More Than 130,000 IPR-Related Cases Concluded Nationwide

According the press conference held by the Supreme People's Court on November 3, China constantly strengthens its judicial protection of IPRs in the past 30 years. Through exercising the functions of civil, administrative and criminal trials, courts in China provide all-dimensional judicial protection to IPRs. By the end of September 2008, courts nationwide has totally concluded more than130,000 IPR-related civil, administrative and criminal cases of first instance.

In terms of civil cases adjudication, people's courts in China starts to hear cases related to technological contracts in late 1970s, civil cases of trademark, patent and copyright in mid-1980s and cases of unfair competition in early 1990s, having handled and concluded a large number of IPR-related civil cases according to law through launching work creatively. Statistics from the Supreme People's Court show that from 1985 to the end of September 2008, local courts nationwide totally accept and conclude 135,475 and 124,851 IPR-related civil cases of the first instance respectively. A total of 31,005 patent-related civil cases, 19,985 trademark-related civil cases, 42,072 copyright-related civil cases, 23,755 civil cases of technological contracts, 8,727 civil cases of unfair competition and 9,931 other civil cases are accepted. "In the past 30 years, the number of IPR-related cases accepted by people's courts grows constantly and stably. Especially after China's entry to the World Trade Organization, the growth is becoming more prominent, far exceeding that of general civil and business cases," said Xi Xiaoming, Vice President of the Supreme People's Court. From 2001 to 2007, local courts nationwide totally accept and conclude 77,463 and 74,200 IPR-related civil cases of the first instance respectively, up 22.6 percent and 22.92 percent annually. In the first nine months of 2008, local courts nationwide totally accept 18,545 IPR-related civil cases of the first instance, growing 38.96 percent year on year.

Regarding administrative trials, since 1985 when the Patent Law comes into effect, people's courts in China start to accept patent-related administrative cases with the Patent Reexamination Board as the defendant, earnestly perform the function of judicial review of right authorization and confirmation cases such as patent and trademark and IPR administrative law enforcement, and effectively supervise and urge IPR administrative departments to act according to law. From 1985 to the end of September 2008, local courts nationwide totally accept and conclude 4,249 and 3,847 IPR-related administrative cases of the first instance respectively. Of the amount, a total of 2,749 patent administration cases of the first instance, 1,407 trademark administration cases of the first instance and 93 copyright administration cases of the first instance are accepted. Mr. Xi says, "Most of the IPR-related administrative procedural cases list the Patent Reexamination Board and Trademark Review and Adjudication Board as the defendants. The proportion of such cases will continue to grow especially after the second modifications to the Patent Law and Trademark Law, which include the administrative practices of patent and trademark rights authorization and confirmation into the scope of judicial review."

In terms of criminal adjudication, people' courts severely punish criminals of IPR infringement such as trademark counterfeits and piracy. In 2007, local courts nationwide totally conclude 2,684 IPR-related criminal cases, involving 4,328 persons in cases with legal binding, including 4,322 sentenced to be guilty.

2013-07-17