The IP Court of the Supreme People's Court released its 2020 annual report at a recent press conference. According to the report, in 2020, the Court received a total of 3,176 technical IP cases and concluded 2,787 cases (including 512 cases from 2019). Compared with the same period in 2019, the number of cases received increased by 1,231, a year-on-year increase of 63%; the number of cases concluded increased by 1,354, a year-on-year increase of nearly 95%. In 2020, each judge concluded, on average, 82.5 cases, an increase of 110% over the same period last year. The average trial period for civil cases was 121.5 days, and that for administrative cases, 130.7 days.
Of the technical IP cases received in 2020, 1,948 were civil appeal cases, made up as follows: 435 were invention patent infringement cases, 754 were utility model infringement cases, 163 dealt with patent application and ownership rights, 360 involved computer software disputes, 67 technical contract disputes, 44 technical secret disputes, 40 new plant variety right disputes, 30 monopoly disputes, 5 integrated circuit layout design disputes and 50 other types of dispute.
Of the 2787 cases concluded in 2020, 1667 affirmed the original judgment (60%); 539 were withdrawn and 158 concluded by mediation (25%), 405 cases were concluded by remand for retrial or change of judgment (15%); and 18 cases were concluded by other means.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
