cases, a ruling for review was rendered, in 15 of the cases, a ruling ordering or designating retrial was rendered, in eight of the cases, a ruling withdrawing the suit (including withdrawal of cases through mediation) was rendered, in three cases, a ruling concluding the case was rendered, and 10 of the cases were resolved by other means.

The Annual Report had derived 39 law application issues with general guiding significance from 30 typical cases (correlative cases with similar facts and legal issues were counted as one case) carefully selected from the intellectual property and competition cases concluded by the Supreme People’s Court in 2013. They reflected the trial standards, adjudication methods and judicial policy direction of the Supreme People’s Court in handling new, difficult and complicated cases in the intellectual property and competition trial fields.

2. Supreme People’s Court, Annual Report on Intellectual Property Cases (2012)

In 2012, the Intellectual Property Division of the Supreme People’s Court accepted a total of 359 new intellectual property cases, and concluded 366 cases (including cases remaining from previous years).

The Annual Report has derived 37 law application issues with general guiding significance from 34 typical cases carefully selected from the intellectual property and competition cases concluded by the Supreme People’s Court in 2012. They reflect the trial standards, adjudication methods and judicial policy direction of the Supreme People’s Court in handling new, difficult and complicated cases in the intellectual property and competition trial fields.

3. Supreme People’s Court, Annual Report on Intellectual Property Cases (2011)

In 2011, the Intellectual Property Division of the Supreme People’s Court accepted a total of 420 different types of new intellectual property cases, with an increase of 34.19% compared with the number of 2010. Additionally, there were 46 cases left over from 2010, giving a total of 466 different types of pending cases in 2011, of which 423 were concluded.

The Supreme People’s Court had, from among the intellectual property cases it concluded in 2011, derived 44 law application issues with general guiding significance from 34 carefully selected typical cases to prepare and issue the Annual Report.

4. Supreme People’s Court, Annual Report on Intellectual Property Cases (2010)

In 2010, the Intellectual Property Division of the Supreme People’s Court accepted a total of 313 different types of new intellectual property cases, with an increase of 5% compared with the number of 2009. Additionally, there were 50 cases left over from 2009, giving a total of 363 different types of pending cases in 2010, of which 317 were concluded.

On the basis of a summarization of its experience in issuing annual reports on intellectual property cases in past years, the Supreme People’s Court has, from among the cases on which a final and conclusive decision was reached in 2010, carefully selected 43 issues with board guiding significance from 36 cases to prepare and issue the annual report. The

Date: March 20, 2015
Source: Zhiliao Net