IP Newsletter Issue 25 (2017-08-20)
 
A Special Report of Judicial Big Data on Intellectual Property Infringement Issued by the Supreme Court in China

   Recently, the Information Center and the Judicial Case Research Institute of the Supreme People's Court (SPC), China, jointly issued "a Special Report of Judicial Big Data". As indicated in this report, the number of intellectual property infringement cases increased by 41.34 percent in 2016, compared to 2015, wherein the number of copyright infringement cases, trademark infringement cases and patent infringement case accounts for 50.20 percent, 34.17 percent and 15.63 percent, respectively. Guangdong Province, Beijing, and Zhejiang Province concluded the most cases. There were more than 28 foreign countries involved in the foreign-related intellectual property infringement cases, wherein America, France, and Germany are involved in most cases.

   Only 7.93 percent of the plaintiff's claims in all intellectual property infringement cases are concluded or supported by courts.

   It is shown in the intellectual property infringement report that legal persons are main plaintiffs and defendants of such cases, wherein legal persons account for 87.32 percent of all plaintiffs, and 74.76 percent of all defendants. 23.35 percent of intellectual property infringement cases have two or more defendants. Among all the defendants, over 80 percent of legal persons or unincorporated organizations are limited liability companies, and over 80 percent of natural persons are private business owners, or individual laborers.

   The average processing period of nationwide intellectual property infringement cases is 105 days, wherein nine types of cases, such as counterfeiting a patent of others, infringing a patent right of an invention and infringing copyright of computer software and so on, have a longer processing period than the average.