On September 14, 2023, the Supreme People’s Procuratorate (SPP) released the 48th batch of guiding cases (关于印发最高人民检察院 第四十八批指导性案例的通知). This batch include 4 cases (Prosecution Cases No. 191-194) with the theme of “Comprehensive Procuratorial Protection of Intellectual Property Rights.” The cases yielded significant prison sentences for copyright infringement and false copyright litigation.
Category: Copyright
Belgian Artist Christian Silvain Wins Copyright Suit Against Sichuan Academy of Fine Arts Professor at Beijing IP Court
On August 24, 2023, the Beijing Intellectual Property Court announced a ruling for Belgian artist Christian Silvain against Sichuan Academy of Fine Arts Professor Ye Yongqing. The Court ruled that Ye infringed the copyright of Silvain in his paintings and ordered Ye to pay Silvain 5 million RMB, publish an apology in the Global Times newspaper and cease infringement. This is believed to be the highest damages award in China in a fine-arts case.
China Prosecutes 11,675 People for IP Crimes in 2023 H1
According to a press release dated August 4, 2023 from the China’s Supreme People’s Procuratorate (SPP) 11,675 people were prosecuted for IP Crimes in the first half 2023, up 36.1% year-on-year. Criminal trademark infringement made up the majority of IP crimes with 10,384 people prosecuted accounting for 88.9% of the total. Copyright was second with 1,122 persons prosecuted. Trade secret misappropriation was third with 167 people prosecuted, up 89.8% year-on-year.
Kunshan Court Sentences Defendants to 4-Year Prison Term for Selling Game Cheat Plug-Ins in Chinese Criminal Copyright Infringement Case
On June 29, 2023, the People’s Court of Kunshan City rendered a public judgment of first instance on the criminal case of defendants He and Wang’s illegal sale of the “Chicken Leg” (“鸡腿”) cheat game plug-ins for “Game for Peace” (和平精英) and PUBG MOBILE, sentencing both defendants to a fixed-term imprisonment of four years for the crime of copyright infringement and imposing a fine of 20 million RMB, and recovering the illegal proceeds and fruits thereof.