China’s Supreme People’s Court Releases Summary of IP Judgements for 2023

Posted on Categories Case, Patents, Trade Secrets, Unfair Competition

On February 23, 2024 China’s Supreme People’s Court (SPC) released the Supreme People’s Court Summary of Intellectual Property Court Judgments (2023) (最高人民法院知识产权法庭裁判要旨摘要(2023)). Per the SPC, the summary was formed “to highlight the judicial concepts, trial ideas, and adjudicative methods of the Intellectual Property Tribunal of the Supreme People’s Court in technical intellectual property rights and monopoly cases.” The Tribunal selected 96 cases from the 4,562 cases concluded in 2023, and summarized 104 key points as follows.

China International Patent Filings Down 0.6% in 2023 But Maintains Lead as Top Filer

Posted on Categories Statistics

According to data released by the World Intellectual Property Organization (WIPO) on March 7, 2024, China filed 69,610 Patent Cooperation Treaty (PCT) applications in 2023 – a small decrease of 0.6% from the previous year. This is the first year-on-year decrease from China since 2002.  The United States came in second with 55,678 applications, which represents a 5.3% drop on 2022.

China’s Supreme People’s Court Releases Work Report to the National People’s Congress

Posted on Categories Statistics

On March 8, 2024 at the 14th National People’s Congress, Zhang Jun, President of the Supreme People’s Court (SPC), submitted the SPC’s Work Report summarizing the accomplishments of the past year.  With respect to intellectual property, the Report stated 490,000 intellectual property cases were concluded, and punitive damages were applied to 319 cases.

China (Partially) Switches to Common Law System?

Posted on Categories New Law, Rule or Implementing Regulation

Update: Susan Finder of the Peking University School of Transnational Law points out that from 2020, the SPC has required judges to engage in similar case search in certain types of cases. As can be seen from points IV 1 and 2 of the Guiding Opinions on Strengthening Searches for Similar Cases to Unify the Application of Law (Provisional), priority is given to guiding cases and SPC typical (example/exemplary/model) cases. Similar case search supplements searching for legislation and judicial interpretations. …