The Beijing Intellectual Property Court, established in November 2014, not only has jurisdiction over civil and administrative cases of intellectual property rights in Beijing, but also has exclusive jurisdiction over administrative cases of granting and confirmation of intellectual property rights throughout the country. On November 10, 2019, Chen Jinchuan, Vice President of the Beijing Intellectual Property Court, introduced the foreign-related intellectual property cases handled by the Beijing Intellectual Property Court.
From the perspective of the number and trend of cases accepted and closed, during the 4.5 years from its establishment in November 2014 to the first half of 2019, the Beijing Intellectual Property Court accepted a total of 13,736 foreign-related (excluding Hong Kong, Macao and Taiwan) intellectual property cases, accounting for 21.1% of the total number of cases received. During the same period, a total of 10,755 foreign-related cases were concluded, accounting for 20.7% of the total number of cases closed. From the perspective of the annual data, the number of related cases accepted and closed shows an overall increasing trend year by year, with the number of cases accepted increasing by an average of 8.4% and the number of cases closed increasing by an average of 40.4%.
From the perspective of case types, 13,164 foreign-related intellectual property administrative cases were received, accounting for 95.8% of the total. Among the administrative cases, 91.8% are trademark cases and the remaining 8.2% are patent cases. A total of 572 civil cases of foreign-related intellectual property rights are received, nearly half of which were patent cases, and the rest are mainly cases on trademark, copyrights, unfair competition, etc.
From the perspective of the industry, 1,122 cases involving the world's top 500 enterprises, accounting for 10.4% of all foreign-related cases concluded. The number of cases involving vehicles and parts thereof ranks first, followed by computer, office equipment, petroleum refining and other industries.
From the perspective of geographical distribution, 90 countries and regions (excluding Hong Kong, Macao and Taiwan) are involved in the cases concluded. Among them, U.S.-related cases account for the largest proportion at 33.2%; Germany-related cases at 10.3%; and Japan-related cases at 8.8%. From the perspective of the world's major economies and economic organizations, 77.7% of the cases closed related to G20 countries; and 39.3% related to EU countries.
From the perspective of the parties concerned, in the administrative cases of foreign-related intellectual property rights, the cases where only the plaintiff is foreign-related (i.e. the foreign party sues China's intellectual property administrative authorities) account for 72.1%; the cases where only the third party is foreign-related (i.e. the foreign party participates in the lawsuit brought by the domestic subject against China's intellectual property administrative authorities as an administrative counterpart) account for 24.7%; and the cases where both the plaintiff and the third party are foreign-related (i.e. foreign party sues China's intellectual property administrative authorities on matters between foreign parties) account for 3.2%. Of the civil cases of foreign-related intellectual property rights, the cases where only the plaintiff is foreign-related (i.e. the foreign party sues the Chinese subject) account for 76.6%; the cases where only the defendant is foreign-related (i.e. the Chinese party sues the foreign party) account for 19.0%; the cases where both the plaintiff and the defendant being foreign-related account for 4.4%.
From the perspective of the judgment results, the majority of foreign-related intellectual property cases were closed by judgment, accounting for 88.1%. In administrative cases, 90.7% were closed by judgment and 9.3% by adjudication; in civil cases, 31.3% were closed by judgment, 46.8% were withdrawn, and 21.9% were closed by other ways. In foreign-related administrative cases, the success rate of foreign parties is 49% (excluding the cases where both the plaintiff and the third party are foreign-related); In civil cases, the success rate of foreign parties is 68% (excluding the cases where both the plaintiff and the defendant are foreign-related).
From the perspective of the results of judicial review of administrative rulings, in foreign-related intellectual property administrative cases, 31.8% of the administrative acts of the national trademark administrative authority were revoked, and 13.8% of the administrative acts of the national patent administrative authority were revoked.
From the perspective of the amount of compensation, in foreign-related civil cases, the average amount of compensation claimed by the parties is about 2.77 million yuan, the average amount of compensation supported by legal judgment is about 1.36 million yuan, with an approval rate of 49.1% for the amount of compensation claimed by the litigation. The average amount of claims in foreign-related technical cases is about 2.38 million yuan, and the average amount of compensation supported by the judgment is about 2.08 million yuan, with an approval rate of 87.4%. In terms of annual statistics, the average amount of compensation awarded shows an overall upward trend, notwithstanding annual fluctuations: about 770,000 yuan in 2015, about 1.03 million yuan in 2016, about 520,000 yuan in 2017, about 1.98 million yuan in 2018 and about 2.86 million yuan in the first half of 2019.
Source:http://ip.people.com.cn/n1/2019/1017/c179663-31405893.html
Additional source for the November 10 presentation: https://ipr.mofcom.gov.cn/article/gnxw/sfjg/rmfy/dffy/201911/1943983.html