Supreme People’s Procuratorate Report: Treat domestic and foreign capital, state-owned and private enterprises, and Chinese and foreign rights holders equally

China News Service, Beijing, November 3 (Reporters: Xie Yanbing, Zhang Su) The report of the Supreme People's Procuratorate on the intellectual property prosecution work of the People's Procuratorate was submitted to the Standing Committee of the 14th National People's Congress for review on the 3rd. The report states that the procuratorial organs treat domestic and foreign capital, state-owned and private enterprises, and Chinese and foreign rights holders equally, ensuring equality in litigation status, litigation rights and substantive rights.

The report shows that from January 2021 to September this year, procuratorial organs across the country handled a total of 134,000 intellectual property cases of various types, including 118,000 criminal prosecution cases, 7,514 civil prosecution cases, 5,393 administrative prosecution cases, and 2,864 public interest litigation cases, effectively strengthening the judicial protection of intellectual property rights.

During this period, the procuratorial organs punished crimes of intellectual property infringement in accordance with the law, approved the arrest of 36,000 people, and prosecuted 96,000 people. Actively participated in special actions to standardize enterprise-related law enforcement, deployed special judicial supervision of illegal off-site law enforcement and profit-oriented law enforcement, and focused on supervising and correcting problems such as illegal off-site handling of intellectual property cases, illegal "seizure and freezing" of property, and criminal intervention in economic disputes. 1,088 related cases were handled in accordance with the law, and 391 cases were withdrawn by supervisory investigation agencies. 440 million yuan of illegal "seized and frozen" property was supervised to be lifted and returned.

The report also stated that the procuratorial organs strengthened the prosecution of foreign-related intellectual property rights in accordance with the law and prosecuted 9,539 people for foreign-related intellectual property infringement crimes. Strengthen judicial protection of overseas interests, deepen overseas prosecution services for domestic enterprises, and guide the response to overseas intellectual property disputes.

Ying Yong, Chief Prosecutor of the Supreme People's Procuratorate, made a report on behalf of the Supreme People's Procuratorate on the 3rd, saying that the quality and effectiveness of procuratorial work need to be further improved. There is still a gap between the judicial protection of foreign-related intellectual property rights and the requirements for high-level opening up to the outside world, and the effectiveness of prosecutorial duties needs to be enhanced.

The report recommends further establishing and improving the legal system in high-tech and cutting-edge fields such as artificial intelligence and digital economy to provide a clearer legal basis for intellectual property law enforcement and justice. In addition, the trade secret appraisal system will be further improved to promote the improvement of trade secret protection effectiveness.