On January 31, 2024, the Political Bureau of the Communist Party of China Central Committee held its 11th collective learning session on solidly promoting high-quality development, emphasizing that "developing new quality productive forces is an inherent requirement and important focus for promoting high-quality development.". New productive forces play a leading role in innovation, breaking away from traditional economic growth methods and development paths of productive forces. They possess advanced productive forces characterized by high technology, high efficiency, and high quality, and are in line with the new development concept. How can intellectual property prosecution work protect technological innovation and optimize the business environment? Presenting "three changes", high-quality and efficient case handling data based on specialization shows that intellectual property procuratorial work has shown significant changes in three aspects in 2023: continuously increasing criminal punishment, significantly improving the effectiveness of civil administrative supervision, and actively and steadily exploring public interest litigation. It is reported that in the first 11 months of 2023, procuratorial organs across the country received a total of 28000 cases of intellectual property infringement, an increase of 53.3% year-on-year; We have accepted 2240 cases of intellectual property civil administrative litigation supervision, a year-on-year increase of 1.7 times, and raised over 600 objections and retrial prosecution suggestions, a year-on-year increase of 7.7 times; More than 570 intellectual property public interest litigation cases have been filed and handled. Regarding this, Liu Taizong stated that in 2023, the intellectual property procuratorial work will implement the relevant requirements of the Supreme Procuratorate Party Group, focus on personnel specialization, comprehensive functions, diversified case handling, and systematic mechanisms, and enter a new stage of comprehensive performance. Especially with the improvement of the top-level system design by the Supreme Procuratorate, the professional foundation of intellectual property prosecution has been further strengthened. Develop and issue the "Guidelines for Handling Intellectual Property Cases by People's Procuratorates", proposing 45 prosecutorial measures, and making provisions for the requirements for handling criminal, civil, administrative, and public interest lawsuits related to intellectual property, providing specific guidance for case handling and performance. Promote local measures to strengthen the construction of case handling organizations and enhance the level of professionalism. For example, the copyright infringement case led by Liu Mousheng and others handled by the Shanghai procuratorial organs under the guidance of the Supreme People's Procuratorate is the first case of "intentional avoidance or destruction of technical measures" copyright infringement crime in China after the implementation of the Eleventh Amendment to the Criminal Law. It has had a significant impact in the field of copyright and judicial practice. In this case, the rights holders Philips and General Medical Company respectively set up technical protection measures such as security authentication systems and authentication tools (commonly known as "encryption dogs") to ensure the normal operation of medical devices and medical software. Liu Mousheng, Liu Mouwang, and Liu Mousheng, for the purpose of profit, without the permission of the rights holder, produce or sell "encrypted dogs" used to avoid technical measures, sell pirated medical equipment software, etc., with a sales amount of over 1 million yuan. During the case handling process, the Supreme People's Procuratorate strengthened its guidance, and the Shanghai procuratorial organs separately targeted the entire industry chain criminals of pirated "encryption dogs" and pirated software from the source and downstream sales links
Edit：Yi Yi Responsible editor：Jia Jia
Source：jcrb.com
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