China News Service, Beijing, March 1 (Xie Yanbing) Liu Taizong, director of the Intellectual Property Prosecution Office of the Supreme People's Procuratorate, said in Beijing on the 1st that in the current criminal cases of intellectual property infringement, trademark rights are still the main target of criminal acts, and the infringement will be carried out in 2021. Trademark crimes account for about 90% of the total number of people prosecuted for IP infringement crimes.
On the same day, the Supreme People's Procuratorate held a press conference to release the "Opinions of the Supreme People's Procuratorate on Comprehensively Strengthening Intellectual Property Procuratorial Work in the New Era" and typical cases of comprehensive judicial protection of intellectual property rights in procuratorial organs.
Talking about the characteristics of the current criminal cases of intellectual property infringement, Liu Taizong said at the press conference that there are four main characteristics: trademark rights are still the main infringing object of criminal acts, network infringement of intellectual property rights has become an important infringement method, and the fields of science, education, culture and information technology Infringement shows a trend of multiple occurrences, and at the same time shows the trend of gang, industrial and chain.
He said that in 2021, procuratorial organs across the country will prosecute 6,024 people for counterfeiting registered trademarks, 5,084 people for selling goods with counterfeit registered trademarks, and 1,083 people for illegally manufacturing and selling illegally manufactured registered trademarks. In addition, there are several crimes and other crimes. The crimes of trademark infringement included accounted for about 90% of the total number of people prosecuted for infringement of intellectual property rights.
Liu Taizong said that after the Criminal Law Amendment (11) brought service trademarks into the scope of protection of the criminal law, the procuratorial organs took active actions and fully performed their duties to crack down on crimes of infringing service trademarks in accordance with the law.
On the same day, the Supreme People's Procuratorate released four typical cases of comprehensive judicial protection of intellectual property rights by procuratorial organs, one of which was an application for administrative litigation supervision by a certain Kang Liquor Industry Co., Ltd. in Baishui, Shaanxi, involving trademark disputes.
In this case, the approval and registration of the relevant trademarks "Mukang" and "Baishui Mukang" were formed under specific historical conditions. factors, and correctly dealt with the relationship between the protection of trademark owners and the maintenance of market order.
"Internet infringement of intellectual property rights has become an important way of infringement." Liu Taizong said that in 2021, the Supreme People's Procuratorate, together with the National Copyright Administration and other six departments, will jointly list and supervise 60 major infringement and piracy cases in two batches, of which online infringement cases account for the total. nearly half of.
The increasingly networked crime of intellectual property infringement has also brought new challenges to judicial handling of cases.
For example, Liu Taizong said that some commit crimes through new technological means such as web crawler, video analysis, and deep linking, some use the "dark web" to achieve upstream and downstream criminal connections, and some sell fake online by setting up servers overseas. Evidence collection, fixation, review and accurate application of the law put forward new and higher requirements.
He further said that the field of intellectual property infringement crimes is also changing. In addition to traditional fields such as tobacco and alcohol, food, clothing, cosmetics, etc., it is also more common in the fields of science, education and culture such as educational books, digital reading, compilation of test questions, and film and television works, involving information Crimes in new formats and new fields such as technology and layout design increased.
At the same time, there are more common crimes in intellectual property infringement crimes, showing the trend of gang, industrial and chain.
In 2021, procuratorial organs will prosecute a total of 14,000 intellectual property infringement crimes, including about 10,000 joint crimes, accounting for 68.3%.
With the help of network technology and modern logistics and transportation, common criminals and upstream and downstream criminals cut the criminal behavior into chains, showing the characteristics of separation of people and goods, separation of trademarks of goods, separation of assembly and processing places and warehouses, and separation of infringement and sales places.
In response to the above-mentioned characteristics of intellectual property infringement crimes, Liu Taizong pointed out that the procuratorial organs should focus on the next step of work, to give full play to the advantages of the "integration of arrest and prosecution" system, severely crack down, form shock and deterrence, and at the same time fully apply property penalties in accordance with the law to increase the cost of crime.
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