Recently, the 31st Session of the Standing Committee of the 13th National People's Congress was held. At the meeting, Zhou Qiang, President of the Supreme People's Court, made a report on the intellectual property trial work of the people's court. The NPC Supervisory and Judicial Committee also submitted an investigation report on intellectual property trial, showing the effect of courts around the country protecting "innovation" by innovative means.

The above report shows that as China moves towards becoming a powerful intellectual property country, intellectual property protection pays more attention to comprehensive protection, strict protection and judicial protection. At present, intellectual property cases show the following characteristics: 1. The number of cases is rising rapidly. The number of first instance cases of all kinds of intellectual property accepted by the courts nationwide increased from 101,000 in 2013 to 467,000 in 2020, with an average annual growth of 24.5%, 12.8 percentage points higher than the average annual growth of the total number of cases accepted by the courts nationwide, reflecting the significant increase in the demand for intellectual property protection by high-quality economic and social development. 2. A large number of new disputes have emerged. New cases involving Internet core technology, gene technology, information telecommunication, integrated circuit, artificial intelligence, platform economy and other aspects are increasing. It is more difficult to identify complex technology facts and apply laws. The rights boundary and liability identification of intellectual property protection in new fields and new business formats pose new challenges to judicial adjudication. 3. Internet infringement is prone to occur frequently. 4. The balance of interests is becoming increasingly complicated.

From 2013 to June 2021, courts across the country accepted 2,181,000 first instance cases of various intellectual property rights and concluded 2.06 million cases. Among them, 143,000 patent cases, 1,316,000 copyright cases, 437,000 trademark cases and 18,000 technology contract cases were concluded. 19 IP judicial interpretations and 11 judicial policy documents were formulated, 30 guiding cases were issued, and 12 tasks related to IP reform deployed by the CPC Central Committee and proposed by the Supreme People's Court were completed.

In addition, the courts encourage the parties to submit the market value evaluation report of intellectual property rights, reasonably determine the amount of damages, and support the request for punitive damages according to law. The average amount of compensation awarded is significantly higher than before. Taking Beijing as an example, the amount of compensation for trademark cases increased from 118,000 RMB in 2015 to 418,000 RMB in 2019, for patent cases increased from 428,000 RMB to 619,000 RMB, copyright cases increased from 25,000 RMB to 39,000 RMB, and unfair competition cases increased from 435,000 RMB to 847,000 RMB.


                                                                          (Adapted from website of the National People's Congress and news of the People's Court)


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