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The Intellectual Property Court of the Supreme People's Court accepted 5,121 cases in two years, with a settlement rate of 82% (February 2021)


On February 26, 2021, the Supreme People's Court informed the work of the Intellectual Property Court of the Supreme People's Court (hereinafter referred to as the Court) on the second anniversary of its establishment at a press conference,  and released 10 typical cases of technological intellectual property in 2020.

According to the introduction, after the establishment of the court, standards of adjudication were effectively unified. The unified hearing of technical intellectual property appeals by the court addressed inconsistencies in adjudication standards among the 32 local high court of second instance.  The quality and efficiency of trials has improved significantly, with a total of 5,121 cases accepted and 4,220 cases concluded in two years, representing a settlement rate of 82%.  Among them, 2,787 cases were concluded in 2020, growing by 1,354 cases compared to 2019, with a year-over-year increase of nearly 95%.

The 10 typical cases released include 5 patent cases, 2 technology secret cases and 1 case of computer software, integrated circuit layout design and anti-monopoly respectively. The 10 typical cases include both civil and administrative cases, as well as cases where civil and administrative procedures intersect. Among them, the "Cabo" technical secret punitive compensation case is the first punitive compensation case made by the Supreme People's Court. The judgment of the case fully considered the subjective malice of the infringement sued, the act of proof obstruction and the duration of the infringement sued, the scale of the infringement among other factors. It applied punitive damages and finally determined the statutory punitive damages, with a maximum of a 5-time multiplier.

 

Adapted from People's Daily website