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Remand Rate of the Intellectual Property Tribunal of the Supreme People's Court

  Time:2021.03.18  

Written by Tianxia Jia and Edited by Liu Ming(Ms.)


Judgment statistics: In 2020, a total of 2787 cases were concluded by the Intellectual Property Tribunal of the Supreme People's Court. Among them, 1,667 cases were closed by maintaining the original judgment, 539 cases were closed by withdrawal, 158 cases were closed by mediation, with a mediation rate of 25%, and 405 cases were closed by remand for retrial, and the rate of remand was 15%. 18 cases were closed in other ways.


Among the 1,742 substantive civil cases of second instance concluded, 779 cases were closed by maintaining the original judgment, 463 cases were closed by withdrawal, 158 cases were closed by mediation, and the mediation rate was 36%, and 339 cases were closed by remand for retrial or revised judgment. The remand rate was 19%, and 3 cases were closed by other ways.
 
Among the 494 administrative second-instance cases concluded, 430 cases were closed by maintaining the original judgment, 22 cases were closed by withdrawal, with a withdrawal rate of 5%, 39 cases were closed by remand or retrial, and the remand rate was 8%. Others 3 cases were closed by other ways.
 
Data source: Annual Report of the Intellectual Property Tribunal of the Supreme People's Court (2020)
 
In 2019, 1,174 second-instance cases were concluded by the Intellectual Property Tribunalof the Supreme People's Court. Among them, 731 cases were closed by maintaining the original judgment, 280 cases were closed by withdrawal, 71 cases were closed by mediation, and the transfer rate was 29.9%, and 92 cases were closed by the remand or retrial. The rate is 7.8%. Among the 92 remand cases, 66 cases were civil second-instance cases, 21 cases were second-instance cases of jurisdiction objection, and 5 cases were administrative second-instance cases.
 
Among the 586 substantive civil second-instance cases concluded by the tribunal, 236 cases were closed by maintaining the original judgment, 213 cases were closed by withdrawal, and 71 cases were closed by mediation. The change rate was 48.5%. 66 cases were closed by remand, and the rate of remand was 11.3%.
 
Among the 142 administrative second-instance cases concluded by the tribunal, 126 cases were closed by maintaining the original judgment, 11 cases were closed by withdrawal, and 5 cases were closed by remand, with a remand rate of 3.5%.
 
Among the 446 second-instance cases of jurisdictional objections concluded by the tribunal, 369 cases were closed by maintaining the original judgment, 56 cases were closed by withdrawal, and 21 cases were closed by remand. The remand rate was 4.7%.
 


 
2020 2019
Total 15% 7.8%
Civil Cases 19% 11.3%
Administrative Cases 8% 3.5%

Table:Comparison of remand rate of the Intellectual Property Tribunal of the Supreme People’s Court
 
The Vice President of the Intellectual Property tribunal of the Supreme People’s Court, Zhonglin Yun, introduced the work of the Intellectual Property Tribunal on the second anniversary of its establishment, and mentioned: “From the perspective of trial quality indicators, in 2020, the tribunal concluded 1742 civil second-instance substantive cases, with a mediation and withdrawal rate of 36 % (most of the cases withdrawn were requested by the parties when they reached a settlement under the auspices of the tribunal); 339 cases were closed by remand for retrial, the rate of remand was 19%, which was higher than the average remand rate of the high courts before the establishment of the tribunal. 494 second-instance administrative cases were concluded, 39 cases were closed by remand or retrial, with a remand rate of 8%, which was equivalent to the average remand rate of the Beijing Higher People’s Court, which was responsible for hearing such second-instance administrative cases."
 
In a word, the rate of Remand is increasing.
 
Another angle of view is that the rate of remand in 2020 is nearly doubled, which is a very noteworthy phenomenon.
 
Data Source: Annual Report of the Intellectual Property Tribunal of the Supreme People's Court2020

 


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