2013年中国法院知识产权司法保护状况（双语）
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(ii) Adjudicated intellectual property-related administrative actions, and fully exercised the courts’ function in supervising enforcement of the law and ensuring lawful administration
The people’s courts have carried out the important work arrangements as required by the 18th Party Congress to build a socialist rule-of-law country and to fully advance governance of the country based on law. The courts have also exercised fully their judicial review powers to supervise and support administrative authorities to administer according to law, therefore facilitated better administrative protection of intellectual property and protected the lawful rights of administrative counterparties.
In 2013, the local courts accepted 2,886 intellectual property-related administrative cases of first instance, 1.43% lower than last year, and disposed 2,901 cases (including carried forward cases), basically no change from last year. Of those accepted, the breakdown by intellectual property branch and percentage change compared to last year is as follows: 697 patent cases, 8.29% lower; 2161 trademark cases, 0.51% higher; 3 copyright cases, no change from last year; 25 cases of other categories, 66.67% higher.
Among the disposed first instance cases, those involving foreign parties or Hong Kong, Macao or Taiwan parties continued to represent a substantial percentage. Total number of cases was 1,312, representing 45.23% of the concluded intellectual property-related first instance administrative cases, of which, 1,143 cases involved foreign parties, 84 Hong Kong parties, 0 Macao parties and 85 Taiwan parties. All disposed cases were either patent or trademark related disputes, of which the latter account for a substantial percentage of 80.10%.
Total intellectual property-related administrative cases of second instance accepted and concluded by the local courts was 1,490 and 1,496 respectively, 4.64% and 7.78% more than last year. Of the concluded cases, 1,268 were affirmed, 146 reversed, 59 withdrawn, 18 dismissed; 5 other cases were disposed of through other methods.
SPC’s intellectual property division accepted 117 applications for retrial of administrative cases and concluded 104, 19.38% and 6.12% respectively more than last year. Of the concluded cases, 80 cases or 76.92% were dismissed; tishen orders (similar to certiorari) were issued for 23 cases or 22.12%, 1 case or 0.96% were withdrawn. 19 new tishen cases were accepted, and 19 cases were disposed. Of those disposed , SPC affirmed the original decision for 3 cases, or 15.79%, and reversed the decision for 14 cases, or 73.69%; 1 case, or 5.26%, withdrew; in 1 case, or 5.26%, the original ruling was revoked and an order issued to docket the case for hearing.
High profile administrative cases include:Power Dekor Group Co., Ltd vs. Trademark Review and Adjudication Board of the State Administration of Industry & Commerce (SAIC) etc., involving a trademark administrative dispute; Cubist Pharmaceuticals, Inc. vs. Patent Review Board, State Intellectual Property Office (SIPO), involving an administrative dispute on the invalidation of a patent invention; Wuyishan City’s Tongmu Tea Leaves Co., Ltd vs. Trademark Review and Adjudication Board of the State Administration of Industry & Commerce (SAIC) etc., involving an administrative dispute on the review of a trademark opposition; Beijing Yawang Roasted Duck Shop Co., Ltd vs. Trademark Review and Adjudication Board of the State Administration of Industry & Commerce etc., involving an administrative dispute on the review of a trademark opposition; Li Longfeng vs. Trademark Review and Adjudication Board of the State Administration of Industry & Commerce etc., involving a trademark administrative dispute etc.
(iii) Improved and strong criminal adjudication of intellectual property disputes to effectively sanction crimes and deter infringement
The people’s courts have exercised fully their adjudication powers for intellectual property crimes, and have cooperated with the relevant authorities in special actions to fight intellectual property crimes and crimes involving the manufacturing and sale of counterfeit or inferior goods. Through their relentless efforts, the courts’ have succeeded in punishing and deterring criminal behaviour relating to intellectual property infringement. For the first time in five years, the number of intellectual property crimes adjudicated by the people’s courts has reduced.
In 2013, for intellectual property-related criminal cases of first instance handled by local courts, new filings reduced by 28.79% to 9,331 cases, including 5,021 infringement cases (3,473 involved infringement of registered trademarks, such as use of counterfeit marks, and 1,484 cases involved copyright infringement), 35.96% lower than last year; 2,455 were infringement cases involving the production and sale of counterfeit or inferior goods, 5.83% lower than last year; 1,686 were infringement cases involving illegal business operations, 34.83% lower than last year; 169 were cases of other nature, 141.43% higher than last year.
The number of intellectual property-related criminal cases of first instance concluded by the local courts has decreased by 28%, to 9,212 cases. The number of persons against whom judgments were effective totalled 13,424, 13.49% lower than last year, including 13,265 who were given criminal sanctions, 13.52% lower than last year. Of the concluded cases, 4,957 involved intellectual property infringement, and the number of persons against whom judgments were effective totalled 6,866; 2,390 cases involved production and sale of counterfeit and inferior goods (involving intellectual property infringement), and the number of persons against whom judgments were effective totalled 3,430; 1,712 cases involved illegal business operations (involving intellectual property infringement), and the number of persons against whom judgments were effective totalled 2,882; 153cases were of other nature (involving intellectual property infringement), and the number of persons against whom judgments were effective totalled 246.
For concluded and disposed intellectual property-related criminal cases, 1546 cases involved counterfeiting trademarks, and the number of persons against whom judgments were effective totalled 2462; 1,496 cases involved the production and sale of counterfeit and inferior goods, and the number of persons against whom judgments were effective totalled 2,221; 350 cases involved illegal manufacturing and sale of illegally manufactured marks of registered trademarks, and the number of persons against whom judgments were effective totalled 589; 1 case involved counterfeiting patent, and the number of persons against whom judgments were effective was 0; 1,499 cases involved copyright infringement, and the number of persons against whom judgments were effective was 1,490; 15 cases involved the sale of infringing reproductions, and the number of persons against whom judgments were effective was 33; 50 cases involved infringement of trade secrets, and the number of persons against whom judgments were effective was 71.
Newly accepted second instance criminal cases involving intellectual property infringement totalled 662, and the number of disposed cases was 627.
High profile intellectual property-related criminal cases were: Zong Liangui case involving 28 people in trademark counterfeit; Jiangxi Yibo E-Tech Co., Ltd etc. case involving infringement of trade secret; Chen Bangqu etc. case involving 3 people in the sale of counterfeit and inferior goods; You Yan etc. case involving 3 people in copyright infringement.
