China’s SPC issued semi-annual statistics on intellectual property judicial trials in 2023
The Supreme People’s Court of China (SPC) published semi-annual statistics on the judicial trials carried out by courts at all levels in 2023 on its website on August 7, 2023. This article examines notable intellectual property cases.
Civil IP cases involving technology
In the first half of 2023, a total of 12,000 technology-related IP civil cases were newly docketed at the first instance across the country, representing a 33.4% year-on-year increase. Among these cases, 9,916 cases were resolved, an increase of 18.4% year over year.
Cases involving technology-related intellectual property are commonly referred to as:
- ownership and infringement disputes involving:
- invention patents;
- utility model patents;
- plant varieties;
- integrated circuit layout designs;
- technology secrets; and
- computer software; or
- disputes involving monopoly.
In general, technology-related IP cases reflect a country’s degree of involvement in research, technology, and the economy. The expanding court docket in this regard might be seen positively.
Mediation
At the first instance level, the number of IP civil cases concluded through mediation reached 23,000.
The Chinese judiciary has been encouraging the use of alternative dispute settlement techniques, notably mediation. According to the SPC’s Intellectual Property Protection by Chinese Courts in 2022, a total of 44,155 first-instance IP civil cases were handled through mediation nationally last year, with a settlement rate of 9.64%. To speed the dispute settlement process, courts are increasingly prioritizing pre-suit mediation.
Punitive measures
In 139 cases, punitive damages were awarded. The maximum punitive damages granted were 20 million yuan, which might serve as an effective prevention of infringement and illegal conduct.
Courts are becoming more confident in imposing hefty damages against infringers. With the trickle-down impact, brand owners might face record-breaking losses.
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