Information from China’s Supreme Court’s IP Division in 2021
In 2021, the IP division received 4,335 new technical intellectual property and monopoly cases and resolved 3,460 of them, resulting in a 79.8% settled ratio.
Compared to 2020, the growth rate in 2021 is higher, particularly:
- Received 4,335 36.4%
- Concluded 3,460 24.1%
- Concluding Rate: 79.8%
Average trial period for every case and settled cases per judge
Judges concluded 83.5 cases per capita in 2021, up 1.2 percent from the year before. For all sorts of cases, the average trial period was 134 days. Civil 2nd instance trials take an average of 129.4 days, while Administrative trials take an average of 143.6 days.
There were 576 disputes over patent infringement, 806 disputes over utility model infringement, 213 disputes over patent ownership, 68 disputes over new plant varieties, 2 disputes over layout designs for integrated circuits, 79 disputes over trade secrets, 593 disputes over computer software, 153 disputes over technology-based intellectual property contracts, and 25 disputes over trade secrets and 54 other types of disputes among the 2,569 new civil second instance cases.
There are 457 disputes about the denial of invention patent applications, 36 cases involving the rejection of utility model patent applications, three cases involving the rejection of design patent applications, 283 cases involving the invalidation of invention patent rights, 234 cases involving the invalidation of utility model patent rights, 102 cases involving the invalidation of design patent rights, one case involving the rejection of a new plant variety application, and two cases involving the invalidation of monopoly administrative disputes. and Administrative cases, such as administrative sanctions and administrative judgments, account for 172 of the cases among the 1,290 new administrative second-instance substantive cases.
There was a sharp rise in all sorts of administrative conflicts compared to the previous year, with the refusal of reexamination of patent applications for inventions and disapproval of patent rights for inventions having the biggest rise in the number of disputes.
Information on the results of decisions
1,004 of the 2,023 civil second instance substantive cases were settled by upholding the original decision, with a preservation rate of 49.6%; 381 cases were resolved by remanding or retrial, with a remanding rate of 18.8%. In civil proceedings, the remand rate was 4.8 percent.
There were 2,023 civil 2nd Instance cases that were settled, particularly:
- Upheld 1,004, 49.6%
- Remand/Retrial 381, 18.8%
- Remand rate 4.8%
862 cases were maintained out of 971 administrative cases of the second instance, reflecting a maintaining rate of 88.8%; 64 cases were ordered for retrial or remand, representing a remand rate of 6.6 percent.
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