The shenzhen intellectual property protection centre, through its comprehensive collection of the shenzhen corporation's 2023 ipr litigation in the united states federal district court and the 337 investigation cases in the united states international trade commission, focused on analysing the overall situation of the case, as well as the industry distribution, regional distribution, high-frequency plaintiffs, awards, etc. Of the cases filed and closed. It explored in depth the characteristics of shenzhen's intellectual property dispute in the united states, summarized key changes in united states rules of intellectual property rights in 2023, summarized practical recommendations for responding to relevant trends, and provided guidance and reference for enterprises defending intellectual property rights in the united states。
In 2023, shenzhen enterprises in general had the following characteristics in their intellectual property disputes in the united states:
I. Shenzhen foreign trade exports are large and intellectual property disputes abroad are frequent
Shenzhen, as the country's largest market for foreign trade, has grown exports throughout the country. The data show that in 2023 shenzhen city exports and imports amounted to 387 trillion yuan, representing an increase of 5. 9 per cent, which is the highest ever, with 2nd place in the interior city, with exports of 2. 46 trillion yuan, an increase of 12. 5 per cent, the largest in the interior city for 31 consecutive years. The united states is one of the main exporters of shenzhen enterprises, and its foreign trade products continue to develop in the united states market, with increased risks, and intellectual property claims are frequently used by overseas competitors as a means of commercial competition. In 2023, the shenzhen enterprise's number of ipr litigation cases involving the united states federal district court continued to grow, with the complexity of cases increasing, with individual cases involving multiple types of ipr, including 148 patent litigations, or 38. 3 per cent over the same period; 129 copyright litigations, or 12. 2 per cent over the same period; and 280 trademark litigations, or 6. 9 per cent over the same period。
Ii. Increased capacity to respond to overseas disputes and to actively apply rules to protect rights
In recent years, shenzhen enterprises have initiated an increasing number of initiatives abroad, citing the united states federal district court patent action. In 2020-2023, shenzhen enterprises, as plaintiffs, accounted for 3. 2 per cent, 11. 8 per cent, 24. 3 per cent and 27. 0 per cent, respectively. An increasing number of shenzhen enterprises have volunteered to use intellectual property weapons in their businesses. In 2023, a jury decision was rendered in the case of patent infringement by a leading company in an empty technology industry in shenzhen and a united states company, which was awarded high compensation. The shenzhen enterprise has since adopted a number of targeted measures that have resulted in strong reciprocity, including the filing of four patent suits against the united states company in the united states federal district court and the successful capture of each other's weaknesses through the use of the united states judicial evidence disclosure system, thereby taking a proactive position in the proceedings. Eventually, the patent dispute between the parties was withdrawn。
Iii. Positive results of major cases to safeguard the safety of the “off-shore” industry
In 2023, the final findings of the 337 investigation were favourable, with the plaintiffs taking the initiative to withdraw, settle, terminate the investigation by giving an order to terminate the investigation, and determine non-violation, totalling 78. 3 per cent, a significant increase over 2022 (47. 6 per cent), involving high-end medical devices, software and information services, intelligent robot industry, etc. The measures of relief under investigation are severe and, if the itc issue a general exclusion order, u. S. Customs will prohibit all products of the same kind from entering the u. S. Market, regardless of origin, which means that they will not only adversely affect particular businesses, including the industries in which they operate. A number of significant cases have had positive results and played an important role in the safety of the “off-shore” industry. The response of medium-sized enterprises in 337 investigation cases is also growing, with positive results from a relatively large stock of intellectual property rights and the global use of anti-competitive practices such as patents ineffectiveness, transnational litigation and customs enforcement。
Iv. Transfer of transnational equipment to electronic competition and competition to technology-intensive production
Shenzhen's cross-border electrician industry has evolved from its early “wilderful growth” to its present “virtuous forestry”, and the spontaneous and benign competition within the industry has made it possible for high-quality enterprises to evolve rapidly, with shenzhen's cross-border electric power company listing 10 enterprises, ranking first in the country. As a result, the multiplication of united states cross-border electrician litigation has gradually spread from traditional industries such as garments and toys in previous years to technology-intensive industries, with most technology-intensive industries generally experiencing types of disputes in patent litigation (17. 8 per cent in 2023, a significant increase compared to 6. 5 per cent in 2022). In 2023, more than 56. 8 per cent of the united states federal district court patent litigation involving shenzhen enterprises involved cross-border electric operators, with the number of cases increasing by 29. 0 per cent compared to 2022 and involving the internet and communications, intelligence terminals, etc。
V. Increased awareness and capacity of msmes to respond to disputes
In recent years, in the face of overseas intellectual property disputes, industrial giants have effectively countered and restrained their rivals with extensive litigation experience, and many msmes have grown in awareness and capacity to respond. For example, shenzhen's cross-border electric operators have flourished and have been targeted by overseas plaintiffs, with more than 95 per cent of cross-border electric operators being msmes. This sector of msmes generally accounted for more than 61 per cent of default decisions in previous years ' litigation, and improved in 2023. In the case of the united states federal district court, for example, copyright litigation, 54 per cent of cases were closed because of default, a significant decrease compared to 2022 (67. 6 per cent). A number of active cross-border electricians have generally been able to reach a settlement with the united states plaintiffs in a relatively short period of time to unfreeze the funds account and resume normal operations. Increased corporate intellectual property awareness capacity will further promote healthy and orderly industrial development。
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