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Interpretation on Several Issues concerning the Specific Application of Law in Handling Criminal Cases of Intellectual Property Infringement (II) (2007)

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(二)

Type of laws Judicial interpretation

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

Promulgating date Apr 05, 2007

Effective date Apr 05, 2007

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 (II) were promulgated in 2007 and entered into force on 5 Apr. 2007.

There are 7 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 copyright infringement;

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

3.In criminal proceedings, the parties, defenders, agents ad litem or third parties may apply in writing to take confidentiality measures for evidence and materials related to trade secrets or other business information that needs to be kept confidential.

4.If the victim has evidence to prove the crime of intellectual property infringement, he/she can file a criminal case with the court directly.

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