China’s National People’s Congress Passes Amended Criminal Law Adding an Economic Espionage Article and Increasing Prison Time for Intellectual Property Crimes

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

On December 26, 2020, the Twenty-Fourth Meeting of the Standing Committee of the 13th National People’s Congress of China voted to pass the “Amendment to the Criminal Law of the People’s Republic of China (11)” (中华人民共和国刑法修正案(十一)), which will go into effect on March 1, 2021. The Criminal Law includes several articles for intellectual property crime and the amendments increase the maximum sentencing term. The amendments also add a new article somewhat similar to the US’ Economic Espionage Act potentially in …

China’s Supreme People’s Court Releases Guidelines for Enforcement of Intellectual Property Judgments

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

On December 10, 2020, China’s Supreme People’s Court released “Guidelines for Enforcement of Intellectual Property Judgments” (知识产权判决执行工作指南). The Guidelines have 29 Articles that cover the types of cases the Guidelines cover; enforcement of civil intellectual property cases; enforcement of intellectual property administrative cases; and enforcement of criminal intellectual property cases.

China’s Second Draft of Amended Criminal Law Retains Trade Secret Provision Targeting Foreigners

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

On October 21, 2020, China’s National People’s Congress released a second draft of the amended criminal law.  Perhaps because of the U.S. Department of Justice’s (DOJ) increased enforcement of the Economic Espionage Act (EEA) targeting China as a beneficiary, the Chinese draft retains a provision for foreign-related trade secret theft from the first draft. Specifically, Article 219 will have a new paragraph, “For stealing, spying, buying, or illegally providing trade secrets to foreign institutions, organizations, or personnel, it shall be punished …

China’s Supreme People’s Procuratorate Amends Prosecution Standards for Criminal Trade Secret Theft

Posted on Categories Trade Secrets

On September 18, 2020, China’s Supreme People’s Procuratorate of the Ministry of Public Security released the Decision of the Supreme People’s Procuratorate of the Ministry of Public Security on Amending the Prosecution Standards for Criminal Cases of Commercial Secret Infringement (最高人民检察院 公安部关于修改侵犯商业秘密刑事案件立案追诉标准的决定). The decision brings the prosecution standards in line with the recent Supreme People’s Court issuance of Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Infringement of Intellectual Property Rights (3) (关于办理侵犯知识产权刑事案件具体应用法律若干问题的解释(三)), notably, the reduction in threshold required to prosecute …