New Development of Judicial Protection of
Intellectual Property in China
Intellectual Property Tribunal, the Supreme
People Court, PRC
Jin Kesheng
1.Implement Constitutional and legal obligations,
and see new development of trial of intellectual
property proceedings
• Cases of intellectual Property proceedings are
increasing rapidly and continuously.
• National local courts newly received and completed
42,931 and 41,718 civil pleas of first instance
concerning intellectual property in 2010, increased by
40.18% and 36.74% over the last year respectively.
• National local courts received 5,785 cases concerning
patent disputes, increased 30.82% than the last year.
1.Implement Constitutional and legal obligations,
and see new development of trial of intellectual
property proceedings
• National courts received and completed 6,522 and
6,481 civil pleas of second instance concerning
intellectual property in 2010, increased by 22.13%
and 18.01% than the last year respectively.
• The Supreme People’s Courts received and
completed 313 and 317 civil pleas concerning
intellectual property in 2010, thereinto 198 newly
received petitions of retrial and 206 completed.
1.Implement Constitutional and legal obligations,
and see new development of trial of intellectual
property proceedings
• National local courts newly received and completed 2,590
and 2,391 administrative cases of first instance concerning
intellectual property in 2010, increased by 25% and 21.31%
over the last year respectively.
• National local courts newly received 551 cases concerning
patent disputes, decreased by 17.51% over the last year, and
2,026 cases concerning trade mark disputes, increased by
47.23% over the last year.
• The Supreme People’s Court newly received and completely
60 and 56 administrative cases concerning intellectual
property in 2010.
1.Implement Constitutional and legal obligations,
and see new development of trial of intellectual
property proceedings
• As a whole, cases concerning intellectual
property show a series of features which are mainly
as follows: the amount of cases, new types of cases,
momentous and complicated cases, cases concerning
foreign affairs and difficulty of case trial are
increasing continuously, and the extent of social
concerns is upgrading continuously.
2．Actively serve the overall interests of economic and social
development, and thoroughly implement national strategy of
intellectual property
• The Supreme People’s Court issued “Opinions on several
problems concerning implementing and applying national
strategy of intellectual property” on Mar 23, 2009.
• The Supreme People’s Court issued a notice on Apr. 9, 2009
that national courts organized an annual thematic movement of
“improving independently innovative judicial environment” in
trial of intellectual property cases.
• The Supreme People’s Court issued “several opinions on
providing judicial safeguard and service for accelerating the
transformation of economical development mode”.
3. Standardize the criteria to applying laws concerning
intellectual property, and strengthen trial inspection and
business guide continuously
• Choice and announcement of “Top 10 cases and 50 typical
cases of judicial protection concerning intellectual property of
national courts”.
• The Supreme People’s Court set up the system of “The
Supreme People’s Court Annual Report of Cases Concerning
Intellectual Property” in 2008.
• The Supreme People’s Court set up the system of “white
paper of intellectual property protection” in 2010. The Supreme
People’s Court issued the white paper of “Judicial Protection of
Intellectual Property by Chinese Courts” in Chinese and
English version in April of 2010 and 2011.
Thank You ！
September,2011