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Newsletters and Bulletins / December 1997 / People's Republic of China
 

People's Republic of China - Criminal Procedure Law Revised to Protect Intellectual Property Rights

The Criminal Procedure Law has been revised and the new provisions summarized below have entered into effect in the People's Republic of China.

1) It is now possible for the owner of intellectual property rights to initiate criminal action against infringers, in addition to civil proceedings. Previously, the owner of such rights could report serious cases of infringement to the People's Procuratorate, who had the sole power to decide whether or not to institute criminal infringement proceedings. The owner of the infringed right could only proceed with a civil action for infringement if the People's Procuratorate declined to bring a criminal action.

2) Private individuals may now proceed with criminal actions if they have evidence to establish that the defendant was infringing their intellectual property rights and should be held criminally liable, and the People's Procuratorate has not taken any action.


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