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?
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. …
China’s IP Tribunal of the Supreme People’s Court Releases Statistics and Top 10 Influential Cases for 5-Year Anniversary of Founding
On February 22, 2024, the IP Tribunal (IPC) of the Supreme People’s Court released some statistics and the Top 10 Influential Cases for the 5-year anniversary of its founding. The IP Tribunal is somewhat similar to the U.S. Court of Appeals for the Federal Circuit. Interesting data points include: More than 1/5 of cases have foreign-related factors including 1,678 with foreign parties and concluded 1,198 of these cases; There were 2,977 administrative appeal cases related to invalidation in 5 years; …
IP Tribunal of the Supreme People’s Court Releases Top 10 Influential Cases at 5-Year Anniversary of Founding
On February 23, 2024, in honor of the firth anniversary of the establishment of the Intellectual Property Tribunal of China’s Supreme People’s Court (IPC), released a list of Top Ten Influential Cases. The Cases cover various technologies and areas of law including trade secret misappropriation, plant variety infringement, patent linkage and invention patent infringement.