On April 22, the 2023 Top 10 Intellectual Property Cases and 50 Exemplary Intellectual Property Cases of Chinese Courts were released. These cases cover various types of intellectual property including patents, trademarks, copyrights, plant variety rights, anti-unfair competition, and monopolies. They involve key core technological innovations, well-known domestic and international brands, the digital economy, seed industry, and other key areas and industries of the new era. The following trends in judicial adjudication can be observed:

1. Strict Protection and Punitive Damages

Widespread Use of Punitive Damages:

Number of Cases: In 2023, courts across the country applied punitive damages in 319 intellectual property civil infringement cases, with awarded damages amounting to 1.16 billion yuan.

Typical Cases: For example, in the "Panpan" trademark infringement case, the court applied four times punitive damages for malicious brand association, with damages exceeding 100 million yuan. In the "Rubber Anti-Aging Agent" trade secret infringement case, the awarded damages amounted to 202 million yuan, setting a new high for similar cases (QQ News).

2. Innovation Protection and High-Tech Fields

Increase in High-Tech Field Cases:

Scope of Adjudication: Courts adjudicated intellectual property cases involving high-tech fields such as 5G communications, quantum technology, artificial intelligence, biomedicine, high-end equipment manufacturing, etc.

Case Analysis: For example, in the "Melamine" invention patent and trade secret infringement case, the court awarded 218 million yuan in damages. In the execution phase, a comprehensive settlement was reached, allowing the infringer to obtain a license, and the right holder finally received 658 million yuan.

3. Social Concerns and Emerging Business Models

Responding to Social Concerns:

Youth Protection: In the "Youth Mode" unfair competition case, the court guided online service providers to consciously fulfill their social responsibility to protect minors.

Public Services: In the "Basic Funeral Services" refusal to trade dispute case, the court lawfully restrained the abusive market dominance behavior of public utility enterprises in the funeral industry, protecting the interests of the public and small and medium-sized enterprises.

4. Data Protection and Digital Economy

Exploration of New Technology Adjudication Rules:

Digital Economy: The court explored adjudication rules and clarified the boundaries of rights protection in cases involving copyright protection of navigation electronic map data, illegal data scraping, and resale.

Artificial Intelligence: The court strengthened judicial protection research on artificial intelligence technology, conducted special research on data property rights protection in new types of cases, and improved adjudication rules for data protection.

5. International Protection and Equal Protection

Increase in International Cases and Equal Protection:

Growth in Foreign-Related Cases: First-instance foreign-related cases increased by 42.49% year-on-year, reflecting China's growing attractiveness as a preferred destination for international commercial dispute resolution.

Protection of Foreign Rights Holders: For example, in the "Siemens" trademark infringement and unfair competition case, the court equally protected the legitimate rights and interests of Chinese and foreign parties, effectively addressing the concerns of foreign investors regarding intellectual property protection.

6. Agricultural and Traditional Intellectual Property

Agricultural Intellectual Property Protection:

Plant Variety Rights: In the "Danyu 405" corn plant variety infringement case, the court applied punitive damages to enterprises that repeatedly engaged in counterfeiting, effectively boosting the confidence of agricultural researchers.

Traditional Chinese Medicine Protection: In the "Lentinan" trade secret infringement case, the court explored the recognition and compensation issues related to the trade secrets of traditional genuine medicinal materials, which is of positive significance for the innovation and protection of traditional Chinese medicine.

Conclusion

In 2023, Chinese courts not only emphasized strict protection and punitive damages in intellectual property adjudication but also actively responded to the challenges brought by new technologies and emerging business models, strengthened international cooperation, protected the legitimate rights and interests of domestic and foreign rights holders, and promoted technological innovation and industrial upgrading. These trends reflect China's progress and efforts in the field of intellectual property protection, providing strong judicial support for innovation-driven development.