He's a writer. He's a writer
10 august 2026, daily prosecutor's office
5th edition, soundweek
On 16 july this year, the sixty-ninth meeting of the directors of the sixteenth shanghai people's congress heard an evaluation of the implementation of the recommendations of the special supervisory review of the judicial protection of intellectual property by the general ombudsman and judicial council of the city. With the formal submission of the evaluation, the special oversight of the judicial protection of intellectual property rights (hereinafter referred to as the special oversight) throughout the chain of public security investigations-prosecution-court trials, the first time in shanghai, was successfully closed。
General secretary xi said in depth: “innovation is the first driving force for development, and the protection of intellectual property is the protection of innovation.” the 20th plenum of the party explicitly stated that “improving judicial protection of property law enforcement”. Shanghai, which has a major mission to build the highlands of science, technology and innovation with global impact, and the international centre for science, technology and innovation, is continuing to move towards high-level science and technology self-reliance. In november 2025, the shanghai city people's congress heard and considered a status report on the judicial protection of intellectual property rights in the “one house and two houses”. Following the meeting, public security organs, prosecutors' offices and courts throughout the city carefully considered the list of opinions and questions on the bill of issues, fine-tune and overhaul initiatives, and pool their efforts to solve the obstacles in the area of intellectual property rights protection in order to “single together” the judicial protection of intellectual property rights。
From "one domain" to "one global" enabling, innovation extended to monitor horizons
In april 2025, the secretary-general of xi jinping, during a study tour of the “mode space” mega-model innovation community in the west bank in shanghai, emphasized that shanghai had assumed the historic mission of building an international centre for science, technology and innovation, drawing on national strategies to serve, enhancing the science, technology and innovation source function and high-end industry leadership, and accelerating the construction of a globally influential high ground for science, technology and innovation. At the subsequent seventh plenary session of the twelfth session of the city council, the idea of deepening the construction of the international centre for science, technology and innovation (icsi) called for the city of shanghai to be self-aware on the basis of a national strategic design of science, technology and innovation, to support the self-reliance of high-level science and technology and to contribute to the building of a strong technology nation in shanghai. Science, technology and innovation have become the official city logo of shanghai。
Based on national strategic needs, the shanghai city people's standing committee included specific monitoring in its 2025 monitoring plan. This is the first time that the shanghai city people's standing committee, in the area of judicial oversight, has been conducting parallel monitoring of courts, prosecutors ' offices and public security organs on the same subject. Specialized supervision follows “the path of science, technology and innovation, where judicial protection will follow”, moves from “one-area governance” of intellectual property protection to “global security” for the protection of innovation, and strengthens the support of judicial protection for innovation-driven development and helps build international intellectual property protection highlands and international intellectual property centre cities in shanghai。
"it's a whole new surveillance exploration." rudd, member of the shanghai city people's congress standing committee and member of the shanghai city people's council of the judicial council, introduced the innovative use of the “symmetrical response” model for monitoring the simultaneous investigation of intellectual property protection in public law, and joined forces with the standing committee of the seven districts of changning. The research team focused on the implementation of the national strategy for the protection of services, the reform and innovation of the working mechanisms, and the promotion of new areas of legal protection in the new areas of activity. The research team worked in depth in 10 priority areas, focusing on research, in-depth research and research, so as to streamline the list of issues and identify ways to improve the productivity of the new quality of justice, with a view to establishing a centre for global science in shanghai and optimizing the rule-of-law business environment。
I'm asking you a question
“the judiciary, as the main force for intellectual property protection, must reconcile the rule of law with science, technology and innovation in an integrated and balanced way of development and protection, both by safeguarding the achievements of innovation and by stabilizing the expectations of its subjects, and by building firm corporate confidence in research and development.” the member of the shanghai city people's standing committee and the deputy director of the shanghai city people's ombudsman's judicial commission stated that business was a central vehicle for transformation, rather than waiting for the company to be exposed to abuse and seek help, it would be better to rely on proactive services and practical initiatives to resolve business problems and secure real innovation。
A series of first-line research has been carried out in an orderly manner. In september 2025, the research team visited high-technology enterprises and head-on-line businesses to listen to their demands, map their rights-based points and guide them in improving their legal risk management. At the same time, members of the national intellectual property expert pool are invited to conduct thematic training for delegates to enhance their professional supervisory capacity. On 13 november 2025, the shanghai city people's congress organized a central inspection of the new quality and productivity of the judicial services and the protection of the three leading industries, which was conducted by representatives of the national people's congress and the municipal people's congress. The representatives entered the field to visualize the value of judicial protection of intellectual property rights for the development of industrial innovation。
"study shows us how hard it is for companies to defend their rights." according to zhou kiryu, the representative of the national people's congress and chairman of wyda high technology holdings ltd., a number of high-technology companies have shown that while technology is growing faster, there is uncertainty about the length and duration of intellectual property cases, and that companies may miss market opportunities, even if they win, and find themselves in a situation where they “win the case and lose the market”. Internet-based businesses have also shown that core data have been compromised by internal personnel, that the threshold for criminalisation of business secrets is high, that there are difficulties in identifying the profits of abuse and that there is a greater sense of justice for businesses. She noted that the protection of public prosecution laws continued to increase, and that efforts were still needed to address the challenges of human rights protection。
The representative of the national people's congress and procurement manager li fung, shanghai panda machinery ltd., is concerned about the survival of micro-enterprises: some smes have opted to give up their rights in the face of abuse, relying only on accelerated product overlaying to “run off counterfeiters”. We cannot allow bad money to evict money, and we cannot allow innovators seeking to develop to be chased by violators. It is expected that the judicial protection of intellectual property rights will provide a secure environment for small and medium-sized enterprises to develop and operate。
Sound synergetic mechanisms to build a full chain of intellectual property protection bureau
During the period of special supervision, the case of communications aggression against china as a commercial secret has attracted widespread attention. On 28 july 2025, the shanghai city third intermediate court handed down its judgement in the first instance of the case, in which 14 defendants were held criminally responsible and the main offender was sentenced to six years ' imprisonment and a fine of $3 million. The fine in this case was over tens of millions and the technical information involved was valued at $317 million。
“the chain of intellectual property protection is long and extensive, and it is important to bring together the various actors and build a chain-wide protection system.” xu yanping stated that the case was a landmark case for intellectual property protection in the semiconductor sector of the country and a criminal case under the shanghai public prosecutor's law to regulate the competitive order of the chip industry and the preservation of self-study techniques in the country。
Using the case as a model, shanghai continues to improve its intellectual property protection system. The shanghai city high court, the municipal public prosecutor's office, the municipal public security bureau and the municipal intellectual property office have jointly established a mechanism for the management of malicious actions to enhance judicial scrutiny of malicious actions in the area of patents, trademarks and copyrights. At the same time, the mechanisms for civilian and dual-directional justice are being developed, the referral system is being put in place, information-sharing platforms are being established and sectoral information barriers are being addressed。
“accompaniment of co-governance requires that the law on public prosecution work with the executive.” in the view of yang jun, a senior partner of the shanghai city people's congress, the shanghai city people's council and the shanghai city people's general inspectorate, the senior partner of the shanghai law office, the special monitoring unit is designed to optimize coordination mechanisms among the competent authorities, eliminate oversight blind areas and increase the effectiveness of co-protection. The chief representative of the shanghai mayor of ning district and the director of the shanghai reif law firm, shaan bo, has suggested that the rule of law is the most visible undermining of the rule of law business environment, with better supervision of the people, the functioning of the judiciary in accordance with the law, and proactive corporate compliance。
Monitoring is time-bound and protects innovation. According to rudd, judicial protection of intellectual property is a long-term undertaking. The shanghai city people's standing committee will continue to follow the “protection of intellectual property is protection of innovation” plan deployment, will focus on the five centres, particularly the international centre for science, technology and innovation, and will continue to follow up on the effectiveness of the restructuring process, will contribute to the “strengthen protection, quick protection, together with protection, greater protection” and will rely on the rule-of-law forces' strategy to integrate respect for innovation and the protection of property rights into the urban development landscape, and will continue to inject the power of the rule of law into the cultivation of new quality productivity, the building of international science centres and the creation of a state-of-the-art business environment。
On 18 july 2025, a member of the shanghai city people's congress standing committee and the deputy director of the judicial committee of the city people's congress participated in a hearing on a new type of fraudulent trademark case. (panting)
On 13 november 2025, delegates walked into the great zero bay science, technology and innovation source facility to learn about strategic positioning and innovation ecology. (li jun kai)
Lee fung:
“final kilometre” for the protection of the legitimate interests of smes
“the whole chain of manufacturing involves innovation and is an important position for nurturing new quality productivity. But when micro-enterprises are abused, they often look like `flies without heads,' they don't know who to look for, how to go, and this `last kilometre' doesn't get through, and the best system is hard to put down.” the representative of the national people's congress, li fung, procurement manager of shanghai panda machinery ltd., after participating in a special monitoring of the judicial protection of intellectual property organized by the shanghai city people's standing committee, focused his attention on the “last kilometre” of the service enterprise。
As a representative of the manufacturing industry, li fong shared the plight of micro, small and medium-sized enterprises. His firm had a new product that had not yet been granted a patent, technology programmes had been opened prematurely and competitors had taken the opportunity to initiate avoidance proceedings. “as a result of our loss of novelty, we ended up losing our patent rights, and naturally our rights were lost.” li fong said that small businesses had limited financial resources and that if they spent one or two years in litigation, it was often difficult to cover costs and pay off even if they were successful. In the course of his research, he found that many msmes preferred to continue to develop versions 2. 0 and 3. 0 to “run and win” in order to survive, rather than to follow a rights-based process. "it's essentially a drain on the fire of innovation." li fong worries。
Through dedicated monitoring, li fong saw opportunities for change. The shanghai public prosecutor's office has further developed the “four-inspection” mechanism, which is “a case in which the public prosecutor investigates criminal charges, civil compensation, administrative offences and damage to public goods in parallel, thereby effectively reducing the cost of defending rights”. He referred in particular to the fact that in recent years the shanghai city public prosecution service had applied the leniency system in conjunction with guilty pleas, with more than $250 million in damages, “these figures are, in our view, a real sense of access”。
“looks forward to a `last kilometre' to protect the legitimate rights and interests of small and medium-sized enterprises, and to a real solution to their suffering.” li fung indicated that this was also part of his mandate and that he would continue to focus on the need for intellectual property protection for small, technological and micro-enterprises and contribute to the creation of a better culture of innovation。
Zhou ki-woo:
Gathering forces to help the business
“the park is not just a conglomerate of enterprises, but an incubator of innovative ecology. We have to build a business environment in which companies are willing to come in and start innovation and research.” the national people's congress, the chairman of the wida high technology holdings ltd., zhou yiyu deepland, has been operating for more than a decade, with a deep understanding of the platform's role as a “fencer”. In her view, both physical space parks and rule of law-guaranteed service systems were essentially a platform for pooling resources and protecting development。
Zhou yiu-woo was at the forefront of science and experienced a wave of global science creation in shanghai. Zhang jiang, hong kong, bay zero ... Looking at numerous start-ups taking root here, she has captured the deep pains of enterprise development. “the financial chain of many msmes is so tight that, once abused, it is often a cruel choice: is limited funding used for a protracted and unforeseeable lawsuit or for the next round of research and development?” according to zhou kiryu, many enterprises are not aware of the difficulty of defending their rights until technology is stolen and commercial secrets are “naked”。
As a bridge between government and business, zhou ki-woo believes that the key to deconstructing this challenge lies in building a chain-wide platform for the rule of law. She was pleased to see that the shanghai prosecution service was in transition from “after-fire” to “pre-emptive warning”. “in particular, the `vice-president of the rule of law' mechanism, the prosecutor's access to the enterprise's campus, where businesses encounter difficulties in knowing who to turn to, can find professional support by telephone.” zhou kiryu said。
In zhou ki-woo's view, this platform needs to be developed by all parties: the park provides a supportive service, the judiciary improves the quality of cases, the media strengthens the rule of law and works together to create a secure, stable and predictable environment for business creation。
She looked forward to working together, with the oversight support of the shanghai city people's standing committee, to strengthen the service-building platform so that businesses could no longer become “rights defenders or r & d” in order to protect the productivity of new goods under the rule of law and help build science, technology and innovation centres in shanghai with global impact。
Yang jun:
Judicial protection of intellectual property rights requires concerted governance
“the judicial protection of intellectual property rights is not a family matter and requires a concerted approach.” a representative of the shanghai city people's congress, a member of the judicial commission of the shanghai city people's congress, and a senior senior partner of the chinese law office in shanghai, yang jun, have been working together for many years to identify “keys” for judicial protection of intellectual property rights。
In 2025, yang jun participated in a special monitoring of the judicial protection of intellectual property organized by the shanghai city people's congress. “the permanent council of the municipal people's congress, which focuses on the subject of judicial protection of intellectual property rights, also monitors the work of public security, prosecution and the courts, with the aim of furthering sectoral barriers and consolidating protection efforts.” in particular, she noted that, in the course of the seminar, companies had generally reflected the remarkable success of shanghai in optimizing the development of intellectual property rights and protecting the environment in recent years, and hoped that the judiciary would follow up on new developments regarding the protection of commercial secrets at first instance and the possibility of initiating criminal measures when civil rights were weak。
In the view of the yang jun, an effective response to these corporate claims requires a deepening of the judicial system and a concerted approach. She was pleased to see that the shanghai prosecution service had explored the creation of a system of “practice leadership, expert collaboration and training”. “prosecutors of intellectual property have been established at all three levels of the public prosecutor's office throughout the city, and the accuracy of the prosecutor's technical fact-finding and application of the law has increased significantly through business competitions and case studies.” the yang jun stated that in 2025, she had listened to the first national case of impersonating an international branded children's show service trademark, handled by the public prosecutor's office of pudong district of shanghai, and expressed appreciation for the prosecutor's capacity to justify logic。
The yang jun was impressed by the pattern of the shanghai prosecution service through the support of the “technical investigator”. “it is not possible for prosecutors, who are specialized in all fields and with the help of the outside brain of universities and scientific institutions, to effectively solve technical difficulties and achieve precision.” the yang jun said that this model had effectively improved the quality of the case。
“synergy means that the law of public prosecution and even the executive branch must work together.” the yang jun stated that the shanghai city people's standing committee's special oversight was aimed at promoting better coordination and cooperation among the relevant authorities by identifying common points of closure, strengthening coordination and protection, and ensuring the development of new quality and productivity. She suggested that the exploratory practice of judicial protection of intellectual property rights in shanghai should be translated into a replicable “shanghai experience” to the national level。
Shaanbo:
Businesses need to be involved in the protection of their properties
“small microentrepreneurs should not only view themselves as passive objects of protection, but should become active participants in intellectual property protection systems.” in view of the concern of the operator that he was “unsure of how to leave evidence and cannot afford to identify” when he visited the zone for the development of the economic technology of the rainbow bridge in shanghai, which was a start-up enterprise and a founding block along the goofland road, the shanghai mayor of ning district and the director of the shanghai river law office noted that many enterprises were less aware of their initiatives to defend their rights。
In 2025, the standing committee of the chang ning district people's congress monitored the judicial protection of intellectual property rights in the region and issued a report stating that the quality of judicial protection needed to be improved, that professionalization needed to be strengthened, that mechanisms for coordinated protection needed to be optimized and that social governance needed to be deepened。
He was involved throughout the study and felt deeply that delegates could be empowered in both the exercise of their functions and the administration of justice. He translated into a proposal for a bill calling on professional technicians to participate as auxiliary persons in the taking of evidence to compensate for the short-term nature of the case; and, in response to the problem of the difficulty of proof for rights-holders in commercial secrecy cases, he suggested exploring a reasonable shift of the burden of proof by requiring the infringer to indicate the lawful origin of the information that the other party had come into contact with secret information and the high degree of similarity of the product, in order to promote the creation of a standard of evidence in the form of regional guidelines。
At the same time, he called on micro-entrepreneurs to renew their concept, move from passive waiting to active participation, establish timely evidence, accede to industry self-regulation conventions, and establish “prosecutor services” and “law and order vice-director” in parks such as shanghai silicon lane and east rainbow bridge。
“the meaning of the rule of law is to give every innovator the confidence to create and operate. The protection of intellectual property rights is one of the most visible features of the rule-of-law business environment when people's supervision contributes to the improvement of the system, the deepening of the prosecution service and the active involvement of enterprises。
