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Interpretation on Several Issues concerning the Specific Application of Law in Handling Criminal Cases of Intellectual Property Infringement (2004)

关于办理侵犯知识产权刑事案件具体应用法律若干问题的解释

Type of laws Judicial interpretation

Issuing body Supreme People's Court , Supreme People's Procuratorate

Promulgating date Dec 08, 2004

Effective date Dec 22, 2004

Validity status Valid

Scope of application Nationwide

Topic(s) Intellectual Property Criminal Law

Editor(s) C. J. Observer

The Interpretation on Several Issues concerning the Specific Application of Law in Handling Criminal Cases of Intellectual Property Infringement were promulgated in 2004 and entered into force on 22 Dec. 2004.

There are 17 articles in total, which aim to provide procuratorates and courts nationwide with a unified law application standard in handling criminal cases of intellectual property infringement.

The key points are as follows:

1.How to determine the crime of counterfeiting registered trademarks;

2.How to determine the crime of illegally manufacturing registered trademark logos and selling registered trademark logos illegally manufactured;

3.How to determine the crime of counterfeiting patent;

4.How to determine the crime of copyright infringement;

5.How to determine the crime of selling infringing copies;

6.How to determine the crime of trade secret infringement;

7.Anyone who knowingly provides loans, funds, accounts, invoices, certificates, licenses, or other conditions or assistance such as production and business premises, transportation, storage, import and export agency for others to commit the crime of intellectual property infringement, shall be punished as an accomplice in the crime of intellectual property infringement.

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