The Supreme People's Procuratorate recently released 9 typical cases of intellectual property protection of procuratorial organs, demonstrating the effectiveness of the comprehensive performance of intellectual property procuratorial duties.
Liu Taizong, deputy director of the Supreme People's Procuratorate of Economic Crime (Intellectual Property Procuratorate), introduced that the typical cases released this time cover a wide range of fields and a variety of types, covering high-tech fields such as advanced manufacturing and software algorithms, cultural fields such as online literature and intangible cultural heritage, as well as key areas of people's livelihood such as traditional Chinese medicine.
In the "Series of False Litigation Supervision Cases in Copyright Infringement Disputes in Ningbo Shengke Cultural Media Co., Ltd.", the procuratorate strengthened supervision of false litigation, performed the functions of criminal prosecution and civil prosecution of intellectual property rights in an integrated manner, supervised and corrected wrong civil judgments, and transferred criminal clues in accordance with the law, and the defendant was sentenced to prison.
In the "Beijing Junmou Technology Co., Ltd., Sun Mouming, Hu Mouwei and other four people infringement of commercial secrets", the procuratorate simultaneously reviewed the facts of criminal crimes and civil infringement, and found clues of omission of business information from related civil judgments, and prosecuted them based on the evidence in the entire case.
The "Copyright Infringement Case of Zhang and Sun" released this time is a new type of case in the field of digital copyright. There are many works involved and the amount is particularly huge. The procuratorate accurately determines that the perpetrator uses "chain stealing" to spread the works, infringing the rights holder's right to disseminate information network, and is held criminally responsible for the crime of copyright infringement in accordance with the law.
For online infringement and other behaviors, the procuratorate continues to explore new ways to handle cases. The "Wu Moufeng and Shi Mouyuan sell counterfeit registered trademarks" released this time involves the online sales of traditional Chinese medicine. The procuratorate actively carried out self-supported investigations, strengthened the collection and review of electronic evidence, and comprehensively considered the perpetrator's subjective intention, infringement of legal interests and other factors to accurately confirm the number of convictions and apply the crimes.
Liu Taizong said that the release of this batch of typical cases is intended to more comprehensively and intuitively demonstrate the intellectual property procuratorial work, lead the professional and standardized handling of intellectual property procuratorial cases, enhance the awareness of intellectual property protection in the whole society, and strive to create a good atmosphere of "respect knowledge, advocate innovation, be honest and law-abiding, and fair competition." (Reporters Liu Shuo and Zhu Gaoxiang)


