New Development of Judicial Protection of Intellectual Property in China Intellectual Property Tribunal, the Supreme People Court, PRC Jin Kesheng

Cases of intellectual Property proceedings are increasing rapidly and continuously. National local courts newly received and completed 42,931 and 41,718 civil pleas of first instance concerning intellectual property in 2010, increased by 40.18% and 36.74% over the last year respectively. National local courts received 5,785 cases concerning patent disputes, increased 30.82% than the last year. 1.Implement Constitutional and legal obligations, and see new development of trial of intellectual property proceedings

National courts received and completed 6,522 and 6,481 civil pleas of second instance concerning intellectual property in 2010, increased by 22.13% and 18.01% than the last year respectively. The Supreme People’s Courts received and completed 313 and 317 civil pleas concerning intellectual property in 2010, thereinto 198 newly received petitions of retrial and 206 completed. 1.Implement Constitutional and legal obligations, and see new development of trial of intellectual property proceedings

National local courts newly received and completed 2,590 and 2,391 administrative cases of first instance concerning intellectual property in 2010, increased by 25% and 21.31% over the last year respectively. National local courts newly received 551 cases concerning patent disputes, decreased by 17.51% over the last year, and 2,026 cases concerning trade mark disputes, increased by 47.23% over the last year. The Supreme People’s Court newly received and completely 60 and 56 administrative cases concerning intellectual property in Implement Constitutional and legal obligations, and see new development of trial of intellectual property proceedings

As a whole, cases concerning intellectual property show a series of features which are mainly as follows: the amount of cases, new types of cases, momentous and complicated cases, cases concerning foreign affairs and difficulty of case trial are increasing continuously, and the extent of social concerns is upgrading continuously. 1.Implement Constitutional and legal obligations, and see new development of trial of intellectual property proceedings

2 ． Actively serve the overall interests of economic and social development, and thoroughly implement national strategy of intellectual property The Supreme People’s Court issued “Opinions on several problems concerning implementing and applying national strategy of intellectual property” on Mar 23, The Supreme People’s Court issued a notice on Apr. 9, 2009 that national courts organized an annual thematic movement of “improving independently innovative judicial environment” in trial of intellectual property cases. The Supreme People’s Court issued “several opinions on providing judicial safeguard and service for accelerating the transformation of economical development mode”.

3. Standardize the criteria to applying laws concerning intellectual property, and strengthen trial inspection and business guide continuously Choice and announcement of “Top 10 cases and 50 typical cases of judicial protection concerning intellectual property of national courts”. The Supreme People’s Court set up the system of “The Supreme People’s Court Annual Report of Cases Concerning Intellectual Property” in The Supreme People’s Court set up the system of “white paper of intellectual property protection” in The Supreme People’s Court issued the white paper of “Judicial Protection of Intellectual Property by Chinese Courts” in Chinese and English version in April of 2010 and 2011.

Thank You ！ September,2011