The Number of IP Cases in Beijing Has Hit a Record High
By Yang Boyong, Chief Judge of Civil Adjudication Tribunal No.3 (IPR Division), Beijing Higher People's Court
Apart from criminal cases, Beijing Third Intermediate People’s Court accepted a total of 59,094 IP cases in 2018, with 43% year-on-year growth. According to Yang Boyong, Chief Judge of Civil Adjudication Tribunal No.3 (IPR Division) of Beijing Higher People's Court on the 9th China IP International Annual Forum. 41,580 of them were civil cases and 17,514 were administrative cases, respectively accounted for 70.4% and 29.6%. A total of 55,935 IP-related cases were adjudicated, with growth of 49% year on year. Among which were 40,708 civil cases and 15,227 administrative cases.
He also introduced the main features of IP-related trials of courts in Beijing in 2018 and the relevant information about accepted and settled cases as well as pointed out that in 2018, the number of IP-related cases accepted and settled by courts in Beijing hits a new high, and the IP-related trials are also facing new challenges.
Furthermore, Yang shared in 2018 that 52,463 IP cases of first instance were accepted by Beijing Third Intermediate People’s Court, rising 47.4% year-on-year, among which 39,032 were civil cases and 13,431 were administrative cases. 49,596 IP cases of first instance were adjudicated, with a rise of 56% on last year. There were 38,562 civil cases and 11,034 administrative cases among them. The ratio of acceptance to adjudication of first-instance cases was 95% in 2018.
There were 6,537 IP cases of second instance accepted by Beijing Third Intermediate People’s Court in 2018, consisting of 2,466 civil cases and 4,071 administrative cases. 6,251 second instance cases were adjudicated, consisting of 2,067 civil cases and 4,184 administrative cases. 83 appeal cases were accepted, consisting of 71 civil cases and 12 administrative cases. 84 appeal cases were adjudicated, with 75 civil cases and 9 administrative cases. 11 retrial cases were accepted, all of which were civil cases. 4 retrial cases were adjudicated.
With the progressive attention of communities to the IP protection, a growing number of parties choose to resolve IP disputes through judicial approach. The number of IP cases accepted by courts in Beijing is still on the rise. In 2018, the caseloads of many courts in Beijing has already broken through the historic peak. Yang Boyong also indicated that the adjudicators force was not strengthened and even was weakened in some courts, the number of cases adjudicated by courts Beijing in 2018 reached a record high once again. It also means IP trials are facing severe challenges under loads of cases.
Besides, with the Supreme People’s Court(SPC) actively promoting the Beijing IP Court to have centralized jurisdiction over technological IP cases of Beijing-Tianjin-Hebei Region, and Beijing authorities enhancing the construction of national science & technology innovation center, hot and difficult cases emerge endlessly, which brings unprecedented tremendous pressure on IP trials and puts forward higher requirements for the quality and efficiency of trials.
The Beijing Internet Court was established on September 9, 2018.
According to the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Cases by the Internet Court, it has jurisdiction over three types of IP-related cases: “Disputes over the ownership of copyright or neighboring rights of works published on the Internet for the first time; Disputes arising from infringement upon copyright or neighboring rights of works published or disseminated online through the Internet; Disputes over Internet domain name ownership, infringements and contracts.”
The IP Court of the SPC was officially set up on January 1, 2019. It is an important measure taken by the SPC to implement the decisions and arrangements of central government, to further enhance the judicial protection of IP, to equally protect the IP of domestic and international market subjects, and to provide strong judicial services and safeguard for China’s building of a powerful IP nation. Second-instance cases related to patent, technical secrets, computer software, monopoly etc. will be directly heard by the IP Court of the SPC henceforth, which will have a certain impact on the IP trials of the Beijing High People’s Court. In addition to continuing to hear relevant cases before the establishment of the IP Court of the SPC, Yang said they would pay more attention to the unification of the trial criteria on the confirmation and authorization of trademark right, and reinforce the connection with the National Intellectual Property Administration (CNIPA) which reformed institutionally before, and effectively stop the spreading trend of malicious registration of trademark.
At the same time, Yang said that in 2019, courts in Beijing will further play their functions and roles of judicial protection of IP, and accurately grasp the foothold on which IP-related trials serve the overall development of the country and the capital, and properly handle various categories of IP-related cases, for the purpose of playing the guiding and exemplary role of judiciaries, and providing a comprehensive, efficient and powerful judicial safeguard for the accelerated building of the national science & technology innovation center and cultural center in Beijing.
