2012年中国法院知识产权司法保护状况(英文)(5)
SPC reviewed 24 tishen cases and concluded 22. Of those concluded, SPC affirmed the original decision for 5 cases, or 22.73%; reversed the decision for 16 cases, or 72.73%. 1 case, or 4.55%, withdrew.
High profile administrative cases include: Wei Tingjian vs. Tiansi Pharmaceutical & Health Co., Ltd, Trademark Review and Adjudication Board of the State Administration of Industry & Commerce, involving an administrative dispute concerning the cancellation of review; Suzhou Dingsheng Food Co., Ltd vs. Suzhou Administration Bureau of Industry & Commerce, Jiangsu Province, involving the administrative sanction of infringement of the “乐活LOHAS” trademark.
Better leverage of criminal adjudication to sanction and prevent infringement of intellectual property
In 2012, the people’s courts have stepped up the criminal enforcement of intellectual property to sanction and prevent infringement of intellectual property.
For intellectual property-related criminal cases of first instance handled by local courts, new filings increased by 129.61% to 13,104 cases, including 7,840 intellectual property infringement cases (4,664 involved infringement of registered trademarks, such as use of counterfeit marks), 150.16% higher than last year; 2,607 were intellectual property infringement cases involving the crime of production and sale of fake or inferior goods, 236.82% higher than last year; 2,587 were intellectual property infringement cases involving the crime of illegal business operations, 48.08% higher than last year; 70 were cases of other nature, 34.62% higher than last year.
The number of intellectual property-related criminal cases of first instance concluded by the local courts has increased by 132.45%, to 12,794 cases. The number of persons against whom judgments were effective totalled 15,518, 54.33% higher than last year, including 15,338 who were given criminal sanctions, year-on-year increase is 94.35%. Of the concluded cases, 7,684 involved infringement of intellectual property; 2,504 involved production and sale of fake and inferior goods (involving intellectual property infringement); 2,535 involved illegal business operations (involving intellectual property infringement); 71 were of other nature (involving intellectual property infringement).
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