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China lowers the threshold for the filing of IPR criminal cases

Date:2010-05-31 09:43:30
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From:IPR in China

On May 18, Supreme People’s Procuratorate and Ministry of Public Security jointly issued "Provisions of the Supreme People’s Procuratorate and the Ministry of Public Security on Filing and Prosecution of Criminal Cases Governed by Public Security Authorities (II)" (hereinafter referred to as "Provisions (II)"), and has provided the standards on filing and prosecution for 85 kinds of economical criminal cases governed by the economic crime investigation department of the Public Security Authorities. It also makes further specification for the filing and prosecution standards on intellectual property criminal cases and for the first time stipulates that any behavior of counterfeiting over 2 patents of others and with over 100,000 yuan’s turnover or over 50,000 yuan’s illegal gains should be filed and prosecuted, which is lower than the former provisions.

It is introduced that, the "Provisions (II)" makes amendments and adjustments to the filing and prosecution of 42 kinds of cases. By comparing to the "Provisions on Standards for Pursuing Cases of Economic Crime" (hereinafter referred to as "former Provisions") issued on April 18, 2001 by Supreme People’s Procuratorate and Ministry of Public Security, the Article 72 in the Provisions (II) added two situations including counterfeiting others’ patents with over 200,000 yuan’s illegal turnover and counterfeiting over 2 patents of others with over 100,000 yuan’s turnover or over 50,000 yuan’s illegal gains.

At the same time, as for the cases of trade secret, Article 73 in the "Provisions (II)" adds the situation of over 500,000 yuan’s illegal turnover in trade secret infringements.

For trademark cases, Article 69 in the "Provisions (II)" greatly lowers the threshold with respect to illegal turnover.

 
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