On 15 April 2021, the Beijing Municipal People's Procuratorate (“Beijing Municipal Procuratorate”) released the 2020 Beijing Municipal Procuratorate Intellectual Property Protection Work Report (the “Report”) and typical cases of intellectual property protection.
In 2020, Beijing Municipal Procuratorate approved the arrest 179 suspects in a total of 116 cases for crimes involving IP infringement and prosecuted 216 persons in a total of 131 cases in accordance with the law. 48 persons were transferred to criminal cases upon the recommendation of administrative authorities, 75 administrative litigation and supervision cases were accepted, 3 cases have been filed for opposition, and 1 case has been approved for retrial. Meanwhile, 32 civil litigation supervision cases involving intellectual property rights have been accepted, and 1 case has been filed for opposition.
According to the Report, the aforementioned cases show four major features. First, the criminal cases are mainly high-tech crimes and downstream crimes. Second, most administrative litigation and supervision cases are handled in Beijing. Third, the civil cases opposed are supported by the revised judgment, accelerating the integration of adjudication standards. Fourth, cases involving time-honored brand trademarks occur from time to time.
The typical cases are as follows:
- Case on trade secret infringement between a Shanghai Information Technology company and Defendant Li, Li and Li;
- Supervision of judgement of a trademark infringement dispute between a Beijing Venture Technology Development company and a Beijing Building Materials company;
- Case on trade secret infringement between a Beijing Northern Technology Development company and Defendant Su;
- Case on copyright infringement involving 12 parties including a Beijing Literary Information Technology company and Defendant Qin;
- The case of Defendants Lin, Lin and Zheng on the sale of counterfeit registered trademarks;
- The case of Defendant Zhang and eight others on the sale of illegally manufactured registered trademarks, counterfeit registered trademarks, and counterfeit registered trademark goods;
- Case on copyright infringement involving Defendants Yin and Zhang;
- Case on copyright infringement involving Defendants Song and Zhang;
- The case of Defendant Han on the sale of counterfeit registered trademarks;
- The case of Defendant Na and 4 others on the counterfeit and sale of counterfeit registered trademarks;
- The case of Defendants Xie and Jin on the counterfeiting of registered trademarks;
- The case of Defendant Xue on the sale of illegally manufactured registered trademarks.