The Intellectual Property Court of the Supreme People’s Court (hereinafter referred to as the “Intellectual Property Court”) was officially launched on January 1, 2019 to exercise the judicial function of last instance in hearing appeals on patents, monopolies and other technology-related intellectual property deals across China. Recently, the Intellectual Property Tribunal published its annual report (2021), which presents relevant data and information on the cases it decided in 2021.
In 2021, the IP court accepted a total of 5,238 technology-related IP cases and concluded 3,460 cases, with a closing rate of 79.8%.
・Statistical analysis of judgment results
In 2021, the Intellectual Property Tribunal concluded a total of 3,460 second instance cases. Among them, 2,272 cases were concluded with confirmation of first instance decisions; 509 cases were closed with withdrawal of appeals, 198 cases were concluded by mediation, with a mediation and withdrawal rate of 20.4%; and 468 cases resulted in either a remand for a new trial or reversal of decisions on appeal, with a remand and reversal rate of 13.5%.
Of the 2,023 second instance substantive civil cases concluded by the Intellectual Property Tribunal, 381 cases were remanded for retrial or dismissed on appeal, with a dismissal and dismissal rate of 18.8%. Of the 971 second-instance administrative cases concluded by the Intellectual Property Tribunal, 64 cases resulted in either remand for review or reversal of appeal decisions, with a remand and reversal rate of 6.6 %.
・Statistical analysis of the trial period
In 2021, the average trial length for second instance substantive cases adjudicated by the Intellectual Property Tribunal was 134 days. The closing rate was 83.5 cases per judge.