Creating a "Professional Model" for Intellectual Property Prosecution - Interpretation of the National Special Training Course on Comprehensive Performance of Intellectual Property Prosecution in Prosecutors
2024-06-26
It is reported that this training course is the third consecutive year that the Office of the Supreme People's Procuratorate for Intellectual Property (hereinafter referred to as the "Office of the Supreme People's Procuratorate for Intellectual Property") has held a national comprehensive training on the performance of intellectual property procuratorates. It is also an important measure to strengthen the professional construction of intellectual property procuratorial work. What new skills and ideas have the 120 trainees gained in handling cases? What is the significance behind the Supreme Procuratorate's commitment to promoting the professionalization of intellectual property prosecution? During the seminar on "high-precision and cutting-edge" issues such as trade secrets, the Ningbo procuratorial organ in Zhejiang Province announced the first instance verdict on a case of overseas theft, espionage, bribery, and illegal provision of trade secrets. The issue of commercial espionage cases under the guise of commercial consulting has sparked widespread discussion after class. In fact, cases of infringement of trade secrets have always been a "high-precision" field in intellectual property prosecution and handling due to their strong professionalism, high evidential requirements, and difficulty in examination and determination. However, in judicial practice, faced with dazzling case information involving structure, raw materials, components, formulas, data, etc., many cases face challenges in identifying "non-public knowledge" and "identity" as the first step. In order to help investigators accurately grasp substantive legal relationships from complex legal facts, the Supreme People's Procuratorate invited intellectual property appraisal expert Ye Zhican to give a lecture on "Key Points for Examination of Trade Secret Appraisal Opinions", and invited Zhang Haifeng, Director of the Third Procuratorate Department of the Hangzhou Procuratorate in Zhejiang Province, to exchange and share his experience in handling technical trade secret criminal cases. The course on the examination and application of trade secret appraisal allows us to have a clearer understanding of the essence of appraisal methods for criminal cases of infringement of trade secrets from the perspective of appraisers; The sharing of case handling experience among outstanding prosecution colleagues has given me a deeper understanding of defining "improper means of acquisition" and "breach of contract" infringement of trade secrets. " Wang Xinxin, prosecutor of the Third Branch of the Shanghai Procuratorate, said. Make good use of technology to empower and double the effectiveness of case handling. Dou Libo, prosecutor of the Fourth Prosecutor's Department of the Beijing Procuratorate, is particularly interested in the lecture "Examination and Application of Intellectual Property Physical Evidence Appraisal" by Liu Shuo, Director of the Physical Evidence Technology Department of the Supreme Procuratorate's Technical Information Research Center. "In the past, the probability of introducing document inspection and identification in intellectual property cases was not high, and it was overlooked that many of the materials involved were the 'crime scenes' of intellectual property infringement crimes. Many clues may become important tools for high-quality and efficient case handling. Next, we will deeply link document inspection and identification with intellectual property infringement crimes to enhance the ability of the entire chain to combat intellectual property infringement crimes." Dou Libo said. Promote the development and strengthen the comprehensive performance of duties, especially the strength of civil supervision. The 2024 work report on the highest level inspection mentioned a case: a cultural media company has filed more than 5800 malicious lawsuits against the copyright owners of counterfeit music and television works. The highest level inspection has been listed for supervision, guiding the procuratorial organs of nine provinces and cities, including Guangdong and Shandong, to simultaneously supervise the court retrial according to law, and approved the arrest of five suspect. During the supervision of this series of cases, the Supreme Intellectual Property Office found that places with higher levels of comprehensive performance have greater supervision, higher efficiency, and better results. In order to deepen the comprehensive performance of duties, especially to solve the problem of "not specialized" and "not knowing" in civil supervision, and closely combine with the ongoing special cases, Liu Yuqiang, the second level senior prosecutor of the Supreme People's Procuratorate, gave a lecture on "Practical Handling of Intellectual Property Civil Prosecutorial Supervision Cases", and Ji Huanshuang, the director of the Intellectual Property Office of the Qingyuan City Procuratorate in Guangdong Province, shared the experience of handling the aforementioned series of false lawsuits related to music and television works copyright. Especially the use of investigation and verification rights mentioned by the instructor has greatly inspired the clues of malicious litigation cases in the intellectual property field that we are currently investigating. Next, we will strengthen the supervision of the determination of facts in civil judgments, clarify the facts through various methods such as questioning parties, consulting relevant professional departments, and entrusting appraisal, and improve the success rate of clues Fan Jinpeng, the head of the Intellectual Property Office of the Henan Provincial Procuratorate, told reporters. In the past few days, while studying, we have planned two key tasks for the second half of the year: firstly, combining with the series of false lawsuits related to music and television works copyright, we will strengthen the supervision of related intellectual property malicious lawsuits; Another approach is to learn from Shenzhen's experience and combine it with the series of trademark infringement assembly vehicle cases handled in Chongqing before, to carry out comprehensive social governance work such as formulating compliance guidelines in relevant industries, and to promote the healthy and orderly development of Chongqing's automobile manufacturing industry On the evening of the 16th, Zhang Jieyuan, Director of the Intellectual Property Office of the Chongqing Procuratorate, organized a "lively discussion" among the four prosecutors participating in the training in Chongqing. In addition to exchanging case handling experience, we will also invite experts from administrative law enforcement, judicial trial and other institutions to give lectures, broaden the perspective of intellectual property prosecution work, and achieve comprehensive performance and substantive operation through professional construction. This is also an important content of this training course. For example, Wang Chen, Director of the Landmark Division of the Intellectual Property Protection Department of the China National Intellectual Property Administration, directed the students to pay attention to new technologies, new problems and new directions in the field of intellectual property through courses such as the "Protection and Development of Geographical Indications in China", Tong Shu, Chief Judge of the Third Supreme Court of Justice and the People's Republic of China, "Judicial Practice of Anti unfair Competition", and Wan Yong, a professor of the Law School of the People's University of China who served as the deputy director of the Supreme Intellectual Property Office. "Our current focus is to further promote the substantive operation of comprehensive performance and continuously improve the quality and efficiency of case handling." The person in charge of the Supreme Intellectual Property Office stated that since 2021, the Supreme Procuratorate has coordinated and promoted the comprehensive performance of intellectual property procuratorates nationwide, achieving many positive results. However, in the process of innovative development, it still faces many new situations and challenges. In order to achieve high-quality and efficient handling of every case, the Supreme People's Procuratorate has been committed to the professional construction of the intellectual property prosecution team in recent years. In terms of top-level design, we have successively issued opinions on comprehensively strengthening the work of intellectual property prosecution in the new era, and documents such as the "Guidelines for the Handling of Intellectual Property Cases by People's Procuratorates", establishing and improving the "one case, four investigations" mechanism; By developing guiding and typical cases, establishing contact points for case handling, establishing a talent pool, organizing specialized training, compiling work information, and deepening business assistance to Tibet and Xinjiang, the comprehensive performance ability of prosecutors can be effectively improved. The person in charge of the Supreme Procuratorate's Intellectual Property Office revealed during the training class that in the next step, the Supreme Procuratorate will highlight key areas, continuously deepen professional construction, consolidate the foundation of performance, and promote provincial-level procuratorates, especially in places with heavy case handling tasks, to select, recruit, and select business backbones with legal and technical integration backgrounds, enrich personnel strength, create a highland for intellectual property procuratorial work, and lead and drive the national intellectual property procuratorial work. (Lai Xin She)
Edit:Jia jia Responsible editor:Liling
Source:jcrb.com
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