The 2012 White Paper on IP Judicial Protection has been issued by the Supreme People's Court on April 22nd2013.
The report highlights the progress accomplished last year in IP protection from legal, judicial and enforcement perspective.
Some of the key points in the report:
- Substantial increase in the courts adjudications for IP-related civil litigation (+46% in first instance; +25% in second instance). IP owners seem to prefer litigation on grounds of copyright, trademark, patent and technology violations claims; on the other hand unfair competition litigations have slightly decreased (-1.23%).
- Criminal litigation and adjudication has also dramatically increased (+130%) mainly against manufacturers and distributors of IP infringing products or services, leading to condemnation of more than 15,000 culprits.
- Implementation of the National Intellectual Property Strategy. Pilot projects for establishment of intellectual property divisions supervising civil, administrative and criminal cases have been launched in 133 courts throughout China.
- Consistency in application of law. Several guidelines have been issued last year by the Supreme People’s Court in order to improve uniformity of law interpretation. Moreover, courts seem to improve in their use of fact-finding mechanisms when dealing with technology-related litigation (forensic examination, expert assistance, etc..).
To read the full report in English please click here or visit http://www.court.gov.cn