Since the 18th National Congress of the Communist Party of China (CPC), the Central Committee of the CPC with President Xi Jinping as the core leader has actively implemented an innovation-driven development strategy, attached immense importance to intellectual property rights protection, and made major strategic decisions and arrangements for the establishment of the Intellectual Property Court of the Supreme People’s Court (hereinafter referred to as “the IP Court”) to build China into an IP power and a science and technology power in the world. On January 1st, 2019, the IP Court was officially unveiled and became the first specialized IP court at the highest court level worldwide. The IP Court exercises final instance judicial function by hearing appeals on patents, monopoly and other technology-related IP cases from across China. It also undertakes the responsibilities and mission to further unify judicial standards for technology-related IP cases, improve the quality and efficiency of trials, enhance judicial trustworthiness and international influence, and provide judicial guarantees for strengthening innovation-driven development strategies and the implementation of national intellectual property strategies.
Since its establishment, guided by the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the IP Court has comprehensively implemented the decisions formulated at the 19th National Congress of the CPC, and the second, third and fourth plenary sessions of the 19th Central Committee of the CPC, enhanced the “Four Consciousnesses”, fostered “Four Matters of Confidence”, and ensured “Two upholds”. Focusing on the duties and missions entrusted by the Party Central Committee, the IP Court actively seeks a holistic approach at the highest judicial level to both the domestic and international situations, focusing on the “high starting point, high caliber, high level, and international standards” and adhering to the court motto of “Innovation, Perseverance, Prudence, and Preeminence,” and continues to deepen reforms in the field of technology-based intellectual property trials and gives full play to the function of technology-related intellectual property trials to stimulate and protect innovation and to promote scientific and technological progress and social development, so as to safeguard and serve the overall national economic and social development, to contribute Chinese experience and wisdom in the formulation of international intellectual property protection practice and rules, and to strive to promote open, inclusive, balanced, and effective development of international intellectual property rules and governance systems.
Ⅰ. Focus on the function of trial to strengthen typical exemplary effect of model cases and further unify the standards for adjudicating technology-related IP cases
Unifying the standards for adjudicating patent and other technology-related IP cases is the primary goal of the IP Court. In 2019, the IP Court focused on the function of trial and concluded a number of closely technology-related IP cases justly and efficiently in accordance with the law. A number of model judgments that have typical exemplary effect were made, and the “systematization project to unify judicial standards” has been implemented, further promoting the unification of judicial standards for technology-related IP cases.
1. Focus on the function of trial to try cases fairly
In 2019, the IP Court accepted a total of 1,945 technology-related IP cases and concluded 1,433 cases, with a closing rate of 73.7%. Among the newly accepted cases, 962 were civil substantive cases of second instance, of which 586 were concluded; 241 were administrative cases of second instance, of which 142 were concluded; 481 were challenge to jurisdiction cases of second instance, of which 446 were concluded; and 261 were other types of cases, of which 259 were concluded.
(1) Statistical analysis of the cases
① Statistical analysis of the source of cases
In 2019，the IP Court accepted a total of 1,684 various types cases of second instance. Among them, 1,678 were appealed against judgments made by Intermediate People’s Courts in the first instance, accounting for 99.6%; and 6 were appealed against judgments made by High People’s Courts in the first instance, accounting for 0.4%.
