The Supreme People's Procuratorate (SPP) released a batch of typical cases on technical support for procuratorates handling cases involving intellectual property (IP) on Sept 2. The released cases were jointly compiled by the SPP's Intellectual Property Procuratorial Department and the Procuratorial Technology and Information Research Center.
The release comprises five cases, highlighting the comprehensive performance of procuratorial functions in IP protection and covering both criminal and civil areas.
The cases focus on difficult and complex technical issues arising in IP-related procuratorial work, such as determining patent infringement, ascertaining whether trade secrets are confidential, recognizing technical measures for copyright protection, assessing "hotlinking" behavior in online information dissemination, and identifying the perpetrators of cybercrimes.
The released cases fully demonstrate the role of technical support in IP‑related procuratorial case handling. Procuratorial organs adopted multiple approaches, including providing procuratorial technical assistance, appointing technical investigators, applying for experts with specialized knowledge to appear in court, and commissioning judicial appraisals, so as to strengthen the collation, analysis, review, and application of technical evidence.
Another distinctive feature is the deep integration of procuratorial expertise, procuratorial technology, and external technical resources in the exercise of procuratorial functions. Procuratorial organs performed their duties through technology-driven, high-quality, and efficient case handling, including approval of arrests, prosecution, independent investigation, supplementary prosecution, and protest against effective judgments, in order to combat IP infringement in accordance with the law.
They also supervised and corrected effective civil judgments involving patents, and clarified applicable rules on the allocation and shifting of the burden of proof.
A relevant official from the SPP's Intellectual Property Procuratorial Department noted that these cases are expected to provide references and guidance for procuratorial organs at all levels in handling IP-related cases. By establishing robust mechanisms for ascertaining technical facts, strengthening technical support in procuratorial work, and deepening the substantive review of technical evidence, procuratorial organs aim to continuously improve the quality and efficiency of IP-related case handling, the official added.
