On april 22, beijing, the light day newspaper, the supreme people's court, nae yumori, a journalist, published the status of judicial protection of intellectual property rights in chinese courts (2023), the 10 major intellectual property cases in chinese courts in 2023 and 50 typical intellectual property cases. In the past year, over 540,000 new intellectual property cases, including first instance, second instance and applications for re-examination, have been brought to the attention of the courts throughout the country. The number of completed cases has remained almost the same as the number of new receipts, an increase of 3. 41 per cent and 0. 13 per cent, respectively, since 2022。
The vice-president of the supreme people's court, mr. Tao kai, explained that the national court had applied punitive damages in 319 cases of infringement of intellectual property rights, amounting to rmb 1. 16 billion. The highest law deals with trademark infringement and unfair competition disputes, with four times punitive damages for maliciously promoting goodwill, over $100 million, and with “rubber anti-old agent” technical secret abuse, over $202 million, resulting in new awards。
Tokai stated that the people's court has actively explored the model of intellectual property identity governance and has been effective in mitigating the rapid growth of intellectual property cases. The supreme law closes the case of patent and technical secret abuse of the “hotamine” invention, which, on the basis of an award of $218 million, leads to a comprehensive settlement, with the aggrieved party obtaining a licence to use it and the rights holder finally receiving $658 million; and securely resolves the series of torts of the “unicorn” enterprise, leading to a settlement of more than 10 patent disputes, light-loading of innovation subjects and a concentrated scientific campaign。
It was described that in 2023, the 10 major intellectual property cases and 50 typical intellectual property cases in chinese courts covered the types of intellectual property rights such as patents, trademarks, copyrights, new varieties of plants, anti-improper competition and monopolies, and covered key core technological innovations, well-known brands at home and abroad, the digital economy, seeding and other priority areas and industries。
In these cases, the people's courts are firmly committed to the subject of high-quality development, strictly protecting the achievements of science, technology and innovation, and providing services for qualitative and productive development. In the case of the new varieties of the tanyu 405 maize plant, the confidence of agricultural scientists was effectively strengthened by the application of punitive damages to enterprises that repeatedly committed a set of abuses, repeated violations, and deliberately demonstrated violations. The case against the technology secret of mushrooms and sugar explores the issue of the identification and compensation for the illegal use of the technical secret of traditional medicinal products, and is positive for the positive innovation of traditional chinese medicine。
In the case of the siemens trademark infringement and unfair competition, the michelin trademark violation, the rafidain trademark violation and unfair competition, the people's court protected the legitimate rights and interests of the chinese and foreign parties on an equal basis under the law, vigorously combated the practice of branding and hitchhiking and defended the legitimate rights and interests of foreign rights holders under the law。
The day of light (230404 edition 2024)
