In 2016, Beijing Intellectual Property Court received 10,638 various cases, up 15.74% from 9,191 cases in 2015, including 8,305 cases of first instance, 2,330 cases of second instance, and 3 cases of reviews.
Among the cases of first instance, there were 1,754 patent disputes (including 1,104 administrative patent disputes), 5,969 trademark disputes (including 5,936 administrative trademark disputes), and 420 copyright disputes (including 417 computer software copyright disputes).
Among the cases of second instance, there were 7 patent disputes, 156 trademark disputes (including 1 administrative trademark dispute), and 1,895 copyright disputes, 43 technical contract disputes, 78 unfair competition disputes, and 151 other disputes.
The cases heard by Beijing Intellectual Property Court had four features, including: more cases of first instance, more administrative cases, more technical cases, and more foreign cases. In 2016, the following five new trends were presented:
①The cases involving hi-tech significant strategic industries and core technologies increased;
②The cases where the parties were both foreigners increased;
③The cases where the Chinese patentee sues the foreigner increased;
④The new dispute cases increased; and
⑤The cases with big litigation object increased.
In 2016, Beijing Intellectual Property Court largely enhanced the compensations for infringement of IP rights. In 2015, the average compensation judged by Beijing Intellectual Property Court was RMB450,000 (about USD65,000). In 2016, according to incomplete statistics, the average compensations of patent, trademark, and copyright infringement cases were respectively RMB1,410,000 (about USD205,000), RMB1,650,000 (about USD240,000), and RMB458,000 (about USD67,000).
The followings were some representative cases:
●In “Mobil” trademark infringement case, the compensation of RMB4,500,000 (about USD650,000) was fully supported.
●In the “墙锢” trademark infringement case, the compensation of RMB10,000,000 (about USD1,460,000) was fully supported.
●In the “U-SHIELD” patent infringement case, the compensation of RMB49,000,000 (about USD7,140,000) was fully supported. And for the first time, the attorney’s fees charged by time amounting to RMB1,000,000 (about USD146,000) was supported.
●In the “紫玉” trademark infringement case, the compensation of RMB1,000,000 (about USD146,000) as judged by the court of first instance was increased up to the legally maximum RMB3,000,000 (about USD437,000).
●In the Sursen copyright infringement case, the compensation was determined according to the maximum remuneration of RMB300/1,000 words, which was largely increased comparing with the first instance.