Supreme People’s Court of China Publishes “Intellectual Property Protection by Chinese Courts in 2011”
On 18 April 2012, the Supreme People’s Court of China (SPC) published the “Intellectual Property Protection by Chinese Courts in 2011”. The report gives an overall review and summary of the adjudication of intellectual property cases by the Chinese people’s courts in year 2011.
According to said report, the landscape of IP cases in China exhibited the following characteristics in 2011:
- New filings of civil and criminal cases increased considerably, while administrative cases involving foreign parties also saw significant increase;
- The number of major complex and difficult cases has increased, where cases involving foreign parties were proportionally higher;
- The number of patent cases continued to rise, with notable increase in the number of cases involving high tech inventions, economic interest involved in the patent cases escalating, and more Chinese companies suing foreign companies or foreign-invested companies;
- Disputes involving commercial marks continued to rise;
- The number of copyright cases increased significantly and continually, with the Internet being the most prominent battlefield.
The following table captures some important figures from the report that help depict the profile of IP cases in China in 2011:
Proceeding
|
Type of IP Cases
|
Cases
Newly Accepted
|
Year-on-year Growth
|
Cases
Concluded
|
Year-on-year Growth
|
First instance
civil cases
|
Patent cases
|
7819
|
35.16%
|
-
|
-
|
Trademark cases
|
12991
|
53.56%
|
-
|
-
|
|
Copyright cases
|
35185
|
42.34%
|
-
|
-
|
|
Technology contract cases
|
557
|
-16.87%
|
-
|
-
|
|
Competition cases
|
1137
|
0.53%
|
-
|
-
|
|
Others
|
2193
|
11.55%
|
-
|
-
|
|
Total
|
59882
|
40.14%
|
58201
|
39.51%
|
|
Second instance civil cases
|
Total
|
7642
|
17.17%
|
7659
|
18.18%
|
Civil reopened cases
|
Total
|
294
|
164.86%
|
224
|
105.50%
|
IP-related civil cases adjudicated by SPC
|
305
|
-
|
311
|
-
|
|
First instance administrative cases
|
Patent cases
|
654
|
18.69%
|
-
|
-
|
Trademark cases
|
1767
|
-12.78%
|
-
|
-
|
|
Copyright cases
|
2
|
0.00%
|
-
|
-
|
|
Others
|
10
|
-
|
-
|
-
|
|
Total
|
2433
|
-6.06%
|
2470
|
3.30%
|
|
Second instance administrative cases
|
Total
|
1333
|
-
|
1266
|
-
|
IP-related administrative cases
adjudicated by SPC
|
102
|
-
|
101
|
-
|
|
IP-related administrative cases
reviewed by SPC
|
13
|
-
|
11
|
-
|
|
First instance criminal cases
|
IP infringement
|
3134
|
142.19%
|
2967
|
24.53%
|
Production and sale of sub-standard products
|
774
|
29.87%
|
750
|
-
|
|
Illegal business operations
|
1747
|
-15.93%
|
1735
|
-
|
|
Others
|
52
|
-
|
52
|
-
|
|
Total
|
5707
|
42.96%
|
5504
|
7.70%
|
|
Pre-trial provisional measures
|
Preliminary injunction
|
130
|
98.23% (approval rate)
|
||
Pre-trial preservation
of evidence
|
186
|
93.42% (approval rate)
|
|||
Pre-trial preservation
of property
|
20
|
100% (approval rate)
|