Data on IPR Development in China, 2011 - Bridge IP Law Commentary

In recent, the News Office of the State Council held a news conference (note: the link is in Chinese), releasing the data on China IPR development in 2011, and the details are as follows:

Under the unified deployment of special acts by the State Council in combating the IPR infringement and the production and selling of the fake and substandard products, the filed cases in the administration of each level are 155, 900 with the involved amount of CNY 3.43 billion, 1, 702 cases were transferred to judicial organs and 9, 135 shelters were shut down.

43, 550 cases were investigated by the police department, 54, 658 criminal suspects were arrested, 32, 573 shelters of fake and substandard products were shut down and 7, 731 criminal gangs were destroyed. The amount of the money involved totaled CNY 24.15 billion.

In 2011, the procuratorates of each level approved the arrestment in 3, 532 cases of counterfeiting infringement, examined the prosecution of 5, 690 cases and approved to arrest 5, 952 people.

The newly filed IPR criminal cases of 1^st instance in the courts throughout the nation were 5, 707 and 5, 504 cases settled; the newly filed IPR civil cases were 59, 882 and 58, 201 cases settled; the newly filed administrative IPR cases were 2, 433 and 2,470 were settled.

More than 18, 000 installments of infringing products were detained by the custom houses in the country with more than 103 million pieces were involved.

90, 701 cases of counterfeiting infringement were investigated by the administration of industry and commerce of each level, among which the infringement against trademark exclusive right were 13, 831, cases of trademark exclusive right with foreign affairs involved were 13, 179, cases of geographical indication exclusive right were 648, the penalty thereby adjudicated totaled CNY 50, 771.81 and 757 cases was transferred to the judicial organ.

In 2011, the accepted filing for the patent of invention, utility and design totaled 1.63 million cases, among which the invention occupied 526, 000 cases. The valid invention owned were 697, 000 pieces with the ones owned by domestic subjects were 351, 000 pieces which first surpass those owned by overseas subjects. The PCT application accepted in the year totaled 17, 500 cases which enjoyed a year on year increase of 35.5% and the most rapid increase rate in the country.

The accepted trademark application totaled 1. 42 million cases enjoying a year on year increase of 32.14%. Until the end of 2011, the accumulative application amount of trademark totaled 9. 71 million cases with accumulatively 6.65 million cases were registered and valid registered trademarks of 5.51 million cases, which both occupy first throughout the world.

The yearly copyright registration amount was 109, 300 which saw a year on year increase rate of 33.4%. The plant variety application accepted was 1, 392 with 255 were granted the right. The trademark of geographic indication, group trademark and preliminarily approved trademark totaled 1, 381.

By the end of March in 2012, the invention patent accepted reached 3 million cases and 930, 000 cases were granted the right; the valid patent had been 351, 000 pieces till the end of 2011.

By the end of 2011, the registered market subjects, including private business totaled 5, 062, but the registered trademarks only totaled 5.51 million pieces, that means 1 trademark would be applied among each 9 market subjects, also it could be seen that the sense to promote self development with trademark application by the market subjects are poor.

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You Yunting

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