Intellectual Property Protection by Chinese Courts (2024)

Table of Contents

Introduction...........................................................................................1

I. Strengthening the Protection of Technological Innovation and Serving the Development of New Quality Productive Forces...............................3

II. Strengthening Judicial Protection of Trademarks and Serving the Construction of a Brand Powerhouse...............................6

III. Strengthening Judicial Protection of Copyright and Promoting Cultural Prosperity and Development...............................8

IV. Strengthening the Protection of Fair Competition and Facilitating the Construction of a Unified Market........................ 11

V. Deepening Reform and Innovation and Promoting Synergy in Protection........................... 13

VI. Strengthening International Intellectual Property Adjudication and Serving High-Level Opening-Up............. 17

Conclusion................................................................................ 19

Appendix: Key Data on Intellectual Property Cases in Chinese Courts in 2024........................ 20

Special Remarks

"Intellectual Property Protection by Chinese Courts (2024)" is published in both Chinese and English. The Chinese version shall be the authoritative version for interpretation purposes.

Introduction

In 2024, the people's courts adhered to Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as guidance, fully implemented the guiding principles of the 20th National Congress of the Communist Party of China and the Second and Third Plenary Sessions of the 20th Central Committee, thoroughly implemented Xi Jinping Thought on the Rule of Law, firmly established the concept that protecting intellectual property rights is protecting innovation, fully leveraged the adjudicative function of intellectual property rights, strengthened protection through strict and impartial justice, and enhanced incentives through sound institutional development. Throughout the year, courts nationwide received approximately 529,370 new intellectual property cases and concluded 543,911 cases, effectively serving the development of new quality productive forces and advancing the construction of a strong intellectual property nation.

Notable achievements were made in serving high-quality development. The courts strengthened judicial protection of intellectual property rights in emerging industries and promoted the transformation and application of innovative achievements. They leveraged the advantages of centralized adjudication in technical cases such as invention patents, lawfully applied litigation preservation measures and punitive damages, and significantly increased the costs of infringement and illegal activities. Punitive damages were applied in 460 cases involving serious malicious infringement, representing a year-on-year increase of 44.2%. The courts balanced strict protection with prevention of rights abuse, addressed abnormal intellectual property litigation, explored mechanisms for information disclosure in related cases, strengthened judicial decisions on regional monopolies and unfair competition, and served the construction of a unified national market. Through fair and efficient intellectual property adjudication, they supported innovation-driven development, advanced the construction of a brand powerhouse, and maintained a sound market environment.

The system of judicial rules was continuously improved. Based on the guiding, standardizing, and safeguarding role of the judiciary, the courts promptly issued judicial interpretations and guiding opinions addressing complex legal application issues in intellectual property adjudication practice. They vigorously strengthened the development of case databases in people's courts, with 781 intellectual property cases selected for inclusion in the people's courts case database, providing case references and rule guidance for legal application standards, effectively promoting the unification of adjudication standards, and providing innovative entities with clear, stable, and predictable legal boundaries and behavioral rules.

The adjudication mechanism and system were increasingly improved. A specialized adjudication system has basically taken shape, led by the Third Civil Division and the Intellectual Property Court of the Supreme People's Court, demonstrated by four intellectual property courts, centered on 30 intellectual property tribunals of local courts, and supported by intellectual property adjudication departments at all court levels. The courts promoted the continuous deepening of reform in the appellate mechanism for intellectual property cases at the national level, further optimized the jurisdictional layout of intellectual property cases, deeply advanced the "three-in-one" adjudication mechanism reform for intellectual property cases, improved the professional level of intellectual property judicial teams, and continuously enhanced the diversified mechanism for ascertaining technical facts.

International influence continued to increase. The courts fairly and efficiently adjudicated foreign-related intellectual property cases and equally protected the legitimate rights and interests of both Chinese and foreign rights holders in accordance with the law. They deeply participated in global intellectual property governance, focused on international science, technology, and legal frontier practices, made more judicial decisions with rule-leading significance in the international arena based on influential cases, and promoted the development of the global intellectual property governance system toward greater fairness and rationality. They strived to make each judicial case a window showcasing the image of the rule of law in China, demonstrating China's confidence and determination to protect innovation and maintain openness and inclusiveness, making positive contributions to global innovation.

本文由AI辅助翻译

This article was translated with AI assistance.