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最高人民法院知识产权法庭年度报告(2019)(3)

  Comprehensively show the work of the IP Court while focusing on judicial publicity. On March 27th, 2019, after the gavel was struck for the first time at the IP Court, the IP Court opened a court session. Through full-media live broadcasts and extensive reporting by dozens of media including CCTV, the online live broadcast of court hearings received more than 18 million views for the first time. In late April, the IP Court held several activities such as “Public Open Week,” “Court Hearing Week of IPR Protection,” and “Judges to Campus,” inviting people from all walks of life and journalists to visit the IP Court, to experience the intelligent systems such as submission of electronic litigation materials, online search for typical cases, and to attend public court hearings. Judges were invited to visit universities such as Tsinghua University, Renmin University of China, North China University of Technology, etc., to introduce the basic situation of the IP Court and the development of judicial protection of intellectual property in China. From December 9th to 13th, the IP Court carried out the “Judgment Week” activity and pronounced judgments on 6 cases that are of demonstration significance. People from industry who attended said: “Through the hearing, I felt the professionalism and objectivity of the trials conducted by the IP Tribunal.” The IP Court also made full use of its Chinese and English official websites and the WeChat public account to publish all kinds of judicial information in a timely manner. A total of 390 manuscripts were published, which were viewed 16.012 million times.

  以司法宣传为抓手,全方位展示法庭工作情况。2019年3月27日,法庭的“第一槌”案件开庭审理,经中央电视台等数十家媒体进行全媒体直播和广泛报道,庭审网络直播第一时间观看量达1800余万次。4月下旬,法庭举办“公众开放周”“知识产权保护集中开庭周”“法官进校园”等一系列活动,邀请来自社会各界的公众和媒体记者参观法庭,体验诉讼材料电子递交、典型案例线上检索等智能化系统,旁听公开庭审;安排法官走进清华大学、中国人民大学、北方工业大学等高校,宣介法庭的基本情况与我国知识产权司法保护的发展。12月9日至13日,法庭开展“集中宣判周”活动,对6件具有标杆意义的案件进行集中宣判,旁听的业界人士表示:“旁听庭审让我感受到了知识产权法庭审判的专业性和客观性。”法庭还充分利用中英文官网及微信公众号及时发布各类司法信息,共计发稿390篇,点击量1601.2万次。

the Intellectual Property Court of

  Implement a centralized and unified jurisdiction system and a “Leapfrog Appeal” system with Chinese characteristics. According to the Decision of the Standing Committee of the National People’s Congress on Several Issues concerning Judicial Procedures for Patent and Other Intellectual Property Cases, nationwide civil and administrative appeals involving technology-related intellectual property are tried under the unified jurisdiction of the IP Court. Whether the first-instance judgment of a technology-related IP case is made by an Intermediate People’s Court or a High People’s Court, all appeals are handled by the IP Court. In terms of the technology-related IP appeals against the first instance judgment made by an Intermediate People’s Court, a “Leapfrog Appeal” system with Chinese characteristics has been created. The appeals leapfrog a High People’s Court from an Intermediate People’s Court to the Supreme People’s Court. This not only helps to unify judicial standards and shorten the duration of dispute resolution, but also highlights the judicial policy and adjudication rules for technology-related IP cases at the highest judicial level in China.

  2. Create model cases with typical exemplary effect

  2019年,法庭二审实体案件平均审理周期为73天,管辖权异议二审案件平均审理周期为29.4天。法官人均结案39.2件。


  In 2019, the IP Court accepted a total of 1,945 technology-related IP cases and concluded 1,433 cases, with a closing rate of 73.7%. Among the newly accepted cases, 962 were civil substantive cases of second instance, of which 586 were concluded; 241 were administrative cases of second instance, of which 142 were concluded; 481 were challenge to jurisdiction cases of second instance, of which 446 were concluded; and 261 were other types of cases, of which 259 were concluded.

  第一,案件数量较多。基于诉讼策略、管辖规则复杂性、管辖连结点更多等因素,被诉侵权人在知识产权案件中对于管辖权异议有更大争辩空间。

(2019)

  在法庭受理的241件行政二审案件中,行政授权确权类案件230件,行政处罚类案件7件,其他行政案件4件。在行政授权确权类案件中,发明专利权无效行政纠纷80件,发明专利申请驳回复审行政纠纷71件,实用新型专利权无效行政纠纷57件,实用新型专利申请驳回复审行政纠纷9件,外观设计专利权无效行政纠纷13件。其中,占比较高的纠纷类型分别为发明专利权无效行政纠纷(33.2%)、发明专利申请驳回复审行政纠纷(29.5%)、实用新型专利权无效行政纠纷(23.7%)。

  1. Deepen judicial openness and enhance judicial trustworthiness

  (1)案件来源统计分析


  (i) There are many cases involving invention patents and high-tech fields. Among the three types of patents, invention patents are the most technical, and invention patent cases rank first among declaration of invalidity cases and reexamination cases, reflecting the importance attached to patent value by inventors and the relevant public. In terms of the technical field, most number of cases involves the mechanical field, but among declaration of invalidity cases, cases in the electrical field and the mechanical field account for the most number. There are also many disputes in high-tech fields such as telecommunication technology and computers. Although the total number of declaration of invalidity cases is small in the chemical field, they are generally concentrated in important industries such as pharmaceuticals and biotechnology.

  作为世界范围内首个在最高法院层面设立的审理全国范围专利等技术类知识产权上诉案件的专门化司法机构,法庭锐意进取,勇当改革先行者和探索者,创新体制机制,推进信息化建设,强化队伍能力,全方位多措施提升技术类知识产权案件审判质效。

Concluding Remarks

  (3)裁判结果统计分析

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