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SPP Publishes Guidelines on Handling IP Cases for Chinese Procuratorates

Mon, 26 Jun 2023
Categories: China Legal Trends

On 26 Apr. 2023, China’s Supreme People’s Procuratorate (SPP) released the “Guidelines on Handling Intellectual Property Cases for People’s Procuratorates” (hereinafter the “Guidelines”, 人民检察院办理知识产权案件工作指引).

The Guidelines is divided into three main sections, including (1) the handling of criminal intellectual property cases; (2) the handling of civil and administrative intellectual property litigation supervision cases; and (3) the handling of intellectual property public interest litigation cases.

The Guidelines also stipulates that the procuratorate may hold a hearing when handling an intellectual property case that involves relatively considerable disputes in fact-finding, application of law, case handling, or any other aspect, or that has significant social impact. As needed by the case, a person with expertise or a procuratorial technician may be invited to participate in the hearing. The hearing of an intellectual property case involving any trade secret may be held in private at the request of a party.

 

 

Cover Photo by jevens julian on Unsplash

Contributors: CJO Staff Contributors Team

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