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| Circular of the Supreme People's Court on Further Strengthening the Judicial Protection of Intellectual Property Rights | | 最高人民法院关于进一步加强知识产权司法保护工作的通知 |
(No. 200 [2004] of the Supreme People's Court) | |
（法[2004]200号） |
The Higher People's Courts of all provinces, autonomous regions and municipalities directly under the Central Government, the PLA Military Court, and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region: | |
各省、自治区、直辖市高级人民法院，解放军军事法院，新疆维吾尔自治区高级人民法院生产建设兵团分院： |
The State Council has decided to carry out an intellectual property protection campaign throughout the country in a one-year period or so and, on August 27, 2004, held a national TV/telephone conference for making arrangement for the campaign. As judicial organs, the people's courts have an unshirkable duty in the regulation of intellectual property right relations, the protection of the legitimate rights and interests of people concerned and the punishment on intellectual property infringements. With a view to further strengthening the judicial protection by the courts of various levels of intellectual property rights, bringing into full play the judicial functions and providing effective judicial support in the intellectual property protection campaign, this Circular is hereby given as follows: | |
国务院决定用一年左右的时间在全国范围内开展保护知识产权专项行动，并于2004年8月27日召开全国电视电话会议进行了部署。人民法院作为国家的审判机关，在依法调整知识产权关系、维护权利人的合法权益、惩治侵犯知识产权犯罪等方面，负有义不容辞、不可替代的法律职责。为了进一步加强各级法院的知识产权司法保护工作，充分发挥各项审判职能，为保护知识产权专项行动的深入开展提供有力的司法保障，特通知如下： |
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| 1.Enhancing understanding, strengthening the leadership and treating the judicial protection of intellectual property rights as an important judicial task. The Party and the government have been paying great attention to the protection of intellectual property rights. With much effective work being done, a system of laws and regulations, a system of administration and law enforcement and a judicial protection system in respect of intellectual property rights have taken shape in China. We should notice, however, that China still faces a great challenge in the protection of intellectual property rights, with infringing acts frequently taking place in some regions and sectors, and that it is urgent to rectify the phenomena of non-compliance and non-strict enforcement of law. China's modernization construction and economic and social development, the implementation of China's opening policy, the building of a good international image and the improvement and standardization of the market order all call for more effective protection of intellectual property rights. The courts of various levels shall, under the guidance of Deng Xiaoping Theory and the important thoughts of "Three Represents" and from the high plane of the implementation of the Party Center's general plan for managing state affairs according to law, strategy of invigorating the country through science, technology and education and strategy of sustainable development, and of the establishment of scientific concept of development and correct concept of performance, fully understand the important significance of carrying out the intellectual property protection campaign, treat the strengthening of judicial protection of intellectual property rights as an import measure of the people's courts for serving the overall plan of the Party and government and implementing the policy of conducting the judicial work for the people, effectively strengthen the leadership, overcome interference of regional and sectoral protectionism, conduct prompt and fair trials of various criminal, civil and administrative cases involving intellectual property infringements. They shall give full play to the standardization, guidance, regulation and protection roles of China's intellectual property law and, through the judicial activities, safeguard legal acts, penalize illegal ones, punish crimes, standardize orders, guarantee that the campaign should be carried out in depth, and open up a new prospect of judicial protection of intellectual property rights in China. | | 一、提高认识，加强领导，把知识产权司法保护工作作为人民法院一项重要审判任务来抓。党和国家一贯高度重视知识产权保护，并做了大量卓有成效的工作，初步建立起了知识产权法律法规体系、管理执法体系和司法保护体系。但是，我们也必须看到，我国保护知识产权工作面临的形势仍很严峻，部分地区和领域的侵权行为相当严重，有法不依、执法不严的现象亟待改善。加大知识产权保护力度，是我国现代化建设和经济社会发展的客观需要，是进一步扩大开放，树立良好国际形象的迫切要求，是整顿和规范市场经济秩序的一项重点工作。各级法院要以邓小平理论和“三个代表”重要思想为指导，从贯彻落实党中央关于依法治国方略、科教兴国和可持续发展战略、树立科学的发展观和正确的政绩观的高度，充分认识开展保护知识产权专项行动的重要意义，把加强知识产权司法保护工作作为人民法院服务于党和国家工作大局和落实司法为民的重要措施来抓，切实加强领导，排除地方和部门保护主义的干扰，及时依法公正审理各类侵犯知识产权的刑事案件和涉及知识产权的民事、行政案件，全面发挥我国知识产权法律所具有的规范、引导、调节、保障等作用，通过人民法院的司法活动，维护合法，制裁违法，惩处犯罪，规范秩序，保障此次专项行动的深入开展，开创我国知识产权司法保护的新局面。 |
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2.Stressing and strengthening the main points, and severely punishing crimes of manufacturing and selling fake products and infringing intellectual property rights. Crimes of infringing intellectual property rights, such as trademark counterfeiting and piracy, have seriously undermined the operating rules and competitive orders of the socialist market economy, directly jeopardize the legitimate rights and interests of intellectual property holders and also of the consumers and, especially, the counterfeiting acts in sectors of food, drug and agricultural materials have seriously jeopardized the nation's economy and the people's livelihood. The courts of various levels shall further strengthen the criminal punishment upon crimes of infringing intellectual property rights and, according to the arrangement for the campaign and in the light of the local conditions, pay attention to and severely punish crimes that seriously jeopardize the life and health and the immediate interests of the people, gravely impact the market order and economic development and cause strong complaints among the local masses. The cases involving large amounts of money with serious circumstances and causing great damage to the interest of the country and people, especially those with the participation or harboring or connivance of any state functionary, shall be treated as major cases and promptly tried, with the offender concerned being severely punished and, if required by law, given a heavier punishment. In handling the cases, attention should be paid to the product quality so as to accurately apply the criminal law. Those who counterfeit any registered trademark or logo of any other person, and manufacture and sell inferior-quality products shall be convicted of the crime with a heavier punishment and punished accordingly in accordance with the criminal law. Various kinds of punishments shall be adopted to crack down on crimes of infringing intellectual property rights. In addition to principal punishments, the application of pecuniary punishments shall also be taken seriously. Where any law provides that a fine or confiscation of property shall be imposed in addition to a principal punishment, such fine or confiscation of property must be imposed; where any law provides that a fine or confiscation of property may be imposed in addition to a principal punishment, such fine or confiscation of property shall generally be imposed; the illegal gains of criminal offenders shall be recovered or a proper compensation shall be paid accordingly, and the property of the criminal offender used for committing the crime shall be confiscated. The right of a victim to bring a criminal private prosecution shall be effectively protected and the acceptance, mediation and trial of private prosecution cases in respect of intellectual property infringements shall be done properly. The people's courts shall accept the criminal intellectual property cases brought directly by the victims to the people's court if the requirements for a private prosecution are met, or transfer the case to the public security organ for investigation if it lacks sufficient evidence and may be entertained by the public security organ or if it is held that the prosecuted will likely be sentenced to at least an imprisonment of three years.
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