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The chief justice jiang:2005 accepted 16583 ip civil cases and concerning foreig

Time:2015-01-21   Click:

On the left one took in john marshall law school. on the right one took outside of the meeting room in beverly hill hotel in los angeles. the biger one took in the meeting room in bevery hill hotel.

 

 

 

The chief justice jiang zhipei of the ip tribunal of the supreme people’s court said:

2005 accepted 16583 ip civil cases and concerning foreigner only 5%, won 90%

 

The chief justice jiang zhipei said at the conferences both in south california university law school (scu) and john marshall law school----------

 

Last year(in 2005), chin ip court accepted and concluded civil cases concerning infringing intellectual property in national local courts at various levels increased by a big margin.

Total accepted 16583 cases, including cases of first instance, second instance and rehearing cases, an increase of 20.66% over the previous year; concluded 16453 of them, an increase of 29.6% over the previous year.

 

The new cases of first instance reached 13424, an increase of 26%.

 

In which, 6096 were copyright cases, an increase of 42.96%; 2947 were patent right cases, an increase of 15.61%; 1782 were trademark right cases, an increase of 34.49%; 1303 were illicit competition cases, a decrease of 2.1%;

636 were technology contract cases, up 0.95%; 156 were new plant breed cases, a decrease of 10.26%; other intellectual property cases reached 504, up 31.59%.

 

The ipr judges pay more attention to adopt legal measures according to laws to prevent the increase loss of the obligee.

 

According to statistics, since the three laws concerning intellectual property revised, up to october 2005, local courts of the country accepted 301 injunction cases before judicial action; the concluded cases involved 299, the supporting rate reached 88.06% among cases upheld by the applicants.

 

Total accepted 470 evidence-preserving cases before judicial actions; the concluded cases involved 445, the actual supporting rate reached 95.02% among cases upheld by the applicants.

Total accepted 147 property-preserving cases in advance of judicial actions; the concluded cases involved 142, reaching 96.64% of supporting rate among cases upheld by the applicants.

 

Accepted civil cases relating intellectual property in last year have following features:

1.Civil cases concerning intellectual property centered at infringement and ownership which accounted for 89.02% of the new cases.

 

2.The regional distribution of such cases was uneven, which centered at the economic developed regions and cities such as guangdong, beijing, jiangsu, zhejiang, shandong and shanghai.

In 2005, such cases of first instance from these regions accounted for 65.38% of the country.

 

3.High rate of mediation cases, people’s courts at various levels stressed on mediation of legal action, total 7247 cases of first instance mediated and withdrawn, accounted for 54.11% of total first instance cases.

 

4.The penalty amount of decree increased and saw obviously increase on penalty decision based on indemnity measures, some cases adopted maximum legal penalty, which enhanced civil liabilities for damages to the breaching parties concerning infringing intellectual property.

 

5.More and more foreign companies used the court system  however concerning foreigner ip cases still much more less than domestic ip cases, only around 5%. in the cases foreign companies usually are plaintiffs and most of the foreign companies won  the cases. i think the rate is about much more than 90%.

 

By the way i would like to mention some information of criminal infringing cases.in 2005, accepted and concluded criminal cases concerning intellectual property increased rapidly.

 

In the cases, 524 cases related to criminal infringing intellectual property, an increase of 35.4%, 1117 were fake products sales cases, an increase of 16.48%, 1926 were illegal business cases, an increase of 34.4%.

Total concluded 3529 criminal cases concerning infringing intellectual property nationwide last year, an increase of 28.28% over the previous year.

 

 

The concluded cases committed offences and punished with fixed-term imprisonment rose obviously. the courts at various levels punished 5336 criminals, an increase of 30.66%, in which, 5319 people committed offences, accounted for 99.68%; 2963 people were punished with fixed-term imprisonment, accounted for 55.53%, an increase of 23.9%.

 

 

You could get more information from the the copy i sent to the conference and the website: www.chinaiprlaw.cn . it is my personal website built in 1999. our tribunal set up a new website in march this year and you could find the ip judgments by courts in the whole country. it is ipr.chinacourt.org/ .

Thank you very much for your patience.