On February 5, QBPC and the Procuratorial Office of Intellectual Property of the Supreme People's Procuratorate (hereinafter referred to as “SPP”) held an online exchange. QBPC Chair Michael Ding, some service team members, Deputy Director Song Jianli of the Procuratorial Office of Intellectual Property of SPP and relevant prosecutors attended the meeting. The two sides discussed priority IP issues and challenges faced by foreign enterprises.
Michael Ding presided over the exchange. After expressing his gratitude to SPP for their support and assistance, Michael Ding introduced the organizational structure, mission, and work plan of QBPC. QBPC Vice Chair Ji Ying, Best Practices/Enforcement Committee Chair Conan Chen, Legal Committee Chair Michael Yu, Transparency of Criminal Public Prosecution Procedure for IP Cases Taskforce Coordinator Jack Chang raised the issues of counterfeiting in logistics industry, application conditions and scope of the Plea Bargain System, evidence collection for cross-border fakes selling, treatment of illegal and irregular online practices, and enforcement of the Amendment of the Criminal Law, etc.
In the following session, Song introduced the background for establishing the Procuratorial Office of Intellectual Property and its functions. He stated that in order to further enhance the role of the procuratorates in IP prosecution and serve the innovation-oriented country, SPP established the Procuratorial Office of Intellectual Property. The office aimed at unifying the functions that used to be shared by different departments and provide multi-dimensional judicial protection over IPR to fulfill the duty of legal supervision. Furthermore, the office would further strengthen criminal prosecution and combating IPR crimes according to law. At the same time, a comprehensive range of remedies that combine civil and administrative judicial protection could contribute to the integration of IP protection system. Besides, the office would further improve the judicial protection mechanism to achieve strict and prompt protection. The establishment of the Procuratorial Office of Intellectual Property was of significance, so as to boost the efficient allocation of judicial resources and improve the level of judicial protection for IP, which could protect and inspire innovation in the end. In order to better function as a procuratorate, the office will explore the reform of mechanism, keep innovative in work, and make use of the procuratorial function to prompt the governance modernization of the country and society, which could promote the improvement of judicial protection for IP. In addition, the office will enhance international exchanges and cooperation. This year, the office will formulate the judicial interpretations regarding the application of the 11th Amendment of the Criminal Law, and clear the legal supervision channel for civil and administrative cases so that the legal supervision of IP civil and administrative cases can be enhanced and the standard of judiciary and enforcement can be unified.
Song also mentioned that SPP would further promote the pilot program of IPR holders exercising rights in the proceeding against IP crimes (hereinafter referred to as “pilot program”) across the country. Through the pilot program, the IPR holders could take part in the proceedings and supplement the evidence such as authorization and economic loss in a timely manner. Moreover, they were able to express their professional opinions and claim their lawful rights more adequately, which might help to ascertain the criminal facts. However, the feedback rate of IPR holders had been low so far. Therefore, SPP hoped that IPR holders could respond promptly and strongly support the pilot program so that it could be carried out with intended effects all across the country. Later, Senior Prosecutor Li Weiwei of the Procuratorial Office of Intellectual Property of SPP gave detailed responses to the questions raised by QBPC side.
As conclusion, Song spoke highly of the communication with QBPC. In order to further demonstrate the achievements and responsibilities of the Procuratorates in maintaining fairness and justice, respecting right holders’ rights, and optimizing the judicial services, SPP will improve the procuratorial duties from three aspects including designing system and mechanism, harmonizing the standards of judiciary and enforcement as well as releasing typical cases and guiding cases. Moreover, Michael Ding suggested that QBPC and SPP establish a regular communication mechanism or report in written the obstacles faced by members in IP protection. The two sides could work together on IP protection and create a better business environment. Meanwhile, QBPC expected that SPP could remain active on the international stage, so that the world community would be able to witness China’s achievement on judicial protection for IP.