25 August 2021
On April 25, 2021, the Supreme People’s Procuratorate issued 12 typical cases for the protection of intellectual property rights by procuratorial organs in 2020. From the perspective of the procuratorate, it has strengthened the protection of intellectual property rights through the supervision of the filing of intellectual property rights infringement crimes and the strict review of the prosecution. , Effectively safeguarded the legitimate rights and interests of the parties. This article will briefly introduce three typical cases.
In case 1: Beijing Huajie Information Technology Co., Ltd., Li Jia, etc., in the case of infringement of commercial secrets, after the victim reported the case, the procuratorate intervened in the investigation in advance and guided the public security to obtain evidence based on the relevant judicial appraisal. During the review and prosecution stage, additional unit crimes missed by the public security organs, Li Jia and Li Moubo, accomplices in this case, were also prosecuted for the crime of infringement of trade secrets. In the process of handling cases, procuratorial organs give full play to the leading role of pre-trial, improve the collection of evidence based on trial standards, consolidate the evidence base of the case, and on this basis, complete the prosecution of omissions and omissions in accordance with the law, which fully reflects the prosecution The professionalism of the agency has played a role in legal supervision.
In Case 5: In the copyright infringement case of Shanghai Li XX, the procuratorial agency also intervened in the investigation in advance, guided the collection of evidence, and conducted professional analysis on the crimes involved and the state of the crime during the period of review and prosecution and appearance in court, such as the infringement. Classify the copyrighted works, define the infringement in the case, clarify that the relevant infringement constitutes the act of copying or distribution in the law, and define the criminal state, and the infringement involves both the crime of copyright infringement and the infringement of sales When copying crimes, define the crime that should be applied in this case. The case reflects the professionalism of the procuratorial organs, and it also reflects the proactive performance of the procuratorial organs to protect the legitimate rights and interests of the right holders.
In Case 9: In the case of counterfeiting registered trademarks such as Hebei Yumou, the procuratorial organ also supplemented the omissions and omissions of the public security organs, requesting the public security organs to continue investigations or supplementary transfers for prosecution. The procuratorial agency filed the crime of counterfeiting registered trademarks for the production and sales of counterfeit registered trademarks. For other crime chains, such as the act of knowing and selling counterfeit products, the crime of selling counterfeit registered trademarks was filed. For the manufacturing of packaging boxes with registered trademarks, The act of packaging bags is suspected of illegally manufacturing registered trademark signs. In this case, the procuratorate dug into the criminal clues and achieved a full chain of crackdowns.
For further information, please contact:
Chen Jiaojiao, Lee Tsai & Partners
lawtec@leetsai.com
