2012年中国法院知识产权司法保护状况(英文)(4)
Adjudication of intellectual property-related administrative actions further the support and supervision of administrative authorities to ensure lawful operations
In 2012,by granting and validating intellectual property rights and judicial review of administrative enforcements, the people’s courts have streamlined and improved upon the review criteria for granting and validating intellectual property rights, and in regulating administrative operations for matters relating to intellectual property.
The local courts accepted 2,928 intellectual property-related administrative cases of first instance, 20.35% more than last year, and closed 2,899 cases, 17.37% more than last year. Of those accepted, the breakdown by intellectual property branch and percentage change compared to last year is: 760 patent cases, 16.21% higher; 2150 trademark cases, 21.68% higher; 3 copyright cases, 50% higher; 15 cases of other categories, 50% higher.
The number of first instance cases involving foreign parties or Hong Kong, Macao or Taiwan parties continued to account for a large percentage of the cases. Total number of cases was 1,349, representing 46.53% of the concluded intellectual property-related administrative cases of first instance; 1,127 of the above cases involved foreign parties, 109 Hong Kong parties, 0 Macao parties and 113 Taiwan parties.
Total intellectual property-related administrative cases of second instance accepted and concluded by the local courts was 1,424 and 1,388 respectively. Of the concluded cases, 1,225 were affirmed, 118 reversed, 3 remanded for retrial (chongshen), 22 withdrawn, 15 dismissed; in 1 case, the original ruling was revoked and an order issued to docket the case for hearing; 4 other cases were disposed of through other methods.
SPC accepted 98 intellectual property-related administrative cases and concluded 98. Of the concluded cases, 70 cases or 72.16% were dismissed; tishen orders (similar to certiorari) were issued for 20 cases or 20.41%, 2 cases or 2.04%were ordered to reopen (zaishen); 5 cases or 5.10% were withdrawn; 1 case or 1.02% was disposed through other methods.
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