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CNIPR: “Research Report on the Status of China Patent Infringement Litigation” Released

Published on 10/21 2014  Source: CNIPR

 
Recently, “Research Report on the Status of China Patent Infringement Litigation (1985-2013)” was released by “i-Think Tank” with the Consulting & Training Center of Intellectual Property Publishing House (IPPH).

According to the report, the first patent infringement case emerged in China in 1988 with 5,000 RMB litigation cost at the time. As of December 2013, nearly 20,000 cases of China Patent infringement litigation have been concluded with the expected amounts of more than 2 billion RMB in the first stance. The case with the highest compensation amount was the utility model patent infringement one of Chint Group v. Schneider Electric Low Voltage (Tianjin) Co., Ltd.(SELV), which was decided in the first instance to award compensation amount of 330 million RMB and finally settled with the compensation amount of 157 million RMB.

According to the Ranking of the courts which have accepted first-instance cases of China patent infringement litigation, Guangzhou Intermediate People’s Court is the top-ranked accounting for 21.32% and nearly 13% more than the next court, Ningbo Intermediate People’s Court (8.47%). It is worth mentioning that the No.1 intermediate people’s courts and the No.2 intermediate people’s courts of both Shanghai and Beijing are also ranked in the top ten. “i-Think Tank” believes that the ranking has basically a positive correlation with the regional economic development degree and economic growth quality.

For the cases of patent litigation agents, nearly 90% litigants involved in patent infringement litigation would choose a agency to take part in the proceedings, which results in significantly higher agent rate than 3%-30% agent rate in other civil litigation cases. “i-Think Tank” believes that the high rate of such cases roughly attributes to two aspects. For one thing, the cutting-edge technologies in specific areas and complicated judicial proceedings are always involved in patent infringement litigation, which challenge the parties for themselves to take part in the proceedings without agency. For another, most parties involved in the patent infringement are commercial entities, who would paymore attention on these lawsuits since the win or lose would have significant impact on their commercial market.

On June 5th, Cui Guozhen, Director of the Consulting & Training Center of IPPH, released “Research Report on the Status of China Patent Infringement Litigation (1985-2013)” on 2014 China IPR Strategy Forum which was hosted by Chinese Patent Protection Association, and made the speech titled “To analyze the data of the Status of China Patent Infringement Litigation”. (Translated by Fan Rong; Revised by Shan Yuqiu)
 
Consulting the prices and details about the report, please send the information with “your name+your units+your cellphones+your email+‘infringement litigation report’” to consulting@cnipr.com or to the WeChat number of the “i-Think Tank”.
You are welcome to contact to (086)-(010)-82000860 ext.8371; and you are welcome to further read the published Chinese news related to this issued report:
1. People Net: http://politics.people.com.cn/n/2014/0606/c1026-25115287.html
2. Cnipr: http://www.cnipr.com/CNIPR/izhiku/izhikuview/201407/t20140704_181530.htm