Criminal enforcement of IP


Stephen Yang

On January 11, 2011, the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security released opinions on the handling of criminal cases involving infringement of IP rights.

The 16-article opinions aim at solving new issues faced by the police, the people’s court and the people’s procuratorate in handling criminal cases of intellectual property infringement and set explicit provisions on the application of laws. First of all, the opinions address issues of jurisdiction in criminal cases of IPR infringement by stipulating the provisions on determination of the place of crime, disputes over jurisdiction and consolidated jurisdictions.

Secondly, the opinions clarify issues related to the effect of evidence collected by administrative enforcement authorities in handling criminal cases of IPR infringement. Thirdly, they set provisions on obtaining sample evidence and entrust evaluation in handling criminal cases of IPR infringement. Fourthly, the opinions further touch on issues related to collecting evidence by the people’s court upon request of the plaintiff when no public prosecutor is involved.

Moreover, they clarify issues in determining an ‘identical product’ and a ‘trademark identical with the registered trademark’ in criminal trademark infringement cases, and conviction and punishment issues such as calculation of amount of illegal gain and determination of an attempted crime.

China, patent filings, copyright infringement