Supreme People's Court, Supreme People's Procuratorate and Ministry of Public Security, Opinion on Several Issues Concerning the Application of the Law in Handling Criminal Cases of Intellectual Property Infringement

Issued: January 10 2011

Main contents: The Opinion is formulated to specify the standards for the conviction and punishment of intellectual property infringement cases. Article 1 deals with the jurisdiction in criminal cases of intellectual property infringement and sets forth provisions on the definition of the locus delicti, disagreement over jurisdiction of different locus delicti of the same crime, and the jurisdiction in consolidation of cases. Article 2 specifies the validity of the evidence gathered and taken by an administrative law enforcement department.

When calculating the value of infringing products with counterfeit registered trademarks that have been manufactured, are stored, are being transported or have not been sold, the value of those the manufacture of which has been completed but to all or some of which the counterfeit registered trademark representations have yet to be affixed (or adhered) should be calculated as part of the illegal turnover if there is solid and sufficient evidence to show that the products were to pass off another's registered trademark (Article 7).