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ren x patent administrative litigation rules review 2024

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Textbook in PDF format In recent years, the intellectual property cases heard and concluded by the Intellectual Property Division of the Supreme People’s Court have kept rising, among which patent administrative cases have increased significantly. For example, statistics show that 31 patent administrative cases were concluded in 2010, and the number peaked in 2015 to reach 62 cases.1 Since 2008, the Supreme People’s Court has begun to publish typical cases with guiding opinions concluded that year in the form of an annual report. Although not necessarily binding in the same way as the Supreme Court opinions in common law countries, these cases serve as a powerful guide for lower courts and exert significant social influence. Therefore, in April 2015, the Supreme People’s Court Intellectual Property Guiding Case Research Center (Beijing) was established in the Beijing Intellectual Property Court, aiming to “collect, compile, and edit guiding cases to summarize intellectual property trial rules and experience promptly, properly publish them, further standardize judicial conduct, enhance judicial openness, distill judicial wisdom to promote the unification of law application vividly and enhance judicial credibility.”2 Against this backdrop, it will be of great benefit to the prediction of case results by studying the judgments of the Supreme People’s Court. In addition to the cases selected in the annual report, the author found that the rules applied by the Supreme People’s Court in some other cases were also a vital reference for the Patent Reexamination Board3 and all sectors of society. In particular, if the same types of cases were put together, the evolution of the views held by the Supreme People’s Court on this type of issue could be easily seen, which was also helpful for the research and analysis of the future development direction of the Supreme People’s Court on such issues

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Ren X. Patent Administrative Litigation. Rules and Review 2024.pdf 3.3 MB

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ren x patent administrative litigation rules review 2024

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