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Data Analysis Report on Foreign-related IP Cases Adjudicated in China 1996-2017

This report includes four parts:Analysis of Technology Cases Adjudicated by Chinese Courts Involving U.S. Parties between 1996 and 2017,Scope of Data Analysis,Analysis of Judicial Data and the Judicial Judgments on U.S.-related Cases. In the middle of all,the Analysis of Judicial Data is the most critical. And it consists of Overall Analysis,Analysis of Civil Cases,Analysis of Administrative Cases and Conclusion. 

 From the data, it can be seen that about 80% of U.S.-related Civil Cases are in favor of plaintiffs. Targeting cases by different cause of action including patents, computer software, know-how, technology contracts, integrated circuit layout designs and new plant varieties based on the judgment database of IP House, we found 3,640 foreign-related judgments made by Chinese courts between 1996 and 2017. And we finally got 2,710 foreign-related technology cases, including 1,613 civil cases and 1,097 administrative cases.

According to the statistical analysis of data and comparison above, some of the rate in respect to cases decided in favor of U.S. parties and the amount of damages awarded in U.S.-related cases are generally lower than the rate of cases decided in favor of foreign and non-foreign parties and the amount of damages awarded in foreign-related and non-foreign-related cases. The foreign-related parties and U.S. parties are mainly plaintiffs in such cases, which indicates they are mainly right holders in such cases. The courts adopt a relatively cautious attitude in the trial of U.S.-related cases.

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