Insights & News

Intellectual Property Court of SPC Established for Two Years Concluded More Than 4,000 Cases

2021-01-06

The Intellectual Property Court of the Supreme People's Court held a public Open Day on December 24, invited representatives of the National People's Congress, experts, scholars, and media representatives to enter the Intellectual Property Court. The Supreme People’s Court Intellectual Property Court was inaugurated in Beijing on January 1, 2019. In the past two years since its establishment, it has accepted 5,104 cases and concluded 4,124 cases. A total of 111 meetings of professional judges were held, and 418 specific rules for the application of laws were formed.

The Intellectual Property Tribunal of the Supreme People's Court is a permanent adjudication institution dispatched by the Supreme People's Court, which uniformly hears civil and administrative appeals cases involving patents and monopolies nationwide.

According to report, in order to further unify the judgment standards and improve the quality and efficiency of the trial, the Supreme Intellectual Property Court has established a "national court technical investigation talent pool" and a "national sharing mechanism", including more than 360 technical investigators, covering more than 30 technologies in the field. The technical investigators are dispatched to support the trial work of the Local Courts, which effectively alleviates the difficulty in finding technical facts.

As the trial of IP-related cases is more difficult, the personal qualities of judges are higher. According to Zhu Li, member of the sub-party group of the Intellectual Property Court and deputy chief of the division, the division currently has 38 judges and 44 judge assistants. All judges have master's degree or above, of which 42% are PhDs, 37% have science and engineering backgrounds, and 21% have overseas study experience.

In the two years since the Court was established, it has tried and publicly announced a number of benchmark cases, covering medicine, communications, animal genes, network cables, large machinery, intelligent input methods, computer software, and many other technical fields with high technological content and rapid innovation. At the same time, the Court has strengthened the trial of cases involving the prevention and control of the COVID-19 epidemic, accelerated the drafting of judicial interpretations such as anti-monopoly and new plant varieties, strengthened investigations on pharmaceutical patent’s links, patent infringement damages’ compensation, and protection of intellectual property rights in traditional Chinese medicine, and to promote the innovative technology is authorized in time and effectively protected.

In addition, the Supreme Law Intellectual Property Tribunal also actively participates in international cooperation and competition in the field of intellectual property, promotes the extraterritorial application of China's intellectual property laws and regulations, and improves cross-border judicial collaboration arrangements.

Source: chinaipmagazine.com

Recommended News