On August 16, the University of Political Science and Law released the Data Analysis Report on Judicial Protection of Intellectual Property Rights in the Internet Field. The report reviewed a series of litigation cases and related data on China's intellectual property judicial trials over the past 20 years and found that: By comparing the win rates of IPR cases of various Internet enterprises, a higher than 70% is achieved by internet enterprises in their IPR-related cases, and the winning rate does not vary much within the range of 80% to 90% where the internet enterprises are plaintiff. No enterprise outstands from others with significantly higher or lower winning rate. The report further points out that Chinese courts handle IPR cases of Internet enterprises with an overall balanced and uniform scale of adjudication, adhere to judicial neutrality, and do not have special preference in term of geographic location, industrial field or certain enterprise. By selecting Beijing, Hangzhou and Shenzhen as the geographical variables, 2018 to 2020 as timeframe, and awareness of IP protection and ability of management of the enterprises as factors, the report points out that Beijing, Hangzhou and Shenzhen treat each internet enterprise equally and neutrally, and there are no obvious differences depending on the domicile of internet enterprises. There is no so-called "home/away" effect in courts' handling of IPR cases of internet enterprises, and can adhere to the principle of "fact-based and law-based", no local protectionism. At the same time, judicial protection of intellectual property plays a role in promoting independent innovation and upgrading technology industries. The report shows that, in the background of increased protection of intellectual property rights in general, enterprises also maintain an optimistic attitude towards investment in science and technology innovation. According to a survey, 38.2% of the enterprise patent owners expect the income from patent implementation to increase in the coming year, 35.1% expect the income to remain the same, only 3.8% expect the income to decrease, and the proportion of those who choose "unclear" is 22.9%. The fact that corporate patent owners in China are generally optimistic about the future growth of patent utilization revenue reflects, to a certain extent, the incentive effect of improved IP judicial protection. http://www.ccpit.org/Contents/Channel_4133/2021/0823/1361654/content_1361654.htm AFD China Newsletter is intended to provide our clients and business partners information only. The information provided on the newsletter should not be considered as professional advice, and should not form the basis of any business decisions.
