Ning Guo's procuratorial activism protects intellectual property rights

Correspondent Yu Huiqin

We will continue to deepen the exploration of mechanisms for IPR related cases, promote win-win and win-win outcomes in law enforcement and justice, and create a closed-loop system of "convergence of the two laws" in IPR. In July 2023, the Academy, together with the Municipal Public Security Bureau and the Market Supervision and Administration Bureau, held a symposium on the "convergence of the two laws" of intellectual property infringement cases, and discussed and adopted the Work Plan on Strengthening the Convergence of Administrative Law Enforcement and Criminal Justice of Intellectual Property Protection, to promote the three parties to strengthen work ties, close cooperation and cooperation, and to create a standardized and effective work model of information sharing, convenient communication, Form joint force for intellectual property protection.

Establish and improve the information sharing mechanism of intellectual property violations and crimes, and expand the sources of supervision clues. Actively promote the construction of information sharing platform for the connection between administrative law enforcement and criminal justice of patents, trademarks and trade secrets. Rely on intellectual property protection information platform, JAC Big Data Center and other platforms, realize the full push of intellectual property related data, promote the sharing of information across departments and regions, enable procuratorial work with modern technology, and fully release digital dividends.

Based on the pattern of intellectual property protection, strengthen the coordination and cooperation between procuratorial organs, public security organs and administrative law enforcement organs, and practically integrate intellectual property procuratorial work into the whole chain of intellectual property creation, application, protection, management and service; Give play to the advantages of investigation supervision and coordination mechanism to crack down on intellectual property infringement crimes; Regularly held working meetings with Ningguo Public Security Bureau on investigation supervision and cooperation office, promoted the substantive operation of investigation supervision and cooperation mechanism, and improved the quality and efficiency of investigation supervision and cooperation between police and procuratorate... Up to now, the hospital has corrected 16 suspects who were omitted to prosecute, 6 cases of investigation activity supervision, and 2 arrests.

We will deepen coordination and cooperation between procuratorial organs and administrative organs, and improve the professionalism of procuratorial work. We will continue to promote the mechanism for professionals in administrative organs to concurrently serve as assistant prosecutors, employ professionals from the Market Supervision Administration as specially invited assistant prosecutors, and work with prosecutors to jointly handle cases, so as to break down professional knowledge barriers in intellectual property protection; Pay attention to borrowing wisdom and strength from outside, take the initiative to participate in the Xuancheng Trademark Infringement Expert Appraisal Meeting, discuss with industry experts the professional issues such as the vague definition of criminal and civil liability for trademark infringement in intellectual property cases, and the subjective criteria for judging trademark infringement, so as to provide a reference basis for accurately identifying the case facts, and promote the continuous improvement of intellectual property procuratorial protection capacity.

The Institute attaches great importance to improving the quality and efficiency of the connection between intellectual property administrative law enforcement and criminal justice, and jointly with the Market Supervision and Administration Bureau to carry out the pilot work of "key trade secret protection units" in the city, constantly improve the trade secret protection system, and provide more efficient and convenient rights protection channels for enterprises.

Actively update the concept of performance of duties, pay attention to the use of civil, administrative, public interest litigation and other procuratorial functions while severely punishing intellectual property crimes, and build a comprehensive performance model that conforms to the characteristics of intellectual property. The Court took the right to know as the starting point, based on the protection of public interests, and actively carried out the exploration of public interest litigation cases in the field of intellectual property rights.

In view of the criminal acts that seriously damage the rights and interests of consumers and endanger food safety, such as fake liquor and daily chemical products, the Court has made and issued procuratorial suggestions for the fight and treatment of such cases in various ways. In handling the case of Chen Moutai producing and selling counterfeit Maotai liquor, the court filed a criminal incidental civil public interest lawsuit against Chen Moutai involved with the crime of counterfeiting registered trademarks and selling counterfeit registered trademarks of commodities, and requested Chen Moutai to publicly apologize to the public on the national media for his behavior of producing and selling counterfeit Maotai series liquor; Release the recall announcement to the public on the national media, and bear the costs related to the recall, storage and destruction after the recall. At present, the Court has accepted a total of 57 intellectual property criminal cases of 196 people, including 15 cases of approved arrest of 23 people, 42 cases of review and prosecution of 173 people, and recovered nearly 3 million yuan of economic losses for the infringed enterprises.