The reports from “SPC & SPP”: Strengthen the Judicial Protection of IPR in China

March 29, 2007

At the fourth full session of the Fifth Session of the Tenth National People's Congress opened on March 13, 2007, President of China's Supreme People's Court (SPC), Xiao Yang, and President of the Supreme People's Procuratorate (SPP), Jia Chunwang, delivered their work reports respectively. The reports from SPC and SPP both emphasized on the issues of enhancing the judicial protection of IPR and cracking down on criminal cases of IPR infringement in accordance with the law in order to provide a strong judicial guarantee for the construction of a harmonious society.

It was Xiao Yang reported in his work report that, in 2006 China cracked down on the criminal cases of IPR infringement in accordance with the law. 2,277 cases of counterfeit, pirate or other criminal cases of IPR infringement had been heard and concluded, in which 3,508 people were convicted and sentenced. Among all criminals convicted, 153,724 received sentences from five years or longer in prison up to life imprisonment and death penalty. In order to strengthen the abilities of independent innovation and promote the construction of national innovative systems, the local courts at various levels put more emphasis on the judicial protection of IPR, and cracked down on IPR infringement cases in accordance with the law, 14,056 civil cases had been convicted and sentenced with the total litigation fees of RMB 2.71billions. Of the total cases, there are 5751 copyright cases, 2378 trademark cases, 2378 patent cases and 1188 unfair competition cases.

It was Jia Chunwang reported in his work report that, 2006 was the significant year in the process of developing the prosecution work. To strengthen the judicial protection of IPR and environmental recourses, the procuratorial organs approved the arrests of 3,729 people suspected of IPR violations in manufacturing and selling counterfeited products and infringing trademark rights, copyrights and business secrets, and prosecuted 3,634 people, an increase of 16.7 percent and 12.6 percent respectively over the previous year.