Supreme People's Court, Annual Report on Intellectual Property Cases (2012) (Abstract)
最高人民法院知识产权案件年度报告（2012）（摘要）
This year's report has derived 37 law application issues with general guiding significance from 34 typical cases carefully selected from the intellectual property and competition cases completed by the Supreme People's Court in 2012.
(Published by the Supreme People's Court on April 25 2013.)
（最高人民法院于二零一三年四月二十五日公布。）
In 2012, the Intellectual Property Division of the Supreme People's Court accepted a total of 359 new intellectual property cases, and concluded 366 cases (including cases remaining from previous years). The aforementioned cases reflected the following characteristics: the characteristics and trends of the intellectual property and competition cases heard by the Supreme People's Court in 2012 were as follows: there was some slowing in the explosive growth trend in cases, with the total number of cases accepted tending basically to remain similar to before; the number of new types and difficult cases continued to increase, with the number of cases involving the ascertainment of complex technical facts and cases requiring the clarification of legal definitions or the filling in of legal gaps continually increasing; there was an increasingly greater breadth in the fields involved in patent cases, the technical content and market value involved were increasingly greater, the legal issues involved increasingly broader and deeper and the proportion of difficult cases higher, with both civil patent cases involving the rules of interpretation of claims and administrative patent cases involving determination of an inventive step relatively numerous; the proportion of trademark cases remained basically similar to before, with cases involving conflicts of rights being the most numerous, and particularly so in administrative trademark cases; in copyright cases, cases involving new fields, such as the internet, software and animation, continued to increase, and the commercial value of the works involved was increasingly greater; and in unfair competition cases, disputes involving network technologies and new business models and passing off disputes increased. This year's report has derived 37 law application issues with general guiding significance from 34 typical cases carefully selected from the intellectual property and competition cases completed by the Supreme People's Court in 2012. They reflect the trial standards, adjudication methods and judicial policy direction of the Supreme People's Court in handling new, difficult and complicated cases in the intellectual property and competition trial fields.
2012年，最高人民法院知识产权审判庭全年共新收各类知识产权案件359件，审结366件（含旧存）。上述案件反映出如下特点：最高人民法院2012年审理的知识产权和竞争案件的特点和趋势是：案件数量大幅增长的势头得到缓解，受理案件总量趋向基本稳定；新类型、疑难案件持续增加，涉及复杂技术事实查明的案件、需要明确法律边界或者填补法律空白的案件越来越多；专利案件涉及领域越来越广，涉案技术的含金量和市场价值越来越高，所涉法律问题日趋广泛深入，疑难案件比重增加，专利民事案件中涉及权利要求解释规则的较多，专利行政案件中涉及创造性判断的较多；商标案件的比重保持基本稳定，涉及权利冲突的案件居多，在商标行政案件中尤为突出；著作权案件中涉及网络、软件、动漫等新兴产业领域的案件继续增多，所涉作品的商业价值越来越大；不正当竞争案件中涉及网络技术、新型商业模式的纠纷和仿冒行为的纠纷增多。本年度报告从最高人民法院2012年审结的知识产权和竞争案件中精选了34件典型案件，归纳出37个具有普遍指导意义的法律适用问题，反映了最高人民法院在知识产权和竞争审判领域处理新型、疑难、复杂案件的审判标准、裁判方法和司法政策导向。
I. Trial of Patent Cases
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