China’s Ministry of Public Security Announces Ten Typical Cases of Combating Intellectual Property Infringement Crimes

Share Post:

According to 中国警察网, on April 21, 2022, China’s Ministry of Public Security announced “Ten Typical Cases of Combating Intellectual Property Infringement Crimes” (公安部公布打击侵犯知识产权犯罪十起典型案例). Crimes includes selling counterfeit athletic shoes, copyright infringement of various movies including the Chinese blockbuster The Battle at Lake Changjin about the Korean war as viewed from the Chinese side, counterfeit cosmetics, and fake corn seeds, etc.

In accordance with the unified deployment of the Ministry of Public Security, the national public security organs have further promoted the “Kunlun” special campaign, cracked down on various types of intellectual property infringement crimes in accordance with the law, and cracked a large number of infringement and counterfeiting crimes, effectively cracking down and deterring such illegal and criminal activities. On the occasion of World Intellectual Property Day, the Ministry of Public Security announced 10 typical cases:

1. Typical cases of cracking down on crimes against intellectual property rights in the Beijing Winter Olympics. In January 2022, the Beijing public security organs cracked the “1.01” case of manufacturing and selling pirated copies of “Bingdundun” and “Xue Rongrong” [Olympic mascots] based on online evidence, arrested 10 criminal suspects, and destroyed 6 counterfeit dens, and dug deep to find more than 30 online and offline pieces of evidence. In accordance with the unified deployment of the Ministry of Public Security, the public security organs of more than 10 provinces including Zhejiang, Jiangsu, Fujian, and Shaanxi jointly intervened to crack down on a number of criminal cases regarding infringement upon intellectual property rights during the Winter Olympics, creating a favorable legal environment for the protection of intellectual property rights for the successful hosting of the Beijing Winter Olympics.

2. Model Cases on Cracking down on Crimes of Counterfeit and Forged Commodities Endangering Public Security. In March 2022, the public security organ of Jieyang City, Guangdong Province, based on the exposure presented at the “3/15” news show of CCTV, which was transferred by the administrative law enforcement department, timely cracked a case regarding the production and sale of fake and shoddy wires and cables, arrested seven criminal suspects, investigated and punished three production enterprises for violations, seized a batch of wires and cables that did not meet the national standards, and conducted a special campaign in conjunction with the relevant departments to minimize public safety hazards and effectively safeguard public safety and the legitimate rights and interests of the people.

3. Typical Criminal Cases of Cracking down on Infringements and Counterfeits Endangering the People’s Livelihood. In February 2022, the public security authority of Chizhou, Anhui Province, based on the evidence transferred by the administrative law enforcement authority, cracked down on the case of the production and sale of counterfeit brand engine oil in the “9/14” series, arrested 10 criminal suspects, knocked out six counterfeit dens, seized more than 1,000 cases of counterfeit brand refined engine oil and 4.1 tons of raw oil, disrupted the sales network of illegal auto repair shops in multiple places, and timely blocked the flow of counterfeit brand engine oil to the market, so as to effectively guarantee the safe transportation of consumers.

4. Model Cases on Cracking down on Crimes of Infringing upon Trade Secrets. In March 2021, the public security organ of Shenyang, Liaoning Province, based on the tip-off, uncovered the case of “8.18” infringement on commercial secrets, arrested four criminal suspects, and eliminated the criminal gangs who stole design drawings, parameter data and other enterprise core technical information of a machinery company through internal and external collusion, effectively avoiding the further disclosure of enterprise trade secrets.

5. Typical Criminal Cases of Cracking down on Counterfeit Goods Sold by Live Broadcast. In June 2021, the public security authority in Heze City, Shandong Province, based on clues provided by the network platform, cracked down on the case of “6/16” counterfeit clothing, cracked down on live-streaming delivery of goods through “influencers,” used such stunts as factory direct sales and inventory clearance to lure consumers, and promoted counterfeit brands as genuine products via fraudulent counterfeit crime syndicates. In addition, 37 criminal suspects, including eight “influencers,” were arrested, which effectively maintained the fair competition order of the market and promoted the sound and sustainable development of the online economy.

6. Model Criminal Cases of Cracking down on Infringements upon Copyright in Film and Television Works. In December 2021, the public security authority of Tianjin Municipality, based on the evidence transferred by the administrative law enforcement authority, cracked the case of “12.15” copyright infringement, shut down  the infringing websites and their application programs for distributing pirated copies of  “The Battle at Lake Changjin” and other popular movies and TV movies, and seized more than 78,000 copies of various movies and TV movies. The public security authority of Tianjin Municipality timely curbed the proliferation and dissemination of pirated TV shows and movies, effectively purified the operating environment of the copyright market,and effectively serving the creation and prosperity of literature and art.

7. Model Cases on Cracking down on Crimes of Infringing upon Intellectual Property Rights of Private Enterprises. In May 2021, the public security authority in Taixing, Jiangsu Province, based on a tip-off, cracked the case of “7.29” production and sale of counterfeit optical communication modules, eradicated the entire chain of production, packaging, storage and sale crimes, arrested 30 criminal suspects, dismantled 15 criminal dens, and seized more than 170,000 counterfeit optical communication modules of domestic private enterprises, effectively protected the lawful rights and interests of enterprises, and effectively protected the high-quality development of the private economy.

8. Model Criminal Cases on Cracking down on Infringement of Intellectual Property Rights of Foreign-funded Enterprises. In January 2022, the public security authority in Longyan, Fujian Province, based on a tip-off, cracked down on the case of “1.10” production and sale of counterfeit athletic shoes, arrested 16 criminal suspects, smashed six counterfeit dens, and seized a large number of counterfeit athletic shoes having trademarks of brands of foreign-funded enterprises, legally protected the lawful rights and interests of foreign enterprises in China, and created a market-oriented, legal, and international business environment for serving the opening-up to the outside world.

9. Typical Criminal Cases of Cracking down on Counterfeit and Shoddy Commodities Endangering Food Security. In January 2022, the public security authority in Changchun, Jilin Province solved the case of producing and selling fake corn seeds by Liu et al., arrested four criminal suspects, and seized a batch of fake corn seeds on site. In addition, the public security authority recovered the sold fake corn seeds in a timely manner in conjunction with relevant departments, effectively avoiding losses caused by farmers’ purchase and use of fake seeds, and effectively guaranteeing spring plowing production.

10. Fight against typical infringing and counterfeit cases in the cosmetics field. In September 2021, the public security authority in Zhumadian City, Henan Province, cracked a case of manufacturing and selling counterfeit cosmetics, arresting nine criminal suspects, and seizing more than 13,000 boxes (or pieces) of counterfeit cosmetics such as lipstick, facial cream, and perfume, as well as a batch of counterfeit packaging and trademark logos. In addition, the public security authority smashed a criminal network of counterfeit sales involving more than 20 provinces, effectively safeguarding the legitimate rights and interests of consumers, and ensuring that the masses could buy and use cosmetics with peace of mind.

The original text of the announcement is available here (Chinese only) or here (Chinese only).

Author: Aaron Wininger

Aaron Wininger is a Senior Attorney and Director of China Intellectual Property at Schwegman Lundberg & Woessner.

Author: Aaron Wininger

Aaron Wininger is a Senior Attorney and Director of China Intellectual Property at Schwegman Lundberg & Woessner.