On March 30, 2023, China’s Supreme People’s Court released the Annual Report of the Intellectual Property Court (IPC) for 2022 (最高人民法院知识产权法庭年度报告（2022)). The report lists statistics for 2022 as well as from its founding in 2019 through 2022 and achievements for 2022. Of note, the IPC accepted case number increased by 18% to 6,183 technology-related IP appeal cases and monopoly appeal cases. The 18% increase represents a slowdown in the growth rate of newly accepted cases as appeals relating to patent …
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China’s Supreme People’s Court and Supreme People’s Procuratorate Submit 5-Year Work Reports to the National People’s Congress
On March 7, 2023, China’s Supreme People’s Court (SPC) and Supreme People’s Procuratorate (SPP) submitted their 5-Year Work Reports to the National People’s Congress. Zhou Qiang, president of the SPC, stated that courts across the country intensified IP protection of key technologies and emerging and major industries. Procurator-General Zhang Jun stated that offices specializing in tackling IP cases have been established in procuratorial agencies in 29 provincial-level regions.
China To Upgrade Status of the China National Intellectual Property Administration
On March 7, 2023, China released the 2023 State Council Institutional Reform Plan (Plan) (国务院机构改革方案). The National People’s Congress (NPC) is set to approve the Plan on March 9. The Plan will remove the China National Intellectual Property Administration from the State Administration of Market Regulation (SAMR) and make it a top-level agency under the State Council. The SAMR will continue its enforcement of IP rights.
China’s Supreme People’s Court Releases Report on the Judicial Reform of Chinese Courts (2013-2022)
On February 21, 2023, China’s Supreme People’s Court (SPC) released the Report on the Judicial Reform of Chinese Courts (2013-2022) (中国法院的司法改革（2013—2022)). With respect to intellectual property, the Report discusses the establishing of new mechanisms (e.g., patent linkage), establishing of the IP Tribunal of the Supreme People’s Court and the establishing of IP Courts and IP Tribunals in several jurisdictions, etc. However, note that any judicial reform will occur in a Chinese context. For example, the State Council stated a few …