Law

Supreme People's Procuratorate: Strengthen the punishment for trademark infringement crimes in accordance with the law

2026-01-29   

The reporter learned from the Supreme People's Procuratorate that with the development of the market economy and the advancement of information network technology, China's intellectual property infringement crimes have shown some new trends and characteristics, and the difficulty of punishment and governance is also increasing. From January to November 2025, the national procuratorial organs accepted and prosecuted 19050 cases of trademark infringement crimes. It is reported that for a long time, trademark infringement crimes have been the main type of intellectual property infringement crimes, accounting for more than 80%. The procuratorial organ found that the current crime of trademark infringement is still more common in traditional fields such as food and drugs, daily chemical products, clothing bags, cigarettes and Baijiu, and it also extends to electronic trademarks, service trademarks and other aspects. Regarding this, the relevant person in charge of the Supreme People's Procuratorate analyzed that firstly, the use of trademarks has evolved from physical use to electronic use. With the popularity of IoT products such as smartphones and Bluetooth earphones, the use of trademark logos is no longer limited to traditional printing, pasting, laser engraving, and does not necessarily require traditional physical carriers. Some illegal elements infringe on others' trademark rights by displaying electronic trademark logos in pop ups and screens during electronic device startup, connection pairing, and other processes. This is more technical and covert, and can easily lead to confusion and misidentification of the source of goods by consumers. Secondly, the criminal targets extend from commodity trademarks to service trademarks. Procuratorial organs in various regions have handled a batch of criminal cases of counterfeiting service trademarks, involving fields such as education and training, hotel accommodation, home appliance maintenance, fashion shows, etc. The perpetrator, in order to seek illegal benefits, impersonates others' service trademarks on service venues, store signs, advertising materials, and other carriers, "copying" others' business models, resulting in the depreciation of the right holder's reputation and brand value. It should be noted that service trademarks have been included in the scope of criminal protection. In addition, the criminal methods have been upgraded from traditional counterfeiting and sales to "refurbished and resold second-hand goods". In recent years, in the fields of digital products such as mobile phones and cars, durable consumer goods, etc., it has become common to "refurbish" second-hand goods by changing key identification information such as product serial numbers, replacing core components, and selling them again as new products. The perpetrators often conceal their criminal behavior through illegal processing of qualification certificates, signing false sales contracts, and other means, forming a black and grey industrial chain covering multiple links such as production, recycling, modification, and trading, disrupting the circulation order of second-hand goods, and harming the legitimate rights and interests of rights holders and consumers. (New Society)

Edit:Yiyi Responsible editor:Jiajia

Source:https://epaper.gmw.cn/

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