IPR rules to support startups
The top prosecuting authority has issued a guideline on property rights protection, a move to support startup businesses and promote entrepreneurship.
Based on the guiding principles released on Monday, the Supreme People’s Procuratorate asked procuratorates at all levels to carry out their prosecuting duties to the fullest to protect property rights for individuals as well as a vast variety of entities.
Wang Songmiao, the spokesman for the top procuratorate, said the guideline was rolled out in line with the relevant guidance on property rights protection issued by the central authority in November and President Xi Jinping’s speech at the Central Economic Working Conference in December.
Wang said the protection efforts will focus on economic crimes involving a large number of public members.
About 4,200 suspects were arrested for trademark infringement in 2015 and 7,300 suspects in such cases were prosecuted in the same year. The numbers accounted for more than 90 percent of intellectual property rights infringement suspects arrested and prosecuted that year.
Wan Chun, head of the legal policy research department of the procuratorate, said the guideline emphasizes judicial protection of startup businesses and innovative approaches.
It stipulates that no conviction should be made without explicit legal provisions regarding the crimes relating to property rights, Wan said.
“No person or entity should be charged in property rights cases when laws haven’t clearly stated whether the activities involved are legal or not,” Wan said.