Zhou Xx v. Xiang Xx and Li Xx (case of supervision over serial fictitious actions involving copyright ownership and infringement dispute)
(Case No.192 of the Guiding Case of the Supreme People's Procuratorate)
Key words
Protection of intellectual property rights, Copyright dispute, Copyright registration, Fictitious action, Digital procuratorial work, Comprehensive performance of duties
Key point
A person may constitute the crime of fictitious action, where he fraudulently obtains copyright registration for others' works by impersonating the author, uses it as the main evidence of a lawsuit for the purpose of making illegitimate profits, causes harm to the legitimate rights and interests of others, and disturbs the judicial order. The procuratorial organs shall actively promote digital procuratorial work, leverage big data to empower innovative legal supervision models, and overcome bottlenecks in the supervision over fictitious action. In cases of fictitious actions in the field of intellectual property rights, the procuratorial organs shall initiate supervision proceedings within their authority, and promote comprehensive governance through supervising effective civil judgments, transferring clues related to criminal cases, providing social governance opinions and recommendations, and other ways.
Relevant provisions
Article 266 and Paragraph 1 of Article 307 of the Criminal Law of the People's Republic of China (Rev. 1997)
Article 215(2) of the Civil Procedural Law of the People's Republic of China (Effective since 2021)
Article 11 of the Copyright Law of the People's Republic of China (Rev.2010)
