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Supreme inspection: adhere to the "three orientations" and implement the special action of "inspection and enterprise protection"

We should fully understand the significance of carrying out the special action of "prosecuting and protecting enterprises", serve the legal business environment, protect the legitimate rights and interests of enterprises and entrepreneurs, let entrepreneurs and investors boost confidence, start businesses with ease, and serve high-quality economic development with high-quality justice.

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How did "Legend of Blood" become "Legend of Phoenix"

As the contact point for handling cases set up by the Intellectual Property Office of the Supreme People's Procuratorate, the Procuratorate of Hefei High tech Industrial Development Zone in Anhui Province will handle every intellectual property case with high quality and efficiency in the special action of "procuratorial protection of enterprises", and contribute to the procuratorial capacity to create a first-class legal business environment.

Famous auto parts meet "Li Gui" industry governance to eliminate persistent diseases

Since 2022, the Procuratorate of Tianxin District, Changsha City, Hunan Province has earnestly shouldered the responsibility and mission of procuratorial performance services to ensure the development and growth of private economy, deeply promoted the special action of "three high and four new, rule of law escort", and consciously used intellectual property procuratorial comprehensive performance to serve the development of new quality productivity.

"Double report system" protects the copyright of network digital music

The Procuratorate of Mianyang High tech Industrial Development Zone in Sichuan Province has taken many measures, such as standardizing the judicial case handling behavior of enterprises, unblocking the green channel of 12309 Procuratorial Service Center for enterprises, improving the mechanism for resolving conflicts and disputes involving enterprises, and taking mechanism improvement and model innovation as the starting point to escort high-quality development of enterprises.

The Investigation and Handling of Cases of Infringement of Trade Secrets Changed from Criminalization to Governance

The Procuratorate of Shenyang High tech Industrial Development Zone in Liaoning Province actively promoted the change of thinking from inside the case to outside the case and from punishment to governance, and established a professional law popularization team for intellectual property in the way of "online+offline" to solve the legal demands of enterprises in a "zero distance" manner.

Find the combination point between "procuratorial work and enterprise protection" and the development of new quality productivity

In February 2024, when inspecting Tianjin, General Secretary Xi Jinping put forward four important requirements of "doing well and achieving well". Tianjin procuratorial organs found the combination point between procuratorial protection of enterprises and the development of new quality productivity, to serve scientific and technological innovation with the rule of law and help enterprise development.

Make procuratorial service a "plus" for business environment

In recent years, the procuratorial organ of Liaocheng City, Shandong Province, adheres to the concept of "every procuratorate, every procurator, and every case is a business environment", making the procuratorial organ the first person that enterprises can think of and find when encountering legal problems.

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The procuratorial organ shall punish the crime of copyright infringement by deliberately avoiding technical measures in accordance with the law, and crack down on all links of manufacturing source and sales communication throughout the chain. We will improve the digital copyright protection system, pool the social forces that support comprehensive innovation, implement the full life cycle protection of intellectual property rights, and serve the innovative development of the digital economy.
When dealing with cases of counterfeiting and sales involving a large number of people, a wide range of cases, and complex cases, the procuratorial organs give full play to the role of investigation supervision and cooperation mechanism, timely put forward suggestions for investigation and evidence collection, improve the evidence chain, and achieve a precise attack on the entire chain of production, supply, and sales. Implement the criminal policy of tempering justice with mercy, comprehensively consider the status, role, illegal profits, subjective malignancy and other factors of the persons involved in the case, and deal with them in a hierarchical and classified manner. Adhere to the concept of equal protection, safeguard the legitimate rights and interests of Chinese and foreign obligees in accordance with the law, and help optimize the legal business environment.
The procuratorial organ reviewed and determined that the infringing chips are only part of the NC system manufactured and sold illegally. Considering the role and value proportion of chips in the NC system, it accurately determined the amount of illegal business. Implement the criminal policy of tempering justice with mercy, carry out the compliance rectification of the enterprises involved in the case according to law, strengthen the interpretation of the law and reasoning, and help the murdered enterprises recover their economic losses.
If the trademark is declared invalid due to its adverse effects, the packaging and decoration of the goods designed with the trademark and related elements as the core shall not be protected by the anti unfair competition law as the packaging and decoration of the goods with certain effects. The procuratorial organ should pay attention to the retrieval of similar cases in the supervision, make precise protests, and ensure the uniform judgment standards.
When supervising the execution of administrative cases by courts, procuratorial organs can simultaneously issue procuratorial suggestions to courts and administrative organs to strengthen synchronous supervision over administrative penalty decisions that do not meet the statutory requirements for compulsory execution but are approved by courts, and the results are attributable to the application behavior of administrative organs and the review behavior of courts.
The procuratorial organs should strengthen the comprehensive protection of intellectual property rights in the field of traditional culture, take administrative public interest litigation as the entry point, promote the administrative organs to perform their duties in accordance with the law, constantly improve the intellectual property protection of intangible cultural heritage and geographical indication products, promote the leak stoppage and source protection, and help the development of traditional culture.
When handling criminal cases of counterfeiting registered trademarks, procuratorial organs should, according to the role of trademarks in indicating the source of goods, correctly identify the goods marked by trademarks, distinguish between independent goods and components of goods, and accurately identify the amount of illegal business.
In handling cases, procuratorial organs are able to perform their duties according to law, clarify difficult problems in the application of law, actively carry out self supplementary investigations, and prosecute crimes and omissions according to law. In view of the real dilemma of protecting the rights of private foreign trade enterprises after their trade secrets are infringed, we should promote the coordinated protection of intellectual property rights and establish an integrated protection pattern in which all departments coordinate.

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Chongqing No. 1 Branch: Helping the two enterprises get rid of the burden of litigation by resisting and promoting peace

In the bright and spacious production workshop of Company B, the workers are operating the automatic welding equipment and skillfully sewing the leather on the cockpit. The person in charge of the company welcomed the return visit of the prosecutor of the First Branch of the Chongqing Municipal Procuratorate and said excitedly, "Thank you very much for the mediation of the procuratorate. We have now reached a deeper cooperation with Company A. At present, their leather is used by the accessories manufacturers nationwide."
Chongqing No. 1 Branch: Helping the two enterprises get rid of the burden of litigation by resisting and promoting peace

Wulong, Chongqing: cross regional co governance to build a legal barrier for intellectual property protection in Chongqing and Guizhou

"You see, the outer package of fake liquor looks very real, but there are still 'flaws' in the details..." On March 15, the procurators of the Wulong District Procuratorate of Chongqing, together with the staff of the District Market Supervision Bureau and the District Public Security Bureau, taught the masses to distinguish between genuine and fake brand-name liquor in the joint publicity campaign of "procuratorial protection of enterprises" to protect consumers' rights and interests.
Wulong, Chongqing: cross regional co governance to build a legal barrier for intellectual property protection in Chongqing and Guizhou

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plan : Edited by He Huimin : Gao Wenwen, art editor : Chen Yang time : May 17, 2024

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