Gong Ming, the deputy to the National People's Congress and the member of the Procuratorial Committee of the Supreme People's Procuratorate, said in an interview that the procuratorial organs would crack down on internet infringements and intellectual property crimes in new business forms and new fields in accordance with the law and further integrate criminal, civil and administrative procuratorial functions to strengthen comprehensive intellectual protection for intellectual property rights.
Intellectual property is an important support for building an innovative country and a core element for China to get a position in global competition. At present, China is transforming into a powerful country of intellectual property, which needs a higher level of judicial protection. However, it should be noted that the awareness of respecting and protecting intellectual property rights in the whole society has not been fully formed, and there are still many difficulties in protecting intellectual property rights. That’s why coordination and assistance from various aspects are needed, among which judicial protection plays an irreplaceable and important role.
Concerning this issue, Gong Ming said that at present, trademark rights are still the main objects of infringement when it comes to intellectual property infringement, meanwhile, the number of internet infringement cases has increased significantly in recent years, too. The harmess of it has been increasing day by day, posing new challenges to judicial handling of cases. Moreover, in the fields of science, education, culture and information technology, intellectual property infringement is also common. With the development of the economy and society and the iterative upgrading of the industry, the infringement gradually transfers from the traditional fields to new formats and new fields such as digital reading and computer software, in a chained and industrialized criminal way.
In response to the latest changes in intellectual property infringement cases, more efforts are needed to strengthen the comprehensive capacity of intellectual property protection in criminal, civil and administrative procuratorial aspects and to realize a comprehensive and multi-level judicial protection of intellectual property. The state should strengthen the integration of criminal, civil and administrative procuratorial functions. Furthermore, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the National Intellectual Property Administration and other institutions should promote the integration of their functions and thr sharing of professional data related to intellectual property rights, using the technology of big data to realize the integration as soon as possible and to enhance the comprehensive capabilities to strengthen the intellectual property protection. At the same time, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security also should negotiate together to establish a trial model for intellectual property infringement cases that is suitable for the new era and coordinate their respective jurisdictions to break local protectionism.
Criminal prosecutors should continue to focus on the social hotspots attracting the public’s attention and frontier issues of intellectual property rights, handling a number of classical cases to set standards. Civil prosecutors should strengthen precise supervision, file protests against typical cases, and promote the unification of adjudication concepts and standards, so as to set examples to other cases. The administrative procurator should strengthen the supervision of administrative litigatio and do a good job in the study of administrative cases such as trademarks, patents, and new plant varieties.