Supreme People's Court, Annual Report on Intellectual Property Cases (2015) (Abstract)

最高人民法院知识产权案件年度报告(2015年)摘要

SPC concluded the trial of its first integrated circuit layout design case in 2015.

(Issued by the Supreme People's Court on April 24 2016.)

(最高人民法院于二零一六年四月二十四日发布。)

In 2015, the Supreme People's Court adhered to the idea of serving the overall situation so as to better adapt to and serve the new normal in economic development. It actively implemented the state's intellectual property strategy and fully exercised its guiding role in judicial protection of intellectual property. It encouraged and supported mass entrepreneurship and innovation. It promoted good faith, protected intellectual property in accordance with the law and actively safeguarded market economic order. It relentlessly expanded the international influence of judicial protection of intellectual property and strove to serve and protect social and economic development.

2015年,最高人民法院坚持服务大局,更好地适应和服务经济发展新常态。积极实施国家知识产权战略,充分发挥司法保护知识产权的主导作用。鼓励和支持大众创业、万众创新。倡导诚实守信,依法保护知识产权,积极维护市场经济秩序。不断扩大知识产权司法保护的国际影响力,努力服务和保障经济社会发展。

The Intellectual Property Division of the Supreme People's Court accepted a total of 759 new intellectual property cases in 2015. Dividing the newly accepted cases by trial procedure, there was a total of 8 appeal cases, 29 review cases, 696 cases of applications for retrial and 26 cases requesting instructions. Dividing them by the type of subject matter involved, there was a total of 257 patent cases, 3 new plant variety cases, 325 trademark cases, 83 copyright cases, 3 integrated circuit layout design cases, 3 monopoly cases, 9 trade secret cases, 14 other unfair competition cases, 34 intellectual property contract cases and 28 other cases (mainly involving intellectual property trial management matters). Dividing the cases by their nature, there was a total of 378 administrative cases, accounting for 49.80% of all newly accepted cases, of which 112 were administrative patent cases and 266 administrative trademark cases, representing an increase of 100% and 198.88%, respectively, over 2014; and a total of 381 civil cases, accounting for 50.20% of all newly accepted cases. Additionally, there were 77 cases remaining from 2014, giving a total of 836 cases pending in 2015. A total of 754 intellectual property cases were concluded during the year, of which 7 were appeal cases, 39 were review cases, 682 were cases of applications for retrial and 26 were cases requesting instructions. Of the 682 concluded cases of applications for retrial, 361 were applications for administrative retrial and 321 were applications for civil retrial. In 514 of the cases, a ruling to reject the application for retrial was rendered; in 81 of the cases, a ruling for review was rendered; in 38 of the cases, a ruling ordering or designating retrial was rendered; in 16 of the cases, a ruling withdrawing the suit (including withdrawal of cases through settlement) was rendered; and 33 of the cases were resolved in other ways.

最高人民法院知识产权审判庭2015年全年共新收各类知识产权案件759件。在新收案件中,按照案件审理程序划分,共有二审案件8件,提审案件29件,申请再审案件696件,请示案件26件。按照案件所涉客体类型划分,共有专利案件257件,植物新品种案件3件,商标案件325件,著作权案件83件,集成电路布图设计案件3件,垄断案件3件,商业秘密案件9件,其他不正当竞争案件14件,知识产权合同案件34件,其他案件28件(主要涉及知识产权审判管理事务)。按照案件性质划分,共有行政案件378件,占全部新收案件的49.80%,其中专利行政案件112件,商标行政案件266件,分别比2014年上升100%及198.88%;共有民事案件381件,占全部新收案件的50.20%。另有2014年旧存案件77件,2015年共有各类在审案件836件。全年共审结各类知识产权案件754件,其中二审案件7件,提审案件39件,申请再审案件682件,请示案件26件。在审结的682件申请再审案件中,行政申请再审案件361件,民事申请再审案件321件;裁定驳回再审申请514件,裁定提审81件,裁定指令或者指定再审38件,裁定撤诉(包括和解撤诉)16件,以其他方式处理33件。

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