27 March 1995
All provincial, autonomous region and municipal People’s Procuratorates and Military Procuratorates:
In recent years, our country has given extremely high regard to intellectual property rights protection work, and has done large amounts of work in legislative, judiciary and law enforcement aspects. All levels’ prosecution organs coordinate closely with relevant departments, implement a legal supervision function, and have obtained certain achievements in investigating and prosecuting criminal intellectual property rights infringement. But, we should also be aware that, the consciousness of intellectual property rights protection is still relatively weak, unlawful and criminal intellectual property rights infringement activities still exist in large numbers, investigation and prosecution of unlawful and criminal intellectual property rights infringement activities must be further strengthened. On 11 January of this year, the Supreme People’s Procuratorate issued the “Notice Concerning Further Performing Intellectual Property Rights Protection Work”, deciding to extend the focus intellectual property rights law enforcement period that start on 1 January of this year to 31 August and concentrate forces to strengthen intellectual property rights protection propaganda, education and legal implementation at a nationwide level. In order to coordinate this operation, the following is notified:
I, Raising understanding, strengthening work consciousness. The intellectual property rights system has an important significance for promoting scientific and technological progress and stimulating economic development. Protecting intellectual property rights is a component part of our country’s reform and opening up policy, and is a need for stimulating scientific, technological and cultural undertakings’ flourishing and development and guaranteeing the regular operation of the Socialist market economy. Strengthening intellectual property rights protection work is a basic requirement for accelerating the establishment of a Socialist market economy system and realizing linking tracks with the global economy. All unlawful and criminal acts infringing intellectual property rights have damaged the dignity of the law, and infringed the lawful rights and interests of intellectual property rights holders, destroyed market economy order and influenced the development of our country’s foreign trade. All levels’ prosecution organs must make strictly attacking criminal activities of intellectual property rights infringement into an aspect of serving the Socialist market economy, fully give rein to their procuratorial functions, strive to effectively restrain unlawful and criminal activities of intellectual property rights infringement through this concentrated attack.
II, Grasping focus, expanding investigation and prosecution strength. All levels’ prosecution organs must strengthen links with culture, press and publications, industry and commerce, customs, public security, courts and other departments, tighten coordination and fully utilize the beneficial opportunity of the focus law enforcement period to strengthen investigation and prosecution of focus cases in criminal audiovisual product, book and periodical, and software piracy activities, criminal trademark counterfeiting, especially of famous trademarks, patent infringement as well as unfair competition crimes and other aspects listed in the “Notice” and production locations, distribution centres and sales points of infringing products. Cases that are currently handles must be speedily investigated and speedily concluded, speedily caught and speedily tried, we must strengthen public prosecution work in court and raise law enforcement levels.
III, Strictly enforcing the law, strengthening legal supervision. All levels’ prosecution organs must strengthen their intellectual property rights consciousness, grasp the laws and regulations protecting intellectual property rights and strictly implement them. They must dare to exercise their legal supervision duties over other organs that do not investigate crimes, replace punishment with fines and pass lenient sentences, and supervise them according to the law; in the process of handling cases, they must eliminate all interferences of local protectionism, correctly grasp the demarcation between crimes and non-crimes, firmly stop unlawful involvement in economic disputes and prevent shifting responsibility, disputing over trifles and handling cases in excess of authority.
IV, All levels’ prosecution organs in the process of investigating and handling intellectual property rights infringement cases, must pay attention to selecting model cases, openly report them through all sorts of news media, broadly and deeply propagate the prosecution organs’ activities attacking criminal activities, the achievements of protecting intellectual property rights, expose criminals, frighten criminals, encourage reports, carrying the legal system forward, raising the broad popular masses’ intellectual property rights consciousness and make it known to the international society that our country’s intellectual property rights protection laws have gained effective implementation.
V, Higher levels’ prosecution organs must timely grasp situations, strengthen guidance over and coordination with lower levels’ prosecution organs in investigating and handling intellectual property rights infringement crimes, and when necessary, must directly organize and command investigation and handling.
After the focus law enforcement period, all levels’ People’s Procuratorates shall still, according to the spirit of this “Notice”, perform investigation and prosecution work concerning criminal intellectual property rights infringement cases.