According to the Statistics released by the Supreme People's Court recently, during the first 10 months this year, local courts nationwide totally accept 24,149 civil IP cases, up 30 percent year on year. The number of IP cases continues to grow stably.
The statistics show that during the first 10 months this year, local courts totally accepted 20,806 civil IP cases of the first instance, up 36.9 percent year on year, 3,251 civil IP cases of the second instance, up 49.5 percent, and 92 civil IP cases of retrial, up 162.8 percent. After the implementation of the newly revised Civil Procedure Law, the number of cases applied for retrial accepted by various higher people's courts and Supreme People's Court grow dramatically. From April to October, Supreme People's Court accepts 142 cases applied for retrial, 1.5-fold of the total number of 2007.
"The great increase of IP cases indicates that the state and people from all walks of life are attaching great importance to IP case trials," said Xi Xiaoming, Vice President of Supreme People's Court at the Working Symposium on IP Trial of Courts Nationwide held in Chongqing recently. The further expansion of the scope for judicial trial is also an important factor promoting the growth.
By issuing the Rules on Cause of Action of Civil Cases and other judicial documents, Supreme People's Court further clarifies, standardizes and expands the scope of IP case by clearly bringing civil cases such as provisional measures before litigation, chartered operation, special indication, internet domain, enterprise name, IP agency and monopoly into the scope of IP trial, which should be tried by IP tribunal. The measures further standardize the trial work of IP cases and more scientifically distribute works inside the people's courts.
In addition, IP trial system is further improved. In this year, Supreme People's Court clarifies a series of legal application norms in judicial areas of trying the civil cases related to registered trademark, enterprise name and prior right dispute, the relations between norms and patents, patent claim interpretation and trademark confirmation and authorization through judicial interpretations, judicial policies and typical cases. On February 18, Supreme People's Court issues the Regulations of the Supreme People's Court on Several Problems Concerning the Trial of Civil Dispute Cases of Registered Trademark, Enterprise Name and Prior Right Dispute, supplying clear principles and norms for trying dispute cases of the types, standardizing market competition and promoting fair competition.