China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

SPP Publishes Guidelines on Handling IP Cases for Chinese Procuratorates

Mon, 26 Jun 2023
Categories: China Legal Trends

On 26 Apr. 2023, China’s Supreme People’s Procuratorate (SPP) released the “Guidelines on Handling Intellectual Property Cases for People’s Procuratorates” (hereinafter the “Guidelines”, 人民检察院办理知识产权案件工作指引).

The Guidelines is divided into three main sections, including (1) the handling of criminal intellectual property cases; (2) the handling of civil and administrative intellectual property litigation supervision cases; and (3) the handling of intellectual property public interest litigation cases.

The Guidelines also stipulates that the procuratorate may hold a hearing when handling an intellectual property case that involves relatively considerable disputes in fact-finding, application of law, case handling, or any other aspect, or that has significant social impact. As needed by the case, a person with expertise or a procuratorial technician may be invited to participate in the hearing. The hearing of an intellectual property case involving any trade secret may be held in private at the request of a party.

 

 

Cover Photo by jevens julian on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

Beijing & Shanghai Unveil Low-Altitude Economy Plans

Beijing and Shanghai have announced plans to develop the low-altitude economy, aiming to grow the industry to CNY 100 billion and CNY 50 billion respectively by 2027, with a focus on aerial rescue, logistics, and passenger transport.

SPC Releases Typical Antitrust Cases

In September 2024, China's Supreme People's Court (SPC) published eight typical cases on antitrust and unfair competition, highlighting issues like price-fixing, market dominance abuse, and deceptive practices.

China Launches Gradual Retirement Reform

China's National People's Congress has approved a gradual increase in the statutory retirement age for men and women, set to begin on January 1, 2025, marking the first adjustment in over 70 years.

China Revises National Defense Education Law

In September 2024, the newly revised “National Defense Education Law of the People’s Republic of China” was passed by the National People’s Congress Standing Committee and came into effect on 21 September.

SPC Releases Typical Cases to Support Hong Kong Arbitration

In September 2024, China’s Supreme People’s Court (SPC) released six typical cases to demonstrate its support for Hong Kong arbitration, emphasizing judicial cooperation and the recognition of arbitral awards to foster international arbitration development.

SPC Sets Standards for Punitive Damages in Food Safety

In August 2024, China’s Supreme People’s Court (SPC) issued a judicial interpretation that addresses punitive damages in food safety cases, featuring typical cases to establish uniform standards and enhance consumer protection.