China News Service, March 1. The Supreme People's Procuratorate issued the "Opinions of the Supreme People's Procuratorate on Comprehensively Strengthening Intellectual Property Procuratorial Work in the New Era" (hereinafter referred to as the "Opinions").
The "Opinions" consists of four parts, from "general requirements", "insisting on case handling, and comprehensively improving the quality and efficiency of comprehensive protection of intellectual property rights inspections", "insisting on pioneering and innovating, establishing and improving intellectual property inspection systems and mechanisms", "strengthening organizational leadership and consolidating intellectual property rights" 21 measures were put forward in four areas, including the "basic foundation of procuratorial work".
On the 1st, the Supreme People's Procuratorate held a press conference on "Strengthening Intellectual Property Procuratorial Services to Guarantee Innovation-Driven Development in the New Era" and released the "Opinions of the Supreme People's Procuratorate on Comprehensively Strengthening Intellectual Property Procuratorial Work in the New Era" and a model of comprehensive judicial protection of intellectual property rights by procuratorial organs. case.
Gong Ming, a full-time member of the Procuratorial Committee of the Supreme People's Procuratorate, said that the "Opinions" closely rely on the "four major procuratorial" business structure, and put forward requirements for strengthening intellectual property procuratorial work in the new era from the four dimensions of criminal, civil, administrative and public interest litigation. Comprehensive performance of duties and comprehensive judicial protection.
The procuratorial organs should pay close attention to improving the quality and efficiency of criminal prosecution of intellectual property rights, increase the crackdown on crimes of intellectual property infringement, focus on crimes of intellectual property infringement in related fields that are strongly reflected by the people, handle a number of typical cases, and strike hard to form a deterrent.
It is necessary to strengthen the precise performance of intellectual property civil prosecutors, actively build a diversified supervision pattern, and focus on protesting typical cases that have the value of correcting, innovating, and leading in judicial concepts, so as to achieve "handling one case and managing one".
It is necessary to promote intellectual property administrative inspections to deepen and solidify, and focus on strengthening the supervision of administrative litigation for the authorization and confirmation of trademarks, patents, and new plant varieties.
Adhere to the concept of penetrating supervision, and promote law-based administration through administrative litigation supervision.
Relying on the statutory field of public interest litigation, we should actively and steadily expand public interest protection in the field of intellectual property rights.
Respond to social concerns and safeguard social public interests by handling typical cases.
Focus on strengthening the protection of the ecological environment and resources related to national geographical indication products, and make overall plans to protect the food and drug safety involved; starting from the maintenance of food security, strengthen the public welfare protection of intellectual property rights in the seed industry.
In addition, Gong Ming said that the "Opinions" focus on key areas and key links to strengthen procuratorial protection.
For example, in terms of intellectual property administrative procuratorial supervision, strengthen research on administrative law enforcement issues such as anti-unfair competition, anti-monopoly, and crackdown on malicious squatting of trademarks, so as to promote the standardization of market order and protect fair competition.
In view of the increasingly prominent role of trade secrets in economic development, the "Opinions" emphasizes the strengthening of judicial protection of trade secrets as a separate article, expressly calling for greater protection against theft, inducement, fraud, coercion, electronic intrusion or other improper means. The crime of commercial secrets, as well as the crackdown on the crime of stealing, spying, buying, and illegally providing commercial secrets for overseas institutions, organizations, and personnel.
At the same time, adhere to the principle of statutory crime and punishment, and reasonably define the boundary between civil disputes and criminal crimes.
The "Opinions" require procuratorial organs to actively participate in the revision and improvement of intellectual property laws and regulations, especially to improve the intellectual property protection system in new formats and fields such as big data, artificial intelligence, and genetic technology, and explore and improve the intellectual property protection system in the Internet field.
Further promote international cooperation in intellectual property rights, actively participate in the negotiation and negotiation of relevant treaties, and strengthen international cooperation in preventing and combating crimes of intellectual property infringement.Keywords: