Chinese courts handle 52,437 IPR cases in five years

November 6, 2007
Chinese courts at all levels heard and concluded 54,321 and 52,437 cases of civil lawsuits concerning IPR at first instance between 2002 to 2006 respectively, up 145.92 percent and 141.99 percent over the previous five-year period with an annual increase rate of 17.06 percent and 19.29 percent respectively, statistics from the Supreme People’s Court show.

From 2002 to October, 2006, courts at all levels heard 430 temporary pre-litigation injunction cases and 425 were concluded, reaching an actual majority verdict support of 87.3 percent. During the same time, 642 pre-litigation evidence perpetuation application cases were handled and 607 were concluded, reaching an actual majority verdict support of 92.67 percent. Court at all levels also heard 218 application cases for property preservation and concluded 208 during the same time, reaching an actual majority determination support of 96.07 percent. Most application cases for temporary measures prior to lawsuit were sentenced by court within 48 hours, which ensures time-effectiveness.

In line with the principles of comprehensive IPR infringement compensation, courts at all levels had gradually increased the amount of compensation and applied capital sum principle in some cases. Civil punishments were imposed in those cases of vital infringement.

Courts at all levels also managed to properly allocate judicial recourses and improve the professional trial organizations. According to preliminary statistics released in early 2006, China has 172 special courts and 140 collegial panels designated for handling IPR-related cases, and 1,667 IPR judges.

 

Keywords