On September 18, 2023, China’s National Intellectual Property Administration (CNIPA) issued the Draft Regulations on the Protection of Geographical Indication Products for Comment (地理标志产品保护规定（征求意见稿)). The Draft moves the examination and approval process from the General Administration of Quality Supervision, Inspection and Quarantine to the CNIPA, introduces a good faith requirement and adds a detailed examination process.
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.
In yet another tough criminal sentence for counterfeiting of registered trademarks, the People’s Court of Hecheng, Hunan, China sentenced He XX to a 4-year prison sentence and 1.8 million RMB fine for counterfeiting registered trademarks of Western cosmetic brands including Dior, Hermes, Lancome, and SK-II. Since December 2021, He XX purchased, at low prices, perfume, lipstick, face masks and other foreign-branded cosmetics from unknown sources. Without obtaining the permission of the aforesaid registered trademark owner, He XX instructed employees to …
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.