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China’s IP Tribunal of the Supreme People’s Court Releases Statistics and Top 10 Influential Cases for 5-Year Anniversary of Founding

On February 22, 2024, the IP Tribunal (IPC) of the Supreme People’s Court released some statistics and the Top 10 Influential Cases for the 5-year anniversary of its founding. The IP Tribunal is somewhat similar to the U.S. Court of Appeals for the Federal Circuit. Interesting data points include:

  • More than 1/5 of cases have foreign-related factors including 1,678 with foreign parties and concluded 1,198 of these cases;
  • There were 2,977 administrative appeal cases related to invalidation in 5 years;
  • The average award for invention patent infringement on appeal was only 2.727 million RMB (~$379 thousand USD);
  • Trade secret misappropriation has yielded high awards including 218 million RMB in the melamine case (of which 80 million was for patent infringement); 202 million RMB in a rubber antioxidant case; and 159 million RMB in the vanillin case. (The IPC also recently upheld a 201.54 million RMB verdict in another trade secret case); and
  • There were 326 trade secret misappropriation cases over the last 5 years.

The full text of the announcement is available here (Chinese only). More information about the Top 10 Influential Cases can be found here.

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Author:
Principal, and Director of the China Intellectual Property Practice

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