IPR cases on the rise as awareness increases

The Intellectual Property Court of the Supreme People's Court has made remarkable progress over the past three years, and the mechanism for hearing intellectual property appeals at the national level has been improved, according to the top court.

The capacity for the specialized adjudication of intellectual property rights has been significantly improved, and the technical fact-checking mechanism has been improved, and the national court technical investigation talent pool now includes 450 technical experts and covers 30 technical fields, said Lin Guanghai, chief judge of the SPC's No 3 Civil Division.

The IP Court was set up in Beijing as a division of the SPC in January 2019, to hear patent, monopoly, other professional technical IPR civil and administrative appeals. From January 2019 to the end of March 2022, it accepted 10,454 technical IPR cases and monopoly cases and concluded 8,355.

It also accepted 2,531 administrative cases concerning patent authorization and confirmation and antimonopoly issues, and concluded 1,824.

The IP Court has strengthened judicial protection of IPR in core technologies, key areas, and emerging industries and clarified the rules of protection and the boundaries of rights. In the past three years, it has handled 2,000 cases in emerging industries, including new-generation information technology, biomedicine, and high-end equipment manufacturing, said Zhou Xiang, deputy chief judge of the IP Court.

It has also adopted measures to resolve the problems IP owners face, including difficulties in providing evidence, the lengthy cycle of litigation and the high costs involved, Zhou said.

Li Jian, deputy chief judge of the SPC's No 3 Civil Division, said that IPR should be protected strictly under the law while preventing abuse, and the dishonest acquisition and exercise of IPR should be prevented and targeted.

The SPC has enhanced its crackdown on malicious trademark squatting, Li said. Existing trademarks that are maliciously squatted shall be revoked and petitions for their registration will not be supported, as they violate the principle of honesty.

In addition, courts may also fine or detain those who bring malicious IPR lawsuits, and even investigate for criminal responsibility if required.

"With the improvement of IPR protection awareness and the prominence of its value, the number of IPR cases is increasing. The people's court protects the holder's rights while protecting the rights of others to properly the generic names of goods and of the raw materials covered under the registered trademark," Li said.