The Supreme Court issues the annual report of the Intellectual Property Court (2022)

2023-03-31

On the 30th, the Supreme People's Court issued the annual report of the Intellectual Property Court (2022). According to the report, in 2022, the court accepted a total of 6183 cases of technology related intellectual property and monopoly appeals, an increase of 18% compared to 2021. In 2022, the Supreme Court's intellectual property court has four characteristics: continuous growth in cases of infringement, a decline in administrative cases, a large proportion of cases involving strategic emerging industries, and a strengthened role of trial level functions. In 2022, 1338 new cases involving strategic emerging industries were received, accounting for 30.4% of all new cases, an increase of 3.5 percentage points compared to 2021. Among them, there has been a significant increase in cases involving new industries and new fields such as new generation information technology, biomedicine, high-end equipment manufacturing, standard essential patents, pharmaceutical patent links, integrated circuit layout design, and new plant varieties. The report points out that the Supreme Court of Intellectual Property Rights has effectively strengthened the legal protection of intellectual property rights and fair competition. In terms of effectively ensuring high-level technological innovation, the Supreme Court of Intellectual Property Rights has properly handled cases involving high-tech and digital industries such as seed industry, medicine, chips, and communications, increased protection efforts, and effectively stimulated high-level technological innovation. It is understood that in recent years, with the deepening implementation of the seed industry revitalization action, the number of disputes involving the right to new plant varieties has continued to grow, and has shown a significant increase in disputes over the right to economic and ornamental crop varieties, a variety of litigation rights protection paths for variety owners, complex types of infringement subjects, increased difficulty in balancing interests, and new changes in the subject of responsibility and the concealment of infringement behaviors. The report shows that technology protection in the field of chips and communications should be increased. In recent years, intellectual property disputes involving integrated circuits (chips) and communication technologies have been increasing. The court has closely followed the development trend of the industry, effectively increasing the protection of rights, and effectively stimulating the innovative development of the industry. At the same time, it actively serves the development of the digital economy. The Supreme Court of Intellectual Property Rights upholds the governance philosophy of standardizing in development and developing in standardization, properly adjudicates disputes involving data transactions and data markets, and actively serves the high-quality development of the digital economy. In terms of maintaining fair competition in the market, the Intellectual Property Court of the Supreme Court of Justice has thoroughly implemented the newly revised anti monopoly law and anti unfair competition law, comprehensively strengthened the anti monopoly trial work, continuously increased the judicial protection of technical secrets, and effectively maintained the fair competition order in the market. A total of 83 monopoly cases were accepted throughout the year, of which 47 were newly received and 57 were concluded. Many cases have typical significance and have significant social impact. The report shows that foreign-related cases accounted for 9% of the new cases received by the court throughout the year, and the number of cases in which the parties are all foreign subjects continues to increase, accounting for about 4% of all foreign-related cases in the court. China is increasingly becoming one of the preferred destinations for international intellectual property litigation. By adjudicating foreign-related cases impartially according to law, effectively fulfilling international treaty obligations, equally protecting the legitimate rights and interests of Chinese and foreign obligees according to law, and striving to create a first-class business environment. (Liao Xinshe)

Edit:Ying Ying    Responsible editor:Shen Chen

Source:People.cn

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