2012-09-24 11:34:18
(Published by China Supreme Court on April 19 2012.)
In 2011, the Intellectual Property Division of the Supreme People’s Court accepted a total of 420 different types of new intellectual property cases, a 34.19% increase over the number in 2010. Additionally, there were 46 cases left over from 2010, giving a total of 466 different types of cases sub judice in 2011, of which 423 were concluded. The intellectual property and competition cases heard by the Supreme People’s Court in 2011 had the following characteristics: there was an explosive increase in patent and trademark administrative cases, accounting for an increased percentage of all cases, with a particularly marked increase in cases involving the granting and confirmation of patent and trademark rights, becoming the most conspicuous characteristic of cases last year; the number of new type and difficult cases that require clear legal definition and the giving of specific guidelines to the public due to the fact that the legal provisions are more in the nature of a principle remained high; the number of patent cases continued to increase, with the technical content of such cases continuing to increase, and invention patent cases and cases in high and new technology fields, such as pharmaceuticals, chemicals and communication, showing a marked increase; the percentage of commercial mark cases, particularly trademark cases, increased, with the demand of trademark holders to protect their market interests and define the boundaries of behaviour through legal action ever growing; in copyright cases, the percentage of cases involving emerging industrial fields, such as software, databases and animated films, increased, with new types of copyright subjects for which protection is claimed increasingly arising; and in unfair competition cases, the percentage of unfair competition disputes involving network technologies and new business models as well as trade secret disputes increased. In response to the aforementioned case characteristics, the Supreme People’s Court, in exercising its intellectual property trial functions, displayed the following characteristics: increasing depth in the judicial review of the granting and confirmation of rights by patent and trademark administrative authorities, with the function played by judicial rulings and judgments in determining and understanding the criteria for granting and confirming patent and trademark rights ever standing out, and the guiding function of the judicial protection of intellectual property rights being further brought to bear; while exercising its trial authority in strict accordance with the law, attaching great weight to the guiding function of intellectual property judicial policy in application of the law in new type, difficult and complex cases so as to ensure the correct orientation of the application of the law; relying on and agglomerating social consensus to clarify the meaning of laws and legal boundaries and safeguard the uniform application of intellectual property laws; while intensifying the protection of intellectual property, placing greater emphasis on balancing rights, so as to actively promote the joint benefit and balanced development of all parties with an interest in intellectual property.
2011年，最高人民法院知识产权审判庭全年共新收各类知识产权案件420件，比2010年增长34.19%。另有2010年旧存案件46件，2011全年共有各类在审案件466件，审结423件。2011年最高人民法院审理的知识产权和竞争案件呈现如下特点：专利商标行政案件增长迅猛，在全部案件中所占比重增加，尤其是专利商标授权确权案件增长明显，成为去年最显著的案件特点；因法律规定比较原则需要明确法律边界，给社会公众以具体指引的新类型、疑难案件依然居高不下；专利案件数量持续上升，涉案技术的含金量越来越高，发明专利案件和涉及医药、化工、通信等高新技术领域的案件明显增多；商业标识类案件尤其是商标案件比重增多，商标权人通过诉讼维护市场利益和划定行为界限的需求日益强烈；著作权案件中涉及软件、数据库、动漫等新兴产业领域的案件比重增加，诉争保护的新类型著作权客体不断涌现；不正当竞争案件中涉及网络技术、新型商业模式的不正当竞争纠纷以及商业秘密纠纷的比重增加。与上述案件特点相适应，最高人民法院在行使知识产权审判职能方面呈现出如下特点：对专利商标行政机关授权确权行为的司法审查日渐深入，司法裁判在专利商标授权确权标准的确定和把握方面发挥的作用日益凸显，司法保护知识产权的主导作用进一步发挥；在严格依法行使审判权的同时，重视知识产权司法政策在新型、疑难、复杂案件法律适用中的导向作用，确保法律适用正确方向；依托和凝聚社会共识，明晰法律含义和明确法律边界，维护知识产权法律适用统一；在加大知识产权保护力度的同时，更加注重利益平衡，积极促进知识产权利益各方共同受益和均衡发展。
The Supreme People’s Court has, from among the intellectual property cases it concluded in 2011, derived 44 law application issues with general guiding significance from 34 carefully selected typical cases to prepare and issue this year’s report. The annual reports on intellectual property cases regularly published each year have become an important medium for the Supreme People’s Court to guide intellectual property trial work and an important channel for the public to understand the developments in the Supreme People’s Court’s intellectual property trials, and have increasingly received the general attention of the public and been accorded high importance by relevant parties. The function and significance of the annual case reports in clarifying legal rules, guiding trial practice and giving uniformity to application of the law are ever increasing. Additionally it must still be said that although the criteria and methods of applying the law as summed up in this annual report have a certain general significance, nevertheless, due to the fact that they are knowledge derived by the Supreme People’s Court from new type, complex and difficult issues in the rulings in specific cases, they have a relatively high degree of case specificity and exploratoriness. Furthermore, with the deeper understanding of the relevant issues and the development of the economy, society and culture, the relevant criteria and methods of application of the law also may be revised and changed therewith. Based on the new requirements thrown up by economic, social and cultural development in China and the new expectations of the public in respect of the judicial protection of intellectual property, the Supreme People’s Court will give further impetus to its intellectual property trial functions, legally, impartially and efficiently try cases, duly and effectively respond to the public’s demand in respect of the administration of justice, continuously enhance the authority and credibility of the administration of justice with respect to intellectual property and strive to turn over a new page in the judicial protection of intellectual property.
最高人民法院从2011年审结的知识产权案件中精选出34件典型案件，归纳出44个具有普遍指导意义的法律适用问题，形成本年度报告并予以发布。每年定期发布的知识产权案件年度报告，已经成为最高人民法院指导知识产权审判工作的重要载体和社会公众了解最高人民法院知识产权审判发展动态的重要渠道，并日益受到社会的普遍关注和有关方面的高度重视。案件年度报告在明晰法律规则、指导审判实践、统一法律适用方面的作用和意义也越来越大。同时仍需说明，虽然本年度报告归纳的法律适用标准和方法具有一定普遍意义，但由于其是最高人民法院在具体案件裁判中针对新型、复杂、疑难问题形成的认识，具有较强的个案性和探索性。而且，随着对有关问题认识的深入和经济社会文化的发展，相关法律适用标准和方法也可能会随之发生调整和变化。最高人民法院将根据我国经济社会文化发展的新要求和人民群众对知识产权司法保护的新期待，进一步充分发挥知识产权审判职能作用，依法公正高效审理案件，切实有效回应社会司法需求，不断提升知识产权司法的权威性和公信力，努力开创知识产权司法保护新局面。