Do specialized intellectual property courts show a pro-patent propensity? Evidence from China

Abstract

Intellectual property (IP) is gaining increasing attention in various fields. However, its proper function relies on an effective judicial system. Thus, we compared the results of patent infringement litigations in China between specialized IP courts and general courts. We found that patent holders sue for higher damages at IP courts than in general courts, and IP courts grant higher damages. However, when we controlled the impacts of certain factors, we found that the IP courts do not demonstrate a pro-patent propensity in their judgments. Furthermore, IP courts have not shown significant advantages in their judgments in aspects of speed, the rate of appeals, and the avoidance of mistakes. We also found that litigious plaintiffs are, to some degree, disliked by the courts. This work provides an empirical understanding of the latest situation about patent protection in China and discusses its practical implications.