The Supreme People’s Court of China has been working to encourage and protect scientific and technological innovation through judicial protection of intellectual property rights. At a press conference held at the State Council Information Office, the relevant person in charge of the Supreme Law shared updates on the appeal hearing mechanism for intellectual property cases and the progress made in the judicial protection of intellectual property rights.
The Intellectual Property Court of the Supreme People’s Court was inaugurated and put into operation on January 1, 2019. Since then, the court has accepted a total of 18,924 cases, including 18,721 technology intellectual property cases and 203 monopoly cases. In the past five years, the court has concluded a total of 15,710 cases, with an average annual growth rate of new cases at 27% and an average annual growth rate of concluded cases at 33.6%.
The court has been increasing infringement compensation and implementing the punitive damages system in cases of intellectual property rights violations. In one case, the rights holder was compensated 658 million yuan, setting a new record for domestic intellectual property rights protection. Additionally, there has been an increase in the number of cases with high compensation awards, showing the court’s commitment to protecting intellectual property rights.
The court has also been focusing on regulating monopolistic behavior and strengthening the protection of technical secrets. In the past five years, the court concluded 146 monopoly cases and found monopoly in many cases. Furthermore, the court accepted 437 cases of infringement of technical secrets and concluded 304 cases.
In addition to addressing domestic cases, the Intellectual Property Court of the Supreme People’s Court has also handled foreign-related cases, with 1,678 cases involving foreign parties accepted and 1,198 cases concluded. The court’s judgments have had an important impact at home and abroad, leading to a 28.6% annual increase in new foreign-related cases.
As the court continues to handle a growing number of cutting-edge technologies and new types of disputes, it aims to adhere to the trial concepts of strict protection, proactive justice, and overall coordination. The court is also working to improve the trial system and mechanism, as well as speed up the formulation of special procedural laws for intellectual property litigation.
The court has also taken steps to address the challenges of providing evidence and the long cycle of intellectual property rights protection. By making use of legal systems such as the transfer of the burden of proof and obstruction of proof, the court has effectively reduced the difficulty of proof for right holders. Additionally, the court has optimized the connection between the first and second instance procedures of cases and used technology to empower trials, with 9,565 cases heard online in the past five years.
Overall, the Supreme People’s Court is actively working to improve the appeal hearing mechanism for intellectual property cases at the national level and further improve the professional intellectual property trial system with Chinese characteristics. Through these efforts, the court is demonstrating its commitment to supporting and protecting scientific and technological innovation.