What is the litigation process for intellectual property rights
(1) Public Prosecution Procedure
The procuratorial organs exercising the state’s public prosecution power shall investigate and transfer cases to the public security organs for prosecution or For cases that have been concluded by self-investigation, if after comprehensive review it is confirmed that the criminal suspect's behavior has constituted a crime and criminal liability should be investigated in accordance with the law, the case shall be submitted to the People's Court for trial.
1. The public security agency directly files the case for investigation.
According to the Criminal Procedure Law, involving intellectual property rights The public security organs are responsible for filing and investigating all illegal and criminal acts. If any unit or individual discovers criminal facts or criminal suspects of infringement of intellectual property rights or other illegal operations during law enforcement in the cultural market, they can report the case or case to the public security organ in writing or orally. The victim can also report the case or case directly to the public security organ. Accusation. The public security organs shall quickly review the case report materials. If they believe that the criminal facts warrant investigation of criminal liability, they must open the case for investigation; if they believe that there are no criminal facts or insufficient criminal punishment and no criminal liability is required, the case shall not be opened and the reasons for not opening the case shall be informed. Reporter or victim. If the reporter or the victim is dissatisfied, he or she may apply for reconsideration or petition the prosecutor.The prosecutor's office filed a request. If the procuratorial organ believes that the public security organ’s reasons for not filing a case are untenable, it shall request the public security organ to file the case.
2. The administrative law enforcement agency transfers the case.
In order to punish crimes that disrupt the socialist market economic order in accordance with the law , crimes of obstructing social management order and other crimes, to ensure the smooth progress of socialist construction, the State Council has formulated the "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Agencies", which requires administrative law enforcement agencies to discover illegal facts involved in the process of investigating and handling illegal acts in accordance with the law. The amount, the circumstances of the illegal facts, the consequences of the illegal facts, etc., are based on the provisions of the Criminal Law on crimes of undermining the socialist market economic order, crimes of obstructing social management order, and the Supreme People's Court and the Supreme People's Procuratorate on crimes of undermining the socialist market economic order. , the judicial interpretation of crimes such as crimes of obstructing social management order, and the Supreme People's Procuratorate and the Ministry of Public Security's prosecution standards for economic crime cases. If a crime is suspected of constituting a crime and criminal liability needs to be investigated according to law, it must be transferred to the public security organ in accordance with regulations. When administrative law enforcement agencies transfer suspected criminal cases to the public security organs, they should prepare the following materials: (1) transfer letter of suspected criminal cases; (2) investigation report on suspected criminal cases; (3) list of items involved in the case; (4) relevant inspection reports or identification conclusion; (5) other materials related to the suspected crime.
In accordance with the "Criminal Law", "Criminal Procedure Law" and the Supreme People's Court , the Supreme People's Procuratorate's standards for filing cases and the Ministry of Public Security's regulations on the procedures for public security organs to handle criminal cases. The public security organs shall review the transferred cases from the date of accepting the suspected criminal cases transferred by the administrative law enforcement agencies. If it is believed that there are criminal facts and it is necessary to investigate formal liability and decides to file the case in accordance with the law, it shall notify the administrative law enforcement agency that transferred the case in writing; if it is believed that there are no criminal facts or the criminal facts are obviously minor and there is no need to pursue criminal liability, it shall not be investigated in accordance with the law.If a case is filed, the reasons shall be explained, the administrative law enforcement agency that transferred the case shall be notified in writing, and the case file materials shall be returned accordingly.
A case in which the administrative law enforcement agency decides to file a case against the public security agency , the items involved in the case and other materials related to the case should be handed over to the public security organs from the date of receipt of the notice of case filing, and the handover procedures should be completed; if laws and administrative regulations provide otherwise, such provisions shall prevail. If the public security organ finds no criminal facts upon examination of the illegal acts discovered, or if, after filing the case for investigation, it is determined that the criminal facts are obviously minor and there is no need to pursue criminal liability, but administrative liability should be investigated in accordance with the law, the case shall be transferred to the administrative law enforcement agency at the same level in a timely manner. Law enforcement agencies should handle the matter in accordance with the law.
Public security organs report cases to the public, accuse victims or administrative Once a suspected criminal case transferred by law enforcement agencies is filed, an investigation should be launched immediately to collect evidence and materials. If compulsory measures, search, seizure and other measures should be taken, they must be implemented promptly in accordance with the law. After the investigation by the public security organs is completed, those who should be held criminally responsible according to law must be submitted to the procuratorate to initiate public prosecution within the prescribed time limit.
(2) Private prosecution procedure
Private prosecution procedure refers to the victim’s own and direct prosecution of criminal cases stipulated in the criminal law. File a criminal lawsuit with the People's Court. According to Article 170 of my country’s Criminal Procedure Law and relevant judicial interpretations, in order to effectively crack down on crimes of intellectual property infringement and protect the legitimate rights and interests of intellectual property holders, in addition to the public prosecution procedures for crimes of intellectual property infringement, private prosecution procedures are also provided. For crimes of infringement of intellectual property rights that seriously endanger social and national interests, intellectual property rights holders may directly file lawsuits in the People's Court. Such private prosecution cases include:
1. Intellectual propertyMinor criminal cases that the right holder has evidence to prove. That is, cases where the criminal facts and circumstances of infringement of intellectual property rights are relatively minor, do not seriously endanger social order or national interests, and may be sentenced to fixed-term imprisonment of less than three years, and do not require special criminal investigation by the public security organs.
2. The parties have evidence to prove that the defendant has infringed intellectual property rights Criminal liability should be investigated for the behavior, and the case should be reported to the public security organs and the People's Procuratorate. The public security organs and the People's Procuratorate will make a decision not to open the case, withdraw the case, or not prosecute.
In this regard, the parties can directly file a lawsuit with the People's Court . After the court accepts the case, the procuratorate shall transfer the relevant materials to the court. After the court accepts a private prosecution case, during the trial process, it may take compulsory measures or measures such as seizure and freezing in accordance with the law. When the court hears a private prosecution case, it can make adjustments. The private prosecutor can reconcile with the defendant or withdraw the private prosecution before the court pronounces a judgment. After the private prosecution case is heard and the judgment becomes effective, it will be handed over for execution.
Currently, a sound legal environment has been formed, and only Only by fully using legal weapons and resolutely cracking down on criminal crimes can we more effectively protect the legitimate rights and interests of copyright owners and neighboring rights holders and promote the healthy and prosperous development of the cultural market.
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