The Interpretation on Several Issues concerning the Specific Application of Law in Handling Criminal Cases involving Intellectual Property Infringement (III) were promulgated in 2020 and entered into force on 12 Sept. 2020.

There are 12 articles in total, which aim to provide procuratorates and courts nationwide with a unified law application standard in handling criminal cases of intellectual property infringement.

The key points are as follows:

1.How to determine the crime of counterfeiting registered trademarks;

2.How to determine the crime of copyright infringement;

3.How to determine the crime of trade secret infringement;

4.In criminal proceedings, the parties, defenders, agents ad litem or third parties may apply in writing to take confidentiality measures for evidence and materials related to trade secrets or other business information that needs to be kept confidential.

5.Goods counterfeiting registered trademarks, illegally manufactured marks of registered trademarks, copyright infringement replicas, materials and tools mainly used for manufacturing goods counterfeiting registered trademarks, registered trademark logos or infringing copies shall be confiscated and destroyed according to law.