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Data of Cases on the 5th Anniversary of the Establishment of the Intellectual Property Tribunal of the Supreme People's Court (I)

View: 170     Date: 2024-04-08 09:23

Since the establishment of the Intellectual Property Tribunal of the Supreme People's Court on January 1, 2019, second instance administrative cases concerning intellectual property have been concentrated in the Supreme People's Court for trial. Recently, the Intellectual Property Tribunal of the Supreme People's Court has released the 2023 annual report. Now, combined with the annual report of each year from 2019 to 2023, we summarized the overall data and annual change trends of administrative substantive cases of second instance from 2019 to 2023.

 

The overall data:

From 2019 to 2023, a total of 4,365 administrative substantive cases of second instance were filed and 3,373 administrative substantive cases of second instance were concluded. Of the 3,373 administrative cases concluded, 2,903, or 86.1 %, were concluded by upholding the trial judgment; 217 cases, or 6.4 %, were closed by withdrawal; Five cases, or 0.15 % were closed by remanding for retrial; 241 cases, or 7.1 %, were closed by reversal; And seven cases, or 0.2 %, were closed by other means.

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Chart 1 The closing methods of administrative substantive cases of second instance in 2019-2023

 

Annual data:


2019

2020

2021

2022

2023

Newly received (cases)

241

670

1290

887

1277

Trends (%)

/

178% ↑

93% ↑

21% ↓

44% ↑

Chart 2 New administrative substantive cases of second instance received in 2019-2023

 


2019

2020

2021

2022

2023

Case closed (cases)

142

494

971

855

911

Trends (%)

/

248% ↑

97% ↑

12% ↓

7% ↑

Chart 3 New administrative substantive cases of second instance received in 2019-2023

 

2019: Of the 142 administrative substantive cases of second instance concluded by the Tribunal, 126 were concluded by upholding the original trial judgment, with a upholding rate of 88.7%; 11 cases were closed by the way of withdrawal, with a withdrawal rate of 7.8 %; Five cases were closed by reversal, with an appeal reversal rate of 3.5 %; No cases were remanded for retrial.

 

2020: Of the 494 administrative substantive cases of second instance concluded by the Tribunal, 430 cases were concluded by upholding the original trial judgment; 22 cases were closed by withdrawal, with a withdrawal rate of 5 %; Two cases were closed by remanding for retrial, with a retrial rate of 0.4 %; 37 cases were closed by reversal, with an appeal reversal rate of 7.6 %; And 3 cases were closed by other means.

 

2021: Of the 971 administrative substantive cases of second instance concluded by the Tribunal, 862 cases were concluded by upholding the original trial judgment, with a upholding rate of 88.8 %; 43 cases were closed by withdrawal, with a withdrawal rate of 4.4 %; 64 cases were closed by reversal, with an appeal reversal rate of 6.6 %; No cases were remanded for retrial and 2 cases were closed by other means.

 

2022: Of the 855 administrative substantive cases of second instance concluded by the Tribunal, 745 cases were concluded by upholding the original trial judgment, with a upholding rate of 87.1 %; 55 cases were closed by the way of withdrawal, with a withdrawal rate of 6.4 %; Three cases were closed by remanding for retrial, with a retrial rate of 0.4 %; 50 cases were closed by reversal, with an appeal reversal rate of 5.8 %; And 2 cases were closed by other means.

 

2023: Of the 911 administrative substantive cases of second instance concluded by the Tribunal, 740 cases were concluded by upholding the original trial judgment, a upholding rate of 81.2 %; 86 cases were closed by the way of withdrawal, a withdrawal rate of 9.4 %; 85 cases were closed by reversal, with an appeal reversal rate of 9.3 %; No cases were remanded for retrial.

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Chart 4 The closing methods of administrative substantive cases of second instance in 2019-2023