On April 26 this year, the 24th "Intellectual Property Day", Hefei Municipal Procuratorate reported The city's IPR protection work of the procuratorial organs in 2023, and four typical cases were published.
Establish intellectual property protection contact points in high-tech enterprises and strengthen intellectual property protection
The circular pointed out that in 2023, the procuratorial organs of the city will review and prosecute criminal cases of intellectual property infringement 106 pieces, 266 people, Among them, the case of counterfeit registered trademark 46 pieces, 102 persons, Case of selling goods with counterfeit registered trademarks 52 pieces and 139 people, Case of illegally manufacturing and selling illegally manufactured registered trademark marks 14 persons for 4 pieces, Copyright infringement case 2 pieces, 6 persons, Infringement of trade secrets Two pieces and five people. Handling 7 cases of civil procuratorial supervision in intellectual property malicious litigation, and making and issuing procuratorial suggestions for retrial to the court Seven copies were adopted.
Protect intellectual property rights and create a legal business environment
The circular also introduced the main practices of the intellectual property inspection work of the Hefei Municipal Procuratorate last year. In 2023, Hefei Municipal Procuratorate Focus on key areas, gather protection forces, improve the quality and efficiency of performance, Continue to escort the high-quality development of Hefei.
1、 Focus on key areas and organize a "safety net" for criminal crackdown
"Protection of intellectual property is protection and innovation". Hefei procuratorial organs continued to strengthen judicial protection of intellectual property around key areas and prominent issues of intellectual property protection. Especially for Infringement cases frequently occurring around the people, cases involving the protection of the legitimate rights and interests of enterprises, intellectual property gang crimes and other cases, Hefei procuratorial organs have stepped up their criminal crackdown, effectively deterring criminals. For example, in the case of 13 people including Zhang Moujia who sold counterfeit registered trademarks, the People's Procuratorate of Hefei High tech Industrial Development Zone insisted on striking from the source, targeting, and attacking the whole chain to prosecute upstream and downstream crimes, and finally prosecuted eight defendants including Zhang Moujia and Yuan Moumou in accordance with the law, The defendants were sentenced to three years' imprisonment, five years' probation to ten months' imprisonment, and one year's probation for the crime of selling counterfeit registered trademarks, and were also fined.
2、 Gather protection forces to build a "shield" for intellectual property protection
There are many cutting-edge and cross cutting issues in intellectual property cases, which requires high professionalism in handling cases. Hefei procuratorial organs strengthened cooperation and joint efforts, passed Give full play to the role of investigation supervision and cooperation mechanism, improve the working mechanism for connection of execution, and improve the cooperation mechanism between legal and procuratorial organs, We will deepen judicial cooperation in law enforcement and build a full chain protection system for intellectual property rights. In handling the case of five people, including Zhang and Mao, producing and selling fake and shoddy fire doors, and the case of Xu and Xie infringing copyright, Hefei procuratorial organs rely on the investigation and supervision cooperation platform to dynamically master the progress of the preliminary investigation and investigation work of the public security organs, find the suspects in the case in time, guide the investigation and evidence collection work to be more accurate and efficient, and finally get a guilty verdict from the court. At the same time, for the cases that the procuratorial organs do not prosecute, we will promote the reverse transfer of administrative organs to make corresponding administrative penalties, and crack down on illegal crimes in the field of intellectual property in a closed-loop manner.
3、 Improve the quality and efficiency of performance, and do a good job of high-quality development "escort"
The comprehensive performance of intellectual property procuratorial duties is the work mechanism innovation carried out by the procuratorial organ to better implement the central decision-making and deployment and implement the strategy of strengthening the country through intellectual property. Hefei Municipal Procuratorate established the Intellectual Property Office in 2021, Integrate procuratorial functions in criminal, civil, administrative and public interest litigation, Build a professional case handling team to handle intellectual property cases and strengthen all-round judicial protection. At the same time, Hefei procuratorial organs are still steadily taking the road of innovation and active performance in handling intellectual property cases. Actively integrate into the national strategy of G60 science and innovation corridor, Jointly signed an integrated cooperation framework agreement with the Jiucheng procuratorial organ to build an intellectual property rights procuratorial protection center. The People's Procuratorate of Hefei High tech Industrial Development Zone has established a regular joint meeting system with key enterprises under its jurisdiction, Build a "2+X" private enterprise service platform, rely on the "intellectual property contact point", Take the initiative to visit, train and popularize the law.
Attorney General He Honghai signed the Framework Agreement on Integrated High quality Development Cooperation with the procuratorial organs of 9 cities in the G60 Science and Innovation Corridor in the Yangtze River Delta, helping to create a first-class legal business environment.
Next, Hefei Procuratorate will actively build a case handling base, promote the construction of an evidence centered criminal accusation system, continue to optimize team building, and consolidate the basis for case handling. At the same time, it will continue to follow the relevant requirements of the Supreme People's Procuratorate's Guidelines for Handling Intellectual Property Cases, orderly promote the comprehensive performance of intellectual property rights, and combine with special actions such as "inspection and protection of people's livelihood" and "inspection and protection of enterprises", improve the precision of combating intellectual property crimes, and base itself on the positioning of Hefei as a national "double demonstration" city of intellectual property, Strive to build a national key city with new quality productivity.
