It's a good way to stop crimes committed in the region
Kyouta's attorney general's office has set up a working mechanism to coordinate intellectual property protection
In recent days, the office of the joint inter-ministerial conference on the construction of the state intellectual property power has published a third series of typical cases of intellectual property power-building, and the beijing municipal public prosecutor's office, jointly with the public prosecutor's office of tianjin city and the public prosecutor's office of hebei province, has been successful in the selection of the “kyojin-yo public prosecutor's office for the establishment of a “tribe” cross-regional mechanism to combat intellectual property crime”. It is a serious commitment to combating the trans-regional criminal industrial chain in the field of intellectual property and a living judicial practice of the intellectual property prosecution powers to protect the high-quality development of the country and to serve the intellectual property power。
Kyojin wanted industrial integration to be compromised
Why do three prosecution services need to work together to combat crimes against intellectual property rights
The year 2024 marks the tenth anniversary of kyoto's aspiration for synergistic development to rise to a national strategy. Over the past 10 years, kyouta has sought to accelerate the integration landscape and to develop the power of innovation at her own advantage. However, in the performance of their duties, the three provincial and municipal prosecution authorities of kyinzu have found that the current crime of violating intellectual property rights is becoming more visible across regions, chained and hidden。
“with the advantage of `extreme speed' of kyojin's information, logistics and transport, impersonating the company's trademark, stealing the core technical secrets, and forming a three-part regional chain of fake-sale production, storage and sale, the outlaws have affected the development of kyojin's collaboration.” liu lina, head of the office of the public prosecutor of intellectual property in beijing, said。
For example, between 2019 and 2023, a black and grey industry chain of pirated books emerged, such as in kyoto. The suspect, hu yai, and others, purchased electronic copies of a large number of books from the internet platform, which were printed, edited and packaged according to the original book style, entrusted to a certain person by a number of printing companies located in a certain area, and sold the pirated books to a wholesale market in beijing. Following the incident, the public prosecutor's office of the zhongyang district of beijing city instructed the public security organs to investigate the case and found that the sale amounted to over 30 million yuan。
“we will sign a series of documents, such as the working opinion on strengthening the protection of intellectual property rights by the public prosecutor's office, strengthening the integrated governance of networks, and cross-regional collaboration in the maintenance of financial security, and the guidelines for referral by the public prosecutor's office of legal supervision in cases of infringement of intellectual property rights (pilot), which target prominent issues such as the high incidence of crimes against intellectual property rights, the marked trend towards industrialization and the increased sophistication of the profession.” war presentation by guo li, director of the office of the public prosecutor of intellectual property rights of hebei province。
The results of the above-mentioned judicial cooperation have been summarized as “sanctioned” - when dealing with cases of offences against intellectual property, the prosecution authorities of kyinzu xinjiang must examine the information on criminal leads from up and down, and include it in their reports; those who need to be transferred abroad must be sent to the provincial prosecutor's office and, in accordance with the law, to the public prosecutor's office; the prosecutor's office receiving the information must carefully verify and provide timely feedback on the results, thus forming a three-pronged response。
The sanctuary mechanism achieves full chain strikes
“in the course of the operation of the `three precincts' mechanism, achieving a full chain to combat crimes against intellectual property rights is central.” liu lina, introduction。
In the course of handling the aforementioned book piracy cases, the public prosecutor's office and the public security organs have been cooperating effectively in various areas, including checking the location of storage facilities, arresting suspects and questioning suspects. In april 2024, 16 persons of certain classes were sentenced to prison terms ranging from two to six years, each with a fine, for violating copyright. In addition, the beijing municipal public prosecutor's office, based on the database on criminal prosecutions of intellectual property rights in beijing, collided with relevant information, such as business registrations, and sent the first six criminal leads to the prosecution offices of tianjin and hebei provinces, cutting off the black chain of false sales。
According to the information received, in the past three years, the public prosecution service of kyushu has worked together on 322 cases through the san bing mechanism, 354 persons have been prosecuted and 51 criminals in exile have been prosecuted and sentenced. These include the first major cases of copyright violations in the country, including the sale of over 20 million books by criminal gangs under the supervision of five departments, including the copyright authority of the central department of publicity。
Criminal offences against intellectual property rights have been severely punished by law, which has injected little activity into the layout of industrial integration in kyojin. The beijing science and technology group, a leading military enterprise in some areas of the country, has continued its deployment of the kyozu industry, but in previous years it was almost “destroyed”: its employees stole 33,000 core confidential drawings and put them into use by other companies in the same industry, resulting in a serious erosion of the national market of the science and technology group. Following the receipt of the case by the beijing regional prosecutor's office, the business firm sought the cooperation of the chancho municipal public prosecutor's office of hebei province in the investigation of evidence that both successfully charged the crime and effectively protected the legitimate rights and interests of a beijing scientific and technological group and reduced economic losses。
The three precepts mechanism improves the quality of legal oversight
How can the “three imperatives” mechanism be effective in judicial practice, thereby helping to build a strong intellectual property power
“the mechanism has improved the detection of leads, the referral of leads and the evaluation of leads.” in the view of the director of the office of the public prosecutor's office of intellectual property of tianjin city, the “ten bing” mechanism has a large function to enhance the effectiveness of legal oversight around the legal oversight of intellectual property. The three provincial and municipal prosecution authorities have broadened the sources of information on cases of infringement of intellectual property rights by simultaneously examining criminal offences, civil infractions, administrative offences and public service litigation, and by creating a cross-regional model for the legal monitoring of large data on intellectual property rights。
Around 2020, there were a large number of counterfeit products from a well-known branded steel pipe in tianjin and hebei, leaving no one to look at. In accordance with the law, the prosecution service of the city of tianjin has filed a public action to recover more than 2,655,000 yuan in damages for the enterprise. At the same time, the public prosecutor's office in tianjin issued recommendations and transmitted them to the executive branch through the public prosecutor's office in hebei province, in a joint effort to promote social governance and effectively cleanse the market environment in the industry of kyojin's wire and scaffolding。
It is through this effective communication coordination mechanism that a green corridor has been established between the prosecution authorities and between the judiciary and the executive branch to deal with intellectual property cases and to ensure that intellectual property rights are protected in a coordinated manner while combating intellectual property offences in all their aspects and chains. Zhang yu, zhang yi
