Administrative, civil and criminal law provide the legal system to protect intellectual property rights (IPR). Yet administrative and civil sanctions alone are insufficient to make the public and transgressors aware of the seriousness of IPR infringement.
China has made considerable progress in improving its IPR protection regime in recent years. It is undeniable that IP civil torts and related offences have yet to be contained, and the weak, perfunctory criminal protection of IPR is a source of concern. Below are some thoughts on how this can be ameliorated.
Clarifying conviction and sentencing standards and lowering thresholds of crimes are clear signs that IP protection is being strengthened. Several pieces of legislation provide a clear legal basis to reinforce protection of IPR. In the 1997 revision of the Criminal Law, seven types of crimes on IPR violation were set out, including copyright infringement, counterfeiting registered trademarks and counterfeiting patents. The crimes of production and sale of fake or substandard commodities and illegal business operations may also touch upon IPR infringement in some cases. The Criminal Law, being a more general legislation, lacks specific sentencing criteria.
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Wang Yadong is the managing partner and Han Yufeng is an IP counsel of Run Ming Law Office
