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Apr 22,2020
Express n° 10 News: IP | Intellectual Property Court of the Supreme People’s Court Released Annual Report and Gist of Judgment (2019)
On
April 16, 2020, the Intellectual
Property Court of the Supreme People’s Court (“the IP Court”) released its
first annual report (2019). The
IP Court was officially established in January 1st, 2019 and became
the specialized IP court at the highest level in China. It deals with appeals
on patent infringement and prosecution, anti-monopoly and other
technology-related IP cases from lower courts across China.
According
to the report, the IP Court accepted a total of 1,945 technology-related IP
cases and concluded 1,433 in 2019. Chart 1 shows the types of cases.
Further
analysis shows that the IP Court concluded a total of 1,174 cases of second
instance, among which 731 were affirming the decisions made by the lower courts,
280 were dismissed upon withdraw, 71 were settled, and only 92 were overruled.
Chart 2 shows the results of concluded cases.
The
average timing for substantive cases of second instance was 73 days, and 29.4
days for cases on procedural challenge of jurisdiction.
Contributed by: Weifeng Sun