New Criminal Liability Standards for IP Crimes, Part II: Copyrights, Trade Secrets and Patents
February 28, 2005 | BY
clpstaff &clp articlesFollowing the article in the February issue of China Law & Practice on the trademark counterfeiting provisions of the new judicial interpretation on IP crimes, here we set out an overview of the interpretation¡¦s provisions regarding other types of IP violations, including copyright, trade secrets and patents.
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By Joseph Simone, Partner, Baker & McKenzie
The new judicial interpretation on intellectual property crimes, issued by the Supreme People¡¦s Court (SPC) and Supreme People¡¦s Procuratorate (SPP) in December 2004, sets out detailed standards for determining whether trademark counterfeiting may be pursued as a criminal offence. It also contains new standards for criminal liability for infringement of copyrights and trade secrets, as well as for the passing off of patents, which are described below.