最高人民法院知识产权法庭年度报告（2019）(12)

　　In terms of the source regions of the cases, the top ten include: Beijing Intellectual Property Court (376 cases), Guangzhou Intellectual Property Court (297 cases), Shanghai Intellectual Property Court (143 cases), Nanjing Intellectual Property Tribunal (107 cases), Shenzhen Intellectual Property Tribunal (96 cases), Ningbo Intellectual Property Tribunal (85 cases), Suzhou Intellectual Property Tribunal (71 cases), Hangzhou Intellectual Property Tribunal (70 cases), Qingdao Intellectual Property Tribunal (67 cases), and Jinan Intellectual Property Tribunal (53 cases). The above data roughly reflect the distribution of technology-related IP disputes across the country. It is clear from the above data that economically developed regions tend to have more economic activities involving technology-related intellectual property and accordingly, there are more related disputes.

　　②Statistical analysis of the types of cases accepted

　　Among the 962 civil substantive cases of second instance accepted by the IP Court, there were 454 disputes over infringement of utility model patent rights, 234 disputes over infringement of invention patent rights, 142 disputes over computer software, 40 disputes over patent agency and licensing contracts, 26 disputes over technical contracts, 20 disputes over new plant variety rights, 12 disputes over technical secrets, 9 disputes over monopoly, 9 disputes over patent application rights and patent ownership, 8 disputes over confirmation of non-infringement, 7 disputes over remuneration to service inventors, and 1 dispute over layout design of integrated circuits. The majority of the cases are disputes over infringement of utility model patent rights (47.2%), disputes over infringement of invention patent rights (24.3%), and disputes over computer software (14.8%).

　　Among the 241 administrative cases of second instances accepted by the IP Court, there are 230 cases of administrative grant and affirmation, 7 administrative penalty cases, and 4 other administrative cases. Among the cases of administrative grant and affirmation, there are 80 administrative disputes over invalidation of patent rights, 71 administrative disputes over reexamination of invention patent applications, 57 administrative disputes over invalidation of utility model patent rights, 9 administrative disputes over reexamination of utility model patent applications, and 13 administrative disputes over invalidation of design patent rights. The majority of the cases are administrative disputes over invalidation of invention patent rights (33.2%), administrative disputes over reexamination of invention patent applications (29.5%), and administrative disputes over invalidation of utility model patent rights (23.7%).

　　③ Statistical analysis of judgment results

　　In 2019, the IP Court concluded a total of 1,174 cases of second instance. Among them, 731 cases were concluded with the decisions of the first instance being affirmed; 280 cases were concluded with the appeals being withdrawn, 71 cases were concluded through mediation, with the mediation and withdrawal rate of 29.9%; and 92 cases were concluded by either being sent back for retrial or reversal of decisions on appeal, with the send back and reversal rate of 7.8%. Of the 92 send back for retrial or reversal cases concluded by the IP Court, there were 66 civil substantive cases of second instance, 21 cases of second instance on challenge to jurisdiction, and 5 administrative cases of second instance.

　　Of the 586 civil substantive cases of second instance concluded by the IP Court, 236 were concluded with the decision of the first instance being affirmed; 213 cases were concluded with the appeals being withdrawn, 71 cases were concluded through mediation, with the mediation and withdrawal rate of 48.5%; and 66 cases were concluded by either being sent back for retrial or reversal of decisions on appeal, with the send back and reversal rate of 11.3%.

　　Of the 142 administrative cases of second instance concluded by the IP Court, 126 cases were concluded with the decision of the first instance being upheld; 11 cases were concluded with the appeals being withdrawn; and 5 cases were concluded by reversal of decisions on appeal, with the reversal rate of 3.5%.

　　Of the 446 cases of second instance on challenge to jurisdiction concluded by the IP Court, 369 cases were concluded with the decisions of the first instance being affirmed; 56 cases were concluded with the appeals being withdrawn; and 21 cases were concluded by reversal of decisions on appeal, with the reversal rate of 4.7%.

　　④ Statistical analysis of trial period