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24 Wash. Int'l L.J. 189 (2015)
Supreme People's Court Annual Report on Intellectual Property Cases (2013) (China)

handle is hein.journals/pacrimlp24 and id is 197 raw text is: 



Compilation 0 2015 Washington International Low Journal Association


    SUPREME PEOPLE'S COURT ANNUAL REPORT ON
    INTELLECTUAL PROPERTY CASES (2013) (CHINA)


    Translated  by Tong  Li, Xiaohan   Lou, Zhenan   Wang,  Qiuwen   Xu

          Abstrac: The Supreme People's Court of China began publishing its Annual Report
       on Intellectual Property Cases in 2008. The annual reports, published in April of each
       year, summarize and review new intellectual property cases. This translation includes all
       30 cases and 39 legal issues of the 2013 Annual Report. It addresses patent law,
       trademark law, copyright law, unfair competition, contractual intellectual property rights,
       liability of intellectual property infringement, and intellectual property litigation
       procedure and evidence. While China is not a common law country, these cases and
       guidelines provide lower courts with meaningful insight and direction.t


1. INTRODUCTION

   In  2013,  the  Supreme   People's  Court  of  China  accepted   594  new
intellectual property (IP) cases and issued 548 decisions. In comparison, in
2012,  the Court  accepted  359  IP  cases and  issued  366  decisions.  The
characteristics and trends that this report reflects include:

   (1)    The  growth  in 1P cases resulted in an increase of 65.46%   in the
          accepted  number   of  cases  by the  Supreme   People's  Court  of
          China.
   (2)    The  increasing net worth and  market value  of patent technologies
          resulted in more complex  cases.
   (3)    There  has been  an overall increase in administrative patent cases,
          and   more specifically the proportion of pharmaceutical,
          electronics, and communication   cases has grown.
   (4)    A   large  number   of  patent  cases  involved   issues of  claim
          interpretation.
   (5)    The  proportion of trademark  cases has  remained  stable, but there
          has  been  an  increase  in  the number   of  cases  involving  the
          preemption  of trademark  registration.
   (6)    There  has been  a rapid increase in the number of cases involving
          disputes over the infringement of rights of new plant varieties.
   (7)    The  number  of copyright cases involving emerging   fields, such as
          software,  animation,  and  applied  arts in cultural and  creative
          industries, continues  to increase, and  many  of  these cases  are
          correlated with one another.