2023/5/6 14:41:56
总述
In 2022, the Intellectual Property Tribunal of the Supreme People's Court accepted 6183 cases involving IPR litigations involving technologies and monopoly appeals, marking an increase of 18% compared with the same period in 2021.
2022年,最高人民法院知识产权法庭共受理技术类知识产权和垄断上诉案件6183件,与2021年同期相比,受案数量增长18%。
3468 cases were concluded, with 2040 maintaining the original judgment; and 18.1%, 7.7%, 0.5%, and 13% of the total were closed through withdrawal, mediation, remand for retrial, and change of judgment, respectively.
审结3468件,以维持原判结案2040件,以撤诉、调解、发回重审、改判方式结案分别占比18.1%、7.7%、0.5%、13%。
In 2022, the court received 457 new cases involving foreign countries and Hong Kong, Macao, and Taiwan, accounting for 10.4% of the total, marking a year-on-year increase of 4.6%.
2022年,法庭新收涉外、涉港澳台案件457件,占新收案件10.4%,同比增长4.6%。
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审理周期
The average trial period for various types of cases is 165.2 calendar days. Among them, the average trial period for jurisdictional cases is 28.6 calendar days, 179 calendar days for civil cases of second instance, and 215 calendar days for administrative cases of second instance.
各类案件结案平均审理周期165.2个自然日。其中,管辖案件平均审理周期28.6个自然日,民事二审实体案件179个自然日,行政二审案件215个自然日。
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案件分类数据
2956 new civil cases of second instance were received, marking a year-on-year increase of 15.1% and constant growth for four consecutive years.
新收民事二审实体案件2956件,同比增长15.1%,连续四年保持增长;其中:
Among them, there were 615 disputes over infringement of invention patent rights, marking a year-on-year increase of 6.8%, and 968 disputes over infringement of utility model patent rights. All combined, they accounted for 53.5% of civil cases, marking an increase of 14.5% compared to 2021.
侵害发明专利权纠纷615件,同比增长6.8%;侵害实用新型专利权纠纷968件,两项综合占民事实体案件的53.5%,较2021年增长14.5%。
There were 312 disputes over patent application rights and patent ownership, marking a year-on-year increase of 88.7%.
专利申请权及专利权权属纠纷312件,同比增长88.7%;
There were 78 disputes over technical secrets and 648 computer software disputes, marking a year-on-year increase of 9.3%; There were 96 technical intellectual property contract disputes.
技术秘密纠纷78件;计算机软件纠纷648件,同比增长9.3%;技术类知识产权合同纠纷96件。
887 administrative cases of second instance were accepted, marking a year-on-year decrease of 403 cases.
受理行政二审案件887件,收案数量同比减少403件。
Among them, there were 241 administrative disputes over reexamination on rejection of invention patent applications, marking a year-on-year decrease of 47.3%;
其中:发明专利申请驳回复审行政纠纷241件,同比下降47.3%;
234 administrative disputes over invalidation of invention patent rights, marking a year-on-year decrease of 17.3%;
发明专利权无效行政纠纷234件,同比下降17.3%;
27 administrative disputes over reexamination on rejection of utility model patent applications, marking a year-on-year decrease of 25%;
实用新型专利申请驳回复审行政纠纷27件,同比下降25%;
207 administrative disputes over the invalidation of utility model patent rights, marking a year-on-year decrease of 11.5%;
实用新型专利权无效行政纠纷207件,同比下降11.5%;
84 administrative disputes over invalidation of design patent rights;
外观设计专利权无效行政纠纷84件;
3 administrative disputes over new plant varieties and 2 administrative disputes over integrated circuit layout design, which was the first time the court accepted administrative disputes over integrated circuit layout design.
植物新品种行政纠纷3件;集成电路布图设计行政纠纷2件,这是法庭首次受理集成电路布图设计行政纠纷。
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垄断案件
In 2022, a total of 83 monopoly cases were accepted.
Among them, 47 were new monopoly cases of second instance. 57 have been concluded, with multiple cases having typical significance and significant social impact.
2022年共受理垄断案件83件,其中:新收垄断二审案件47件,审结57件,多起案件具有典型意义并产生较大社会影响。
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植物新品种案件
(1) The number of cases involving disputes over the rights of new plant varieties continues to grow, and there is a significant increase in disputes over the rights of economic and ornamental crop varieties.
(1)涉植物新品种权纠纷案件持续增长,且呈现出经济观赏类作物品种权纠纷显著增加;
In 2022, 144 disputes over the right to new plant species were accepted, marking an increase of 112.7% compared to 2021;
2022年受理植物新品种权纠纷144件,相较于2021年增长112.7%;
(2) The variety rights holder's litigation and rights protection paths were diversified and the types of infringement entities became complex. There was also increasing difficulty in balancing interests, and there were new changes in the entities of responsibility and the concealment of infringement behavior.
(2)品种权人诉讼维权路径多样化、侵权主体类型复杂,利益平衡难度增大、责任承担主体和侵权行为隐蔽性出现新变化。
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涉战略新兴产业
In 2022, there were 1338 new cases involving strategic emerging industries, accounting for 30.4% of the total, marking an increase of 3.5 percentage points compared to 2021.
2022年新收涉战略新兴产业案件1338件,占全部新收案件的30.4%,较2021年提高3.5个百分点。
There has been a significant increase in cases involving new industries and fields such as next-generation information technology, biopharmaceuticals, high-end equipment manufacturing, and standard essential patents.
其中涉新一代信息技术、生物医药、高端装备制造、标准必要专利等新产业、新领域案件明显增多。
The strength of judicial protection was conspicuous. In the two cases concerning the secret infringement of "melamine" patent and technology, a compensation of RMB 218 million was awarded, signifying the strength of judicial protection and equal treatment of various enterprises.
司法保护力度凸显。在"蜜胺"专利及技术秘密侵权关联两案中,判赔2.18亿元。彰显司法保护力度和对各类企业的平等对待。
感谢收听!
本期双语播报员:三友-王培