Supreme People’s Court of China Publishes “Intellectual Property Protection by Chinese Courts in 2011” 

 
On 18 April 2012, the Supreme People’s Court of China (SPC) published the “Intellectual Property Protection by Chinese Courts in 2011”. The report gives an overall review and summary of the adjudication of intellectual property cases by the Chinese people’s courts in year 2011.
 
According to said report, the landscape of IP cases in China exhibited the following characteristics in 2011:
  • New filings of civil and criminal cases increased considerably, while administrative cases involving foreign parties also saw significant increase;
  • The number of major complex and difficult cases has increased, where cases involving foreign parties were proportionally higher;
  • The number of patent cases continued to rise, with notable increase in the number of cases involving high tech inventions, economic interest involved in the patent cases escalating, and more Chinese companies suing foreign companies or foreign-invested companies;
  • Disputes involving commercial marks continued to rise;
  • The number of copyright cases increased significantly and continually, with the Internet being the most prominent battlefield.

The following table captures some important figures from the report that help depict the profile of IP cases in China in 2011: 

Proceeding
Type of IP Cases
Cases
Newly Accepted
Year-on-year Growth
Cases
Concluded
Year-on-year Growth
First instance
civil cases
Patent cases
7819
35.16%
-
-
Trademark cases
12991
53.56%
-
-
Copyright cases
35185
42.34%
-
-
Technology contract cases
557
-16.87%
-
-
Competition cases
1137
0.53%
-
-
Others
2193
11.55%
-
-
Total
59882
40.14%
58201
39.51%
Second instance civil cases
Total
7642
17.17%
7659
18.18%
Civil reopened cases
Total
294
164.86%
224
105.50%
IP-related civil cases adjudicated by SPC
305
-
311
-
First instance administrative cases
Patent cases
654
18.69%
-
-
Trademark cases
1767
-12.78%
-
-
Copyright cases
2
0.00%
-
-
Others
10
-
-
-
Total
2433
-6.06%
2470
3.30%
Second instance administrative cases
Total
1333
-
1266
-
IP-related administrative cases
adjudicated by SPC
102
-
101
-
 IP-related administrative cases
 reviewed by SPC
13
-
11
-
First instance criminal cases
IP infringement
3134
142.19%
2967
24.53%
Production and sale of sub-standard products
774
29.87%
750
-
Illegal business operations
1747
-15.93%
1735
-
Others
52
-
52
-
Total
5707
42.96%
5504
7.70%
Pre-trial provisional measures
Preliminary injunction
130
98.23% (approval rate)
Pre-trial preservation
 of evidence
186
93.42% (approval rate)
Pre-trial preservation
of property
20
100% (approval rate)