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IP Court Devoted to Judicial Protection of Innovation

Release time:2021-01-27 14:46:32

The Intellectual Property Court of the Supreme People's Court (SPC) has been devoted to judicial protection of innovation since its establishment on Jan 1, 2019.

By the end of December 2020, the Court had accepted a total of 5,108 cases, and concluded 4,207 of them.

Among them, 2,906 were civil cases of second instance and 910 were administrative cases of second instance, with 2,325 and 636 concluded respectively.

Unify adjudication criteria

The Court is envisaged to achieve such objectives as unifying adjudication criteria of technology-related intellectual property cases, improving trial quality and efficiency, promoting judicial credibility and providing judicial protection to innovation-driven development.

The Court is a standing judicial organ of the SPC, primarily hears technology-related appeals nationwide on patents and other intellectual property rights, according to Zhu Li, Deputy Chief Judge of the Court.

In the past two years, the Court has established a series of adjudication rules on law application and built a technical investigation talent pool which includes more than 451 technical investigators in over 30 technical fields. Their participation in case hearings offered great help in technical facts investigation.

The Zhi-Ji Adjudication Rules Database as developed by the Court was launched in April 2020. It is China's first database specialized in collection, summarization and promulgation of adjudication rules in connection with technology-related IP cases. The database is expected to provide a strong guarantee in unifying adjudication criteria of technology-related IP cases as well as improving quality and efficiency of case hearings.

Promote effective protection of innovative technology

The Court has handled typical cases in the fields of high-tech innovation such as medicine, telecommunication, animal genes, network cabling, large machinery, smart input methods and computer software, etc.

It has played an important role in creating a fair and innovative business environment. For example, it strengthened IP protection of new plant varieties and traditional Chinese medicine (TCM), and enriched IP adjudication rules related to the new economy and new business models.

In addition, the Court enhanced the trials on cases related to Covid-19, proceeded on drafting of judicial interpretations on anti-monopoly and new plant variety, and strengthened surveying of pharmaceutical patent linkage, patent infringement compensation, TCM protection, etc., which boosted innovative technologies through timely and effective protection.

In the last two years, the Court actively participated in international IP protection, to improve international cooperation.

The Court totally accepted 534 technology-related IP cases involving foreign elements.

The Court will continue to improve judicial protection of intellectual property and provide effective judicial support to innovation-driven development and construction of a world-leading business environment.

Responsible editor:IPC