The People's Procuratorate of Chengdong District, Xining City
"IP Awareness Week" series of activities
In July 2023, after the centralized jurisdiction of intellectual property cases in Xining City, the Party Group of the Chengdong District People's Procuratorate attached great importance to it and immediately established the Intellectual Property Prosecution Office of the People's Procuratorate of Chengdong District, Xining City, aiming to deepen the reform and break through the problems, make good use of political wisdom, legal wisdom and wisdom in performing duties, do a good job in intellectual property prosecution under the new situation, improve the level of intellectual property protection under the rule of law, and provide a more powerful procuratorial guarantee for the vigorous development of regional intellectual property rights.
During the National Intellectual Property Publicity Week, the People's Procuratorate of Chengdong District, guided by General Secretary Xi Jinping's "innovation is the first driving force to lead development, and the protection of intellectual property rights is to protect innovation", and with the special actions of "inspection quality" and "inspection and protection of enterprises" as the core, the People's Procuratorate of Chengdong District carried out a series of special intellectual property protection activities with the theme of "Reflecting the Emblem of the Initial Heart, Casting the Soul of the East Inspection".
Part1
Crack down on intellectual property infringement crimes and make every effort to ensure high-quality economic development
Since the centralized jurisdiction of intellectual property cases, the Chengdong District People's Procuratorate has closely focused on the goal of serving governance, taking the function of intellectual property prosecution and protection as the focus of integration and serving the overall situation, improving the initiative and effectiveness of procuratorial performance of duties, and providing procuratorial impetus for innovation-driven high-quality economic development. He has successively handled a number of criminal cases of copyright infringement and trademark rights, among which the case of Li Moumou's crime of selling goods with counterfeit registered trademarks was selected as a typical case of intellectual property rights in our province.
Crack down on criminal cases involving intellectual property rights, actively perform their duties, strike hard, enhance service awareness, make it clear that trademarks are an important carrier for consumers to understand enterprises, and all the production factors and patents and other knowledge of enterprises will be concentrated in trademarks, and the popularity of trademarks is the most intuitive manifestation of enterprise competitiveness. It is an inevitable requirement and an effective way to maintain a healthy and orderly consumption environment. Strengthening the judicial protection of copyright will not only help protect the legitimate rights and interests of creators, disseminators and users, encourage the creation and dissemination of works, but also help promote the healthy development of the mainland's copyright industry and promote the construction of a strong country with intellectual property rights.
In the next step, the Chengdong District People's Procuratorate will deepen the comprehensive performance of the "four major procuratorates", strengthen the two-way connection while severely cracking down on criminal offenses, form a joint force of law enforcement and justice, establish a long-term mechanism for the protection of intellectual property rights, create a good atmosphere for intellectual property protection, and make every effort to ensure high-quality economic development.
Part2
Escorted by the rule of law, and work together to build a collaborative protection system for intellectual property rights
In order to actively promote the comprehensive performance of intellectual property procuratorial duties and increase the punishment of intellectual property infringement crimes, members of the Intellectual Property Office of the Chengdong District People's Procuratorate, together with the public security organs and market supervision and management departments, carried out a joint meeting of the "doubles" special activity to communicate, exchange speeches, and reach consensus on the procedural connection of administrative and criminal cases involving intellectual property rights, the acceptance of evidence, and the application of law.
Strengthen coordination and docking between judicial organs and administrative law enforcement departments, exchange information, jointly solve blockages and pain points in the process of handling cases, promote the two-way connection between administrative law enforcement and criminal justice through the comprehensive performance of intellectual property rights, crack down on and punish illegal crimes of selling counterfeit goods and shoddy goods, actively promote the governance of litigation sources, and form a synergistic effect between judicial protection and administrative protection in the field of intellectual property rights.
In the next step, the Chengdong District People's Procuratorate will devote itself to building an integrated civil, administrative and criminal protection pattern for intellectual property rights, improving the collaborative protection system for intellectual property rights, and promoting the diversification of intellectual property protection.
Part3
Seminar on "Intellectual Property Administration, Judicial Practice and Challenges".
In order to gain an in-depth understanding of the practices and challenges of intellectual property administration and justice, and jointly explore solutions, so as to promote the vigorous development of intellectual property protection. During the Publicity Week, the Intellectual Property Office of the People's Procuratorate of Chengdong District was invited to participate in the seminar on "Intellectual Property Administration, Judicial Practice and Challenges" hosted by Qinghai Lizhan Law Firm and Beijing Dacheng (Xining) Law Firm.
At the symposium, the participants conducted in-depth discussions and exchanges on the hot spots of intellectual property protection and the problems existing in judicial practice. Based on the procuratorial protection of enterprises, procurators expect law firms to make substantial contributions in the field of intellectual property protection and write a new chapter in the cause of intellectual property protection.
In the next step, the Chengdong District People's Procuratorate will continue to strengthen communication and exchanges with defense lawyers, show their abilities, deepen the coordination and cooperation between prosecutors and lawyers, promote the active work model, strengthen normalized communication and contact, co-governance and sharing, and work together to promote the protection of intellectual property rights.
Part4
"Entering the market through court trials and publicizing into the hearts of the people" intellectual property law popularization publicity
In order to establish the awareness of respecting knowledge, advocating science and protecting intellectual property rights, and to create a legal environment that encourages knowledge innovation and protection of intellectual property rights, on the 24th World Intellectual Property Day, the People's Procuratorate of Chengdong District of Xining City sent personnel to appear in court to support the prosecution of the copyright infringement case of He Moumou. Without the authorization of the copyright owner and other rights holders, the defendant He Moumou privately built an online theater for the purpose of making profits, and provided more than 124,000 film and television works collected from multiple video websites to theater members to watch, thereby illegally making a profit of more than 60,000 yuan.
During the trial, the public prosecutor interrogated the defendant in accordance with the law on the facts of the crime charged in the indictment, read out the provisions of the plea leniency system and its legal consequences, presented and debated evidence, and the prosecution and defense fully debated the facts of the case and the conviction and sentencing. The trial process was smooth, well-organized and focused. Defendant He XX had no objections to the facts and evidence of the alleged crime, and voluntarily pleaded guilty and accepted punishment. The observers said that through today's trial, they have a further understanding of intellectual property protection, a more intuitive feeling of the judgment of infringement, and an enhanced awareness of copyright protection. This open trial gave full play to the role of "explaining the law with cases", realized "face-to-face" law popularization with "zero-distance" observation, created a cultural atmosphere of intellectual property protection that respects knowledge, advocates innovation, and is honest and law-abiding, and also lays a solid mass foundation for intellectual property protection work.
On the same day, the People's Procuratorate of Chengdong District of Xining City, together with the Provincial Procuratorate and the Municipal Procuratorate carried out publicity on the popularization of intellectual property rights in the central square of Xining, and jointly carried out the popularization of intellectual property rights in the small commodity market of Chengdong District of Xining City, the Chengdong District People's Court of Xining City, the Chengdong Public Security Branch of the Xining Municipal Public Security Bureau, and the Market Supervision and Administration Bureau of Chengdong District of Xining City, and achieved good social results.
Part5
The "Intellectual Property Big Data Supervision Model" empowers intellectual property legal supervision
Intellectual property protection is an important position for procuratorial organs to perform their duties in the new era, but there are many difficulties in the process of handling intellectual property criminal cases, legal supervision and social governance, such as the lack of effective linkage between administrative law enforcement agencies, public security organs and procuratorial organs in the process of handling intellectual property cases, and it is difficult to prevent the risk of "substituting punishment with fine" and "not punishing without punishment".
The "Intellectual Property Big Data Supervision Model" created by the Xining Municipal People's Procuratorate uses the model to screen the relevant data through the obtained electronic data of the mobile phones involved in the case, and analyzes and supervises other related electronic data to add the amount of crimes, accurately charge crimes, and improve the accuracy of crackdowns. The Xining Municipal People's Procuratorate will transfer this model to the Chengdong District People's Procuratorate, and the Chengdong District People's Procuratorate will use the model to screen the electronic data of relevant cases, effectively improve the quality and efficiency of intellectual property supervision, form a pattern of intellectual property criminal protection for information sharing, and help optimize the business environment under the rule of law.
In the next step, the People's Procuratorate of Chengdong District, Xining City, will take this intellectual property publicity week as an opportunity, combined with the special activities of "procuratorial protection of enterprises" and "inspection and protection quality", and effectively improve the quality and efficiency of case handling by continuously deepening the integrated performance of intellectual property rights, comprehensive performance and active performance of duties, give full play to the efficiency of administrative + judicial linkage, promote the implementation of comprehensive protection of intellectual property rights, and provide a solid foundation for the development and transformation of intellectual property rights. Forge new quality productivity and provide better legal protection.
Producer/Wu Dongjian Editor-in-charge/Li Xiaoyun
Editor/Li Ting
Source/People's Procuratorate of Chengdong District, Xining City