These FAQs cover some of the key questions you may have about the CIELA service. For more detailed questions on how to use the analysis tool, please refer to Help.
CIELA provides critical information to lay the foundation for an effective IP litigation strategy in China. The service provides invaluable data on IP litigation in China including guidance on the most appropriate venue according to a rights holder's litigation and enforcement objectives.
The data for CIELA comes from judgments published by the major IP courts around China. These courts have been selected as they have the largest volume of IP judgments published. The judgments are published through online public libraries.
Currently, CIELA contains data on more than 50,000 cases handed down since 1 January 2006.
All our data is taken from judgments published by IP courts in China. The Supreme People’s Court encourages publication of as many IP judgments as possible by courts with IP jurisdiction in China, but not all IP judgments are published. There is an increasing trend towards greater transparency and in 2012, Civil Procedural Rules mandated access to decisions (Art 148: courts must pronounce their decisions publicly; Art 155: public must have the right to consult effective decisions). Despite this, obtaining all cases still remains a practical issue and we continually strive to keep the database as up to date as possible. With more than 30,000 cases already analysed, CIELA has a substantial basis for the statistical analysis provided. As more IP cases are to be published, the statistical output from CIELA will only become more robust.
For more information on what the CIELA online statistics mean such as win rate, duration, etc, please refer to our Help page.
CIELA does not currently include patent re-examination decisions although this is a data source that is currently under development. CIELA does however include patent re-examination appeal decisions. These are cases where the courts are asked to review decisions from the Patent Re-examination Board (PRB). All cases are from the Beijing 1st Intermediate Court and High Court which are the only courts with jurisdiction to review an administrative decision from the PRB.
We currently collate cases from the Beijing, Shanghai, and Guangzhou IP courts and will endeavor to include these cases when they are published publically.
CIELA’s service is delivered in two parts:
Free online analysis tool
Free online analysis is available through this website (www.ciela.cn). This online tool provides overall win/loss rates, average damages awarded, rate of injunction awarded and the average duration of proceedings in IP cases across China. This information can be further broken down by IP right, industry sector or court venue to inform strategy in specific cases.
CIELA also offers an additional level of bespoke analysis. Available through discrete reports written by the CIELA research team at Rouse or delivered in the context of a wider strategy, the deeper data allows further analysis such as a direct comparison between the experiences of foreign and domestic plaintiffs and defendants in China. Added to that is the ability to analyse the track records of specific judges, lawyers and law firms. For more information please contact us here.
CIELA covers IP judgments published since 1 January 2006. This therefore includes cases commenced in 2005 or earlier. The reasons for selecting 2006 as the cut-off date are:
- There are fewer published judgments available before 2006.
- With the rapid changes in IP jurisprudence, cases heard a few years ago may be judged very differently from now. We consider 2006 to be an appropriate cut-off point.
The most recent cases are those published in the last few months. CIELA will update records regularly, and the date of the last update will be shown on the database.
China's Supreme People's Court has recently announced a plan for publication of all court judgments, and is embarking on this project. In time, we expect that all IP cases around China will be published, and CIELA data coverage will then extend even further. CIELA will be updated regularly to include the most up-to-date data as it becomes available.
Apart from the searchable data provided for free online, CIELA is supported by a Research Unit that can provide more detailed customised reports.
If you seek more details than that provided in the standard data, you can contact the CIELA Research Unit here. The CIELA Research Unit will give you an estimate of the time and cost for providing a report.
If you want some ideas on what research can be done with CIELA, take a look at the Custom Research page.
The CIELA website does not provide downloads of judgments. Copies of judgments are available from other online databases. In addition, the CIELA team can provide copies of judgments selected according to any criteria included within CIELA, or according to other qualitative criteria. For instance, the CIELA team could provide copies of all Utility Model infringement decisions made since 2006 in which the plaintiff was a foreign party.
The cost of delivery will depend on the volume of cases requested and the criteria by which they are selected. For further information, please contact us here.
The cost will depend on the time and expertise required. Please enquire directly with the CIELA team(firstname.lastname@example.org) for further information and estimates of costs.
The CIELA service is constantly being updated and upgraded. Some services will be available through the CIELA website. Other extensions in data and data analysis are available through bespoke reports. For the latest data available, please contact us here.