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General Secretary Xi Jinping emphasized that ， Science and technology are the first productive forces, and innovation is the first driving force. The core of building a new development pattern is self-reliance in science and technology, and protecting intellectual property rights is protecting innovation. two thousand and twenty-two In, the procuratorial organs at all levels in the province took Xi Jinping's thought of socialism with Chinese characteristics for a new era as guidance, Comprehensively implement Xi Jinping's thought on the rule of law, thoroughly study and implement the spirit of the 20th CPC National Congress, earnestly implement the deployment of the Central Committee, the Supreme People's Procuratorate and the Provincial Party Committee, Firmly grasp the historical position of intellectual property procuratorial work in the new era and new journey, and take the initiative to assume the responsibilities and missions entrusted to procuratorial organs in the new era. Through the comprehensive implementation of the Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era and the Outline of Building a Powerful Intellectual Property Country（ two thousand and twenty-one — two thousand and thirty-five ) Document requirements ， Focus on the modernization of the concept, system, method and ability of legal supervision of intellectual property prosecution, and adhere to the case handling as the center , continue to promote the integration of criminal, civil, administrative and public interest litigation and procuratorial performance of intellectual property rights, Strengthen comprehensive judicial protection with professional teams, We will continue to improve the quality and efficiency of judicial protection of intellectual property rights, provide services to ensure innovation driven development, and provide a strong legal guarantee for building a socialist modern country in an all-round way.

Strengthening procuratorial activism and promoting comprehensive judicial protection of intellectual property rights

The number of intellectual property criminal cases has increased year by year, It is suggested that the application rate of severe punishment and fine punishment should be high, and the rate of recovering stolen goods and damages should continue to rise. In the past three years, the number of IPR infringement crimes prosecuted by the provincial procuratorial organs were nine hundred and eighty-nine People one thousand and ninety-nine People one thousand two hundred and forty-eight People, two thousand and twenty-one Year on year two thousand and twenty Annual growth 11.1% ， two thousand and twenty-two Year on year two thousand and twenty-one Annual increase 13.6% 。 The procuratorial organs of the province actively put forward precise sentencing suggestions for the principal punishment and supplementary punishment, and the rate of severe punishment and the rate of application of fine punishment have increased year by year in the past three years. two thousand and twenty-two The number of people sentenced to fixed-term imprisonment of more than three years in, accounting for the number of people sentenced to intellectual property crimes 34.7% , higher than all criminal cases twenty point six Percentage points; The number of fines applicable accounted for 99.8 % , higher than all criminal cases twenty-four Percentage points. The number of cases of recovering stolen goods and damages and the rate of recovering stolen goods and damages have increased for three consecutive years. two thousand and twenty-two In, the provincial procuratorial organs two hundred and fifty-five The rate of recovering stolen goods and damages in cases of intellectual property infringement 53.9% , increased year on year thirty-four point nine Percentage points to recover economic losses one point three two 100 million yuan.

Civil supervision cases of intellectual property rights are on the rise, and the types of supervision are more diverse. two thousand and twenty-two In, the number of cases of civil supervision over intellectual property handled by procuratorial organs across the province increased significantly year on year, of which the number of cases of supervision over civil judgments, rulings and mediation statements over intellectual property increased year on year 77.8% , mainly involving intellectual property rights, infringement disputes, unfair competition disputes, franchise contract disputes, technology contract disputes, etc.

Intellectual property administrative supervision was effectively carried out, and the protection of public interest litigation was constantly strengthened. two thousand and twenty-two In, procuratorial organs actively explored supervision clues by focusing on key areas of administrative supervision, of which administrative non litigation enforcement cases accounted for 91.3% 。 The procuratorial organ shall carry out substantive resolution of administrative disputes in the case and properly resolve the disputes between both parties. The procuratorial organs continued to strengthen the protection of food and drug safety, fire control and safe production, food and seed industry safety and other fields, and built a procuratorial barrier for public welfare protection of intellectual property rights.

Create integrated performance mode, and service innovation drives development

two thousand and twenty-two Shandong Procuratorate The organs have comprehensively promoted the intellectual property inspection to perform their duties in a centralized and unified manner, Significant improvement in case handling quality, efficiency and effect ， A number of business data rank top in the country ； Service guarantee innovation drives development Show new results, two Infringement of business secrets case Typical cases selected for the highest inspection ； The Provincial People's Court was awarded the title of "meritorious unit in investigating and dealing with major infringement and piracy cases" by the National Copyright Administration ， The Intellectual Property Office of the Provincial People's Court was rated as the "National Advanced Collective in Intellectual Property Work" ； five Procurators were selected into the first batch of national intellectual property procuratorial talent pool, three Twenty procurators were rated as "National Advanced Individual in Intellectual Property Work".

First, through the "evidence as one" review mechanism, the whole chain of intellectual property crimes can be hit. In view of the characteristics of a large number of IPR infringement cases, a long criminal chain, and many cross-border and trans regional crimes, Shandong Procuratorate Give full play to the legal supervision function and thoroughly investigate the whole chain of crimes, such as 1. Production dens of counterfeit sanitary products, Infringed goods are sold to more than ten provinces and cities, and the procuratorial organ supervises the filing of cases according to law six People, pursue and prosecute the leaky criminals twelve People, to achieve a full chain of targeted attacks on upstream and downstream crimes.

Second Through the clue discovery mechanism of "one case, four investigations", Realize comprehensive and comprehensive judicial protection of intellectual property rights. The procuratorial organ of Shandong has implemented the "four investigations in one case" mode three hundred Comprehensive performance of duties was carried out in more than cases of intellectual property infringement, which not only effectively cracked down on crimes of intellectual property infringement, but also found supervision clues of civil, administrative and public interest litigation, providing integrated and comprehensive judicial protection for intellectual property.

Third, through the litigation mechanism of "criminal civil integration", realize the rapid and integrated protection of intellectual property rights. In order to solve the problem that the trial rhythm of criminal cases of intellectual property infringement is not synchronized with that of civil cases, and the protection of rights and interests of obligees is not timely, Shandong procuratorial organs actively promote criminal incidental civil proceedings of intellectual property ； Through pleading guilty and punishment, mediation before litigation, criminal reconciliation and other means, positive Promote criminal suspects to actively carry out civil compensation.

The fourth is to achieve coordinated protection of intellectual property rights through the linkage mechanism of "integrated execution". Shandong Provincial Procuratorate The Implementation Opinions on Strengthening the Collaborative Protection of Intellectual Property Rights was signed with the Provincial Market Supervision Administration. two thousand and twenty-two In, the provincial procuratorial organs seventy-two If the person fails to meet the conditions for prosecution of criminal cases and meets the administrative violations, the case shall be promptly transferred to the administrative law enforcement department for handling, and the results of administrative punishment shall be continuously followed up and supervised.

five yes Serve the innovative development of enterprises through the "inspection enterprise linkage" mechanism 。 The procuratorial organs actively strengthen regular contacts with enterprises and carry out informal discussions and exchanges one hundred and fifty More than times, soliciting appeals and clues for intellectual property protection three hundred and ten Remaining 。 adopt It is learned from the survey that "difficult implementation" is the most urgent problem that enterprises want to solve. For this reason, the procuratorial organ has carried out special supervision over the illegal civil enforcement activities that enterprises have strongly reflected, such as the improper termination of this enforcement and negative enforcement of civil cases involving intellectual property rights ， It not only enhanced the sense of judicial access of enterprises, but also further optimized the business environment.

six It is to build a "social co governance" platform to gather the joint force of intellectual property protection. The procuratorial organ has made and issued precisely the procuratorial suggestions for correcting the illegal problems found in the administrative law enforcement, industry governance and other aspects of intellectual property cases eighty-five Procuratorial suggestions on comprehensive social governance sixty-six To promote the expansion of legal supervision from case supervision to case supervision. For example, when handling criminal cases of fire extinguishers with counterfeit registered trademarks, the procuratorial organ found that such cases occurred frequently and issued procuratorial suggestions to the administrative supervision department , Promote the screening of fire-fighting equipment in the city, effectively standardize the industry supervision and purify the market Environmental Science 。