On April 25th, the Shenzhen Procuratorate of Guangdong Province issued the Compliance Guidelines for Intellectual Property Rights - the "Shenzhen Procuratorate Enterprise Copyright Protection and Compliance Application Guidelines (Trial)" (hereinafter referred to as the "Enterprise Copyright Protection Compliance Guidelines"). This is not the first time that the Shenzhen Procuratorate has issued compliance guidelines for intellectual property. Previously, in 2022 and 2023, the court successively issued the "Shenzhen Procuratorate Electronic Product Renovation Industry Intellectual Property Criminal Compliance Guidelines (Trial)" (hereinafter referred to as the "Electronic Product Renovation Compliance Guidelines") and the "Shenzhen Procuratorate Commercial Secret Criminal Protection System Compliance Construction Guidelines (Trial)" (hereinafter referred to as the "Commercial Secret Criminal Protection Compliance Guidelines"). A thing that has been persisted for three years must have a reason to persist. Recently, the reporter followed the concentrated interview team of the Supreme People's Procuratorate's "New Era Legal Supervision Work Tour - Handling Every Case with High Quality and Efficiency" to Shenzhen, Guangdong, to experience up close the practice and exploration of Shenzhen's procuratorial organs in strengthening intellectual property judicial protection. Originating from a case, but not limited to the time of the case returning to 2021. At that time, the Shenzhen Procuratorate had the idea of formulating criminal compliance guidelines for intellectual property rights in the electronic product renovation industry. "At that time, we found that there were many cases of trademark infringement in the renovation of electronic products, accounting for about a quarter of trademark related criminal cases, which was a very high proportion. Therefore, we decided to analyze the underlying causes in depth in order to explore effective measures to prevent such cases from happening more frequently." He Xun, Director of the Third Prosecutor's Department of the Shenzhen Procuratorate, told reporters. The reporter learned that the refurbishment of electronic products is in line with the national major strategy of encouraging the development of circular economy, which is not only conducive to improving resource utilization efficiency, but also to protecting and improving the environment. However, due to the existence of issues in the market such as using refurbished machines to replace new ones, using refurbished machines to replace original second generation mobile phones, and insufficient disclosure of refurbished information, the trademark rights and interests of trademark owners have been damaged to a certain extent, and related trademark infringement cases continue to emerge. "At that time, there was a phenomenon of 'bad currency driving out good currency' in the market. Enterprises with strong compliance awareness were cautious and hesitant to carry out electronic product refurbishment business. However, those without compliance awareness infringed and even committed crimes, affecting the healthy development of the entire industry." Li Jun, Vice President of the Shenzhen Electronics Industry Association, admitted. Faced with such a reality, the Shenzhen Procuratorate has decided to formulate criminal compliance guidelines for intellectual property in the electronic product renovation industry, clarify the bottom line of intellectual property infringement crimes in this industry, and provide strong legal protection for the comprehensive and healthy development of the industry. In September 2021, the writing of the guidelines began. The Shenzhen Procuratorate has comprehensively sorted out the characteristics of criminal cases involving electronic product refurbishment trademarks, and conducted in-depth theoretical research from the perspectives of "trademark identification source function", "trademark rights exhaustion principle", "trademark fair use principle", etc., and formed a research report. At the same time, the court conducted extensive market research, visiting major electronic product manufacturers such as Huawei, Apple, Honor, and OPPO to understand the trademark infringement risks faced by rights holders and their opinions and suggestions on legal refurbishment. The court also
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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