Jurisdiction of the Criminal Investigation by Police in the Taobao Malicious Reviewer Case

(You Yunting) In the widely-covered corporate espionage dispute between Sany Heavy Industry (“Sany”) and Zoomlion Heavy Industry Science & Technology Development Co., (“Zoomlion”), Sany has criticized the Hanshou Public Security Bureau (“Police”) in Changde City, Hunan Province, stating that it did not have jurisdiction to investigate the case and that its investigation was in violation of the law. The Hanshou Police, however, replied there is no problem with it handling this investigation. As of now, there has been no final decision in the case, but the jurisdiction issue it has raised has captured the public attention. Coincidently, the author also believes that there are Police jurisdictional issues in the recent Tabao malicious review extortion case.

READ MORE

MOC: Data of IP Infringement Law Enforcement of this 1st Quarter in China

By You Yunting

The Ministry of Commerce (MOC) reported on 12th the latest progress of the combat against the IPR infringement and knockoff production in 2012 in China. And today’s post is mainly about part of the data released on the conference.

By the preliminary statistics, during this January to April, the commerce law enforcement departments nationwide have investigated and punished those involved in 78,773 cases of intellectual property rights (IPR) infringement and counterfeits, with the money involved of 1, 810 million yuan, 44,371 settled , 1, 016 transferred to the judicial organ and 4,065 dens for counterfeit manufacture are smashed. Also during the period, the public security department investigated 7, 140 cases of infringement and counterfeits, with 9, 305 suspects were arrested and 161. 1 million yuan is involved. During January to April, the procuratorate approved the arrestment in 1, 743 infringement or counterfeits cases and on 3, 289 individuals, and prosecuted 2, 516 cases and 4, 870 individuals. And also in the same period, 2, 586 criminal cases relating to the IPR infringement and counterfeits are filed in the courts throughout the nation, 2, 021 were settled and 3, 170 individuals are covered by the effective sentences.

READ MORE