China’s National People’s Congress Releases Translation of Criminal Law Including IP Provisions

Posted on Categories Copyright, New Law, Rule or Implementing Regulation, Trade Secrets, Trademarks

China’s National People’s Congress has recently released a translation of China’s Criminal Law, which includes many Intellectual Property provisions.  The Criminal Law was most recently amended at 24th Meeting of the Standing Committee of the Thirteenth National People’s Congress on December 26, 2020 and went into force on March 1, 2021. The amendments increase the maximum sentencing term for IP crimes and also add a new article somewhat similar to the US’ Economic Espionage Act potentially in effect if not …

China’s Supreme People’s Procuratorate Releases the 48th Batch of Guiding Cases Focusing on IP

Posted on Categories Case, Copyright, Trademarks

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.

Belgian Artist Christian Silvain Wins Copyright Suit Against Sichuan Academy of Fine Arts Professor at Beijing IP Court

Posted on Categories Case, Copyright

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

Posted on Categories Case, Copyright, Trade Secrets, Trademarks

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.