Second, promote various special investigations and studies. Numerous cases from various regions and technical fields across the country are high-quality resources for investigation. Keeping in mind the trial team, the IP Court considers the needs of trial work and the research interests of the judges, and has established several research groups for strategic areas and key issues such as patent law revision, anti-monopoly, technical secrets, integrated circuit layout design, 5G technology, new plant varieties, etc. to conduct special research. Nine research results have been formed, including the Legislative Proposal on Drug Patent Linkage System, Analysis Report on the Judgments of Cases of New Plant Variety Rights, Empirical Research on Trial Period of Patent Infringement and ‘Loop Suit’ in Patent Invalidity Litigation.” In the fourth revision of the Patent Law, the Recommendations on Reforming and Perfecting the Legislation of Patent Invalidation Procedures were submitted to the Legislative Affairs Commission of the Standing Committee to the National People’s Congress. The IP Court also communicated and cooperated with the Guangzhou Intellectual Property Court to conduct research on issues such as SEPs so as to study trial rules that are compatible with industry development.
2. Carry out international exchanges and enhance international influence
二、深化机制改革,推动智能办案,进一步提高技术类知识产权案件审判质效
第一,起草编制了《知识产权法庭发展规划(2019-2021)》,对法庭建设的指导思想、发展原则、发展目标、主要任务、基础保障、组织实施等方面进行了统筹谋划,推动法庭长远发展,确保中央部署落到实处。
Among the 241 administrative cases of second instances accepted by the IP Court, there are 230 cases of administrative grant and affirmation, 7 administrative penalty cases, and 4 other administrative cases. Among the cases of administrative grant and affirmation, there are 80 administrative disputes over invalidation of patent rights, 71 administrative disputes over reexamination of invention patent applications, 57 administrative disputes over invalidation of utility model patent rights, 9 administrative disputes over reexamination of utility model patent applications, and 13 administrative disputes over invalidation of design patent rights. The majority of the cases are administrative disputes over invalidation of invention patent rights (33.2%), administrative disputes over reexamination of invention patent applications (29.5%), and administrative disputes over invalidation of utility model patent rights (23.7%).
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.
Cases concerning new plant variety rights heard by the IP Court have the following characteristics:
In 2019, the IP Court accepted 174 cases involving a party from foreign country, Hong Kong, Macau, and Taiwan region. Among them, there were 50 civil substantive cases of second instance, 52 administrative cases of second instance, 71 cases of second instance on challenge to jurisdiction, and 1 other case. By region, there were 75 cases involving EU countries, 54 cases involving the United States, 15 cases involving Japan, 4 cases involving South Korea, 2 cases involving Canada and Israel, respectively, 1 case involving Australia and South Africa, respectively, and 20 cases involving Hong Kong, Macau and Taiwan.
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