The Supreme Court of the People’s Republic of China has Issued Judicial Interpretation to Strengthen Patent Protection
January 31, 2010
The Supreme Court of the People’s Republic of China has issued the Interpretation of Issues in the Application of the Law in Patent Infringement Disputes Trials.
The judicial interpretation covered major law applicable issues occurred in current patent infringement trials, including the clear definition of the protection on patent right of invention and utility models and judging rules on infringement, judging rules on industrial design patent infringement, the counterplea on current technology and the application of the right of prior use deraignment, the acceptance of the lawsuit of the identification of non-infringement.
This law follows such guidance: First, giving interpretations according to the law. Based on the main function of judicial interpretation, it will strictly follow the patent law, law of civil procedure and other laws to give interpretation. Second, balance of interests. On one hand, meeting the need of national strategy, we need to protect the fruit and interests of innovation, urge enterprises to enhance their capacity for independent innovation, and push forward technological innovation and economic development. On the other hand, we will give a more precise interpretation for the patent claims; clearly set the range of protection and fully respect the publication and identifying function of patent claims. We will prevent the irrational expansion the patent protection which would surpass innovation and affect public interests. Third, principles of pertinency and maneuverability. We will closely focus on the application of fundamental and universal laws in the patent judicial practices. We will review and draw lessons from years’ judicial experience. The interpretation will provide practical and standard reference for trials when making judgments.
Dec. 28, 2009
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IP Infringement Case Statistics in China
June 15, 2009
Mean damages awarded for all types of IP infringement cases:
2006: RMB 161,004
2007: RMB 110,468
2008: RMB 94,690
Mean length of trial for all types of IP infringement cases:
2006: 210.7 days
2007: 213.5 days
2008: 212.9 days
Mean plaintiff win + partial win rate for all types of IP infringement cases:
2006: 85.1%
2007: 85.9%
2008: 84.9%
Mean damages awarded for cases by type (2006-2008)
Patent infringement cases: RMB 89,733
Trademark infringement cases: RMB 179,084U
Unfair competition infringement cases: RMB 162,489
Source:Â Â http://www.ciela.cn
Tags: Patent, trial, TrademarkRelated Posts:
