2019年，法庭共审结二审案件1174件。其中，以维持原审裁判方式结案的为731件，以撤诉方式结案的为280件，以调解方式结案的为71件，调撤率为29.9%，以发改方式结案的为92件，发改率为7.8%。法庭发改的92件案件中，民事二审实体案件66件，管辖权异议二审案件21件，行政二审案件5件。
③ Characteristics of administrative cases concerning patents
First, establish a new database of adjudication rules focused on specific rules for the application of law. The first batch of adjudication rules that came online have come from the guiding cases of the Supreme People’s Court, the annual reports on intellectual property of the Supreme People’s Court, the typical cases of Chinese courts, and the guiding cases concluded in 2019 by the IP Court that were extracted and written by the judges of the IP Court. These were then systematically sorted out and classified. Users can input keywords in the database to obtain related adjudication rules in the form of “mind map of rules” and “list of rules.” These two formats are constructed according to the legal logic and the characteristics of the types and fields of the cases, presenting a systematic knowledge structure that differs from the usual simple enumeration format, and can guide users to actively learn and master related rules. The database can be used not only to assist judges in hearing similar cases, but also to test the quality of trials. At present, the trial version of the adjudication rules database has been completed and will be formally made operational soon, providing strong support for intelligent trial of technology-related IP cases by Chinese courts.
The IP Court has 8 collegiate panels, a litigation service center, and a general office. The IP Court has totally 140 staff members, 42 of whom are judges, all of them possessing a master’s or above degree. Among them, 37.5% have doctoral degrees, 22.5% have a background in science and engineering, and 17.5% have overseas study experience. Some judges are selected from the Supreme People’s Court, most of the judges are seconded from local courts across the country that have mature experiences in patent trials, and three other judges are exchange judges from China National Intellectual Property Administration. After several rounds of selection, the IP Court’s trial team consists of elite judges, selected in a way like “screening an army on the battleground” across the country. The IP Court takes full advantage of its talents and has further strengthened team building while maintaining high standards and strict requirements, by utilizing multiple channels. It has strived to forge a trial team possessing a firm political position, with members who are upright and honest, proficient in the law, familiar with technology, possess knowledge of China’s national conditions, and have an international perspective.
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