Source:Original Article|Author:Ice Tang|Publish time: 2017-09-13|9 Views
Beijing, shanghai and Guangzhou Intellectual Property Courts were officially established on Nov. 12, 2014. The Supreme People’s Court of China released, on Aug. 29, 2017, “Annunal Report on Cases Heard by Intellectual Property Courts”, which summarized the work the three specialized courts have done till June 6, 2017.
The three IP courts have handled in total 46071 cases by June 2017, among which 33135 cases were completed. 7041 cases arose from patent disputes, most of which relate to high technologies, like drones and 4G telecommunications. 1462 cases were concerned with trademark disputes, addressing issues related to the use and protection of an old and famous band, and to trademark infringement actiions like counterfeit trademarks and malicious trademark cybersquatting, etc. Among the total cases completed, 11664 cases relate to copyrights, and 564 cases relate to unfair competition and monopoly.
Highest Monetary Award of RMB 49,000,000
Intellectual Property Courts duly raised the standard for monetary award, and granted punitative awards to those malicious trademark infringement actions. For those willful and repeated infringements of other types intellectual properties, the Courts granted the monetary award based on the commertial value of the infringed products, and held the infringer liable for the litigation cost including the attorney fee.
In November 2016, Beijing Intellectual Property Court granted the highest monetary award of RMB 49,000,000. Watchdata, a Beijing Company, sued Hengbao company for infringing the patent No. ZL200510105502.1 by manufacturing, and selling U aegis to a great number of commertial banks. Beijing Intellectual Property Court granted the monetary award of RMB 49,000,000 which the plaintiff claimed, and for the very first time, granted the plaintiff an attorney fee of RMB 1,000,000 calculated based on the attorney’s hourly rate.