The Shanghai People's Procuratorate recently released the 2023 Procuratorial White Paper on Intellectual Property in Shanghai, offering a comprehensive analysis of the management of IP cases in 2023 in both Chinese and English.

The white paper highlights that in 2023, procuratorates in Shanghai dealt with 1,369 cases of IP infringement involving 2,810 perpetrators. Of these, 425 cases led to examination and arrest, involving 738 perpetrators, reflecting a significant year-on-year increase of 144.3 percent in cases and 123 percent in perpetrators. Additionally, there were 944 cases for examination and prosecution involving 2,072 perpetrators, marking a 53.2 percent rise in cases and a 49.9 percent increase in perpetrators compared to the previous year.

Furthermore, there has been a notable shift in the structure of IP infringement crimes, with the proportion of trademark infringement cases decreasing to 88.8 percent while the numbers of copyright and business secret infringement cases both rising.

It is also noted that the surge in IP cases is linked to new quality productive forces, with a rise in cases involving artificial intelligence, high-end manufacturing, digital copyrights, and malicious litigation. Joint criminal behavior exhibits a clear trend towards complexity, posing challenges for legal repercussions.

In terms of civil and administrative supervision and public interest litigation, cases have increased, reflecting diverse supervision methods. Subjects applying for supervision diversified and procuratorates upheld private-sector economic development within the law. Duty-based civil and administrative cases mainly focused on procedural defects, signaling increased attention to procedural issues. Public interest litigation highlighted issues like false publicity and product safety hazards.

Despite the difficulty and complexity of handling IP cases, the proactive response of enterprises to the protection of IP rights and the overall effectiveness of the procuratorates' comprehensive performance have been demonstrated and it is evident that while the IP prosecution efforts in Shanghai have yielded positive results, there are new challenges that require sustained efforts to meet enterprises' needs for IP protection and uphold the legitimate rights and interests of consumers.

For the full English version, please click the link below.

2023 Procuratorial White Paper on Intellectual Property in Shanghai