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Beijing Intellectual Property Court Accepting Nearly 8,000 Cases in Past 12 Months

On November 15, the reporter learned from the press conference of the first anniversary of the Beijing Intellectual Property Court that since its foundation, the court has received 7,918 cases and concluded 3,250 cases in total. The 18 presiding judge of the court each had 400 pieces of cases in hand and concluded 159 cases.

"Administrative cases involving the authorization and determination of IP rights accounts for about 80% of all the cases we accepted, which is a distinctive characteristic of the Beijing Intellectual Property Court." Mr. Jinchuan CHEN, Party Member and Vice President of the Beijing Intellectual Property Court, said that this kind of case was rather significant as whether the IP right existed or not was a right of existence for right owners. Through judicial review, administrative acts can be effectively standardized. “Many of these cases ended up with changing decisions of state administration organizations.”

As of November 6, 2015, the number of accepted and concluded administrative cases involving the authorization and determination of patent and trademark falling into the exclusive jurisdiction of the Beijing Intellectual Property Court reached 5,873 and 2,050 respectively. Among the concluded 179 patents administrative cases and 1,871 administrative trademark cases, the court ruled to revoke the decision of the Patent Reexamination Board’s decision in 11 cases and ruled to revoke the decision of the Trademark Review and Adjudication Board in 269 cases, with rates of revocation being 8.4% and 16% respectively.

At present, the number of IP disputes also reveals a trend of sharply increasing. It is estimated that trademark administrative cases of Beijing, as the type of IP cases occurs the most frequently, increased to more than 5,000 cases by the end of October, 2015 from 2,000 cases in 2013. Likewise, patent administrative cases accepted by Beijing also doubled from 500 cases in 2014 to 1,000 cases in 2015.

Beijing Intellectual Property Court also tried to implement a method of "Presidents’ Week", requiring the president and the vice-presidents of the court to arrange a week of every month to sit in court and intensively try cases, especially major, difficult and complicated cases. As of October 20, 2015, the three presidents accepted 201 cases and concluded 98 cases, while the four presiding judges accepted 505 cases and concluded 286 cases.

Date: November 17, 2015
Source: Beijing Daily

 

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