The Role of the Procuratorate in Intellectual Property Cases

April 09, 2021 | BY

Susan Mok

The criminal law enforcement role of the procuratorate is well-known, but its function in supervising China's framework of intellectual property regulation can sometimes be forgotten. As China establishes a new network of IP Procuratorate Offices, Danlei Wu of Fangda Partners analyzes the impact on the country's IP landscape

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The importance of the procuratorate in the system of IP protection in China has long been overlooked. Besides presenting cases in criminal proceedings, the procuratorate also has a critical supervisory role in civil and administrative cases under Chinese legal system. But its impact on these cases, in particular those involving IP disputes, has been controversial and inconsistent. The establishment of Intellectual Property Procuratorate Offices is expected to change the dynamic and make procuratorate a more prominent force in China's IP landscape.