The Supreme People's Procuratorate has released a white paper on intellectual property prosecution work to the public for the first time
2024-04-26
On April 25th, the Supreme People's Procuratorate held a press conference on "Deepening the Comprehensive Performance of Intellectual Property Prosecution and Promoting the Development of New Quality Productivity", and for the first time released the "White Paper on Intellectual Property Prosecution Work (2021-2023)" (hereinafter referred to as the "White Paper") to the public. The white paper provides an in-depth analysis of the basic situation of criminal, civil, administrative, and public interest litigation cases involving intellectual property rights accepted by the national procuratorial organs over the past three years. It summarizes four significant characteristics: "the intensity of criminal punishment continues to increase, the effectiveness of civil and administrative supervision significantly improves, public interest litigation prosecution steadily advances, and comprehensive performance of duties deepens.". According to data, from 2021 to 2023, the number of prosecutions for intellectual property infringement crimes accepted by procuratorial organs nationwide increased from 22000 to 30700. In addition, the number of intellectual property civil administrative litigation supervision cases has increased significantly year by year, with a year-on-year increase of 3.1 times in 2021, a year-on-year increase of 72.2% in 2022, and a year-on-year increase of 1.7 times in 2023, reaching 2508 cases. In 2023, 726 cases of civil effective judgment supervision were filed with objections and retrial prosecution suggestions were issued, an increase of 8.1 times year-on-year. The white paper system presents the main achievements made by the Office of the Supreme People's Procuratorate for Intellectual Property since its establishment in providing services to ensure high-quality economic and social development, promoting the construction of a comprehensive protection pattern for intellectual property, and deepening the comprehensive performance of intellectual property procuratorates. The reporter noticed that "core technology," "cultural power," "enterprise related," "agricultural related," and "malicious litigation" have become high-frequency keywords, and the white paper uses a large number of typical cases for explanation. For example, the Supreme People's Procuratorate has guided local procuratorial organs to handle a batch of major technological crimes involving chip manufacturing, power batteries, artificial intelligence, biomedicine and other new fields that infringe on enterprises, effectively safeguarding the rights and interests of enterprises. Among them, in the case of Zhang and others infringing on trade secrets handled by the Shanghai procuratorial organs, it was accurately determined in accordance with the law that competitors and employees of the victim enterprise colluded internally and externally, illegally obtaining chip technology from the victim enterprise for the design and production of similar chips. The reasonable licensing fee for the involved technology reached several hundred million yuan. The case of Hu's infringement of trade secrets, handled by the procuratorial organs of Jiangsu Province, was committed by a high-tech leading enterprise in the biopharmaceutical field, with a technical value of RMB 900 million. The procuratorial organs, through self supplementary investigation, accurately determined the fact that Hu obtained technical secrets through improper means and the reasonable amount of licensing fees. Eventually, Hu was sentenced to four years in prison and fined in accordance with the law. The white paper comprehensively demonstrates the effectiveness of the Supreme People's Procuratorate in building a comprehensive pattern of intellectual property protection. The Supreme People's Procuratorate and the China National Intellectual Property Administration and other departments have deepened cooperation by means of countersigning collaborative protection opinions, listing and supervising the handling of key cases, carrying out the selection and construction of protection demonstration areas, organizing training in the same classroom, and jointly praising the advanced. Strengthen communication and collaboration with higher education institutions, research institutions, administrative agencies, industry associations, etc., to provide theoretical and intellectual support for the performance of procuratorial duties. Actively participate in international exchanges and cooperation, send representatives to participate in international conferences multiple times, jointly hold special seminars, learn from each other, and build consensus. The white paper also emphasizes the continuous and in-depth promotion of the system construction for the comprehensive performance of intellectual property procuratorates. Maximum inspection sequence
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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