Supreme People's Court and Supreme People's Procuratorate’s Interpretation on Several Issues Concerning the Application of Law to the Handling of Criminal Cases of Intellectual Property Rights infringement
Judicial Interpretation [2025] No. 5
(Adopted at the 1947th meeting of the Judicial Committee of the Supreme People's Court on April 7, 2025, and the 51st meeting of the 14th Procuratorial Committee of the Supreme People's Procuratorate on April 11, 2025, and this Interpretation has come into force as of April 26, 2025)
For the purpose of lawfully punishing intellectual property infringement crimes and safeguarding the socialist market economic order, in accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China and other legal provisions, and in light of the practical trial work, the interpretations on several issues concerning the application of law to the handling of criminal cases of intellectual property rights infringement are made as follows:
Article 1
The use of a trademark identical to a registered trademark on the same kind of goods or services without authorization from the registered trademark owner shall be deemed as "the same kind of goods or services" under Article 213 of the Criminal Law under any of the following circumstances:
(1) The goods actually produced/sold or services actually provided by the actor bear an identical name as that of the goods or services approved for use by the registered trademark of the right holder;
(2) Where different product names are used but the goods share identical or substantially identical functions, intended purposes, major raw materials, target consumers or sales channels, and are generally deemed as the same kind of goods by relevant consumers;
(3) Where different service names are used but the services share identical or substantially identical purposes, contents, methods, target recipients or venues, and are generally deemed as the same kind of services by relevant consumers.
In the determination of “the same kind of goods or services,” comparison shall be made between the goods or services approved for use by the registered trademark of the right holder and the goods actually produced/sold or services actually provided by the actor.
Article 2
A trademark that is completely identical to a registered trademark being counterfeited or is substantially indistinguishable from the registered trademark being counterfeited, which is sufficient to mislead the relevant public, shall be deemed as "a trademark identical to the registered trademark" under Article 213 of the Criminal Law. Under any of the following circumstances, a trademark shall be deemed substantially indistinguishable from the registered trademark being counterfeited and is sufficient to mislead the relevant public:
(1) A trademark with changes of the font, the upper or lower case letters or the horizontal or vertical arrangement of characters of the registered trademark, which is substantially indistinguishable from the registered trademark;
(2) A trademark with changes of space between characters, letters, numbers or other elements of the registered trademark, which is substantially indistinguishable from the registered trademark;
(3) A trademark with changes of color of the registered trademark, which do not affect the embodiment of distinctiveness of the registered trademark;
(4) A trademark with only generic names, models, or other elements lacking distinctiveness added to the registered trademark, which do not affect the embodiment of distinctiveness of the registered trademark;
(5) A trademark that is substantially indistinguishable from the three-dimensional sign or planar elements of a three-dimensional registered trademark;
(6) Any other trademark without substantial differences from the registered trademark, which is sufficient to mislead the relevant public.
Article 3
The use of a trademark identical to a registered trademark on the same kind of goods without authorization from the registered trademark owner shall be deemed to constitute "serious circumstances" under Article 213 of the Criminal Law where any of the following conditions is met:
(1) The amount of illegal gains reaches CNY 30,000 or more, or the amount of illegal business turnover reaches CNY 50,000 or more;
(2) Two or more registered trademarks are counterfeited, with illegal gains amounting to CNY 20,000 or more, or illegal business turnover amounting to CNY 30,000 or more;
(3) The offender, having received criminal punishment or administrative penalties for violations under Articles 213 to 215 of the Criminal Law within the preceding two years, recommits the offense with either illegal gains amounting to CNY 20,000 or more, or illegal business turnover amounting to CNY 30,000 or more;
(4) Other serious circumstances.
The use of a trademark identical to a registered trademark on the same kind of services without authorization from the registered trademark owner shall be deemed to constitute "serious circumstances" under Article 213 of the Criminal Law where any of the following conditions is met:
(1) The amount of illegal gains reaches CNY 50,000 or more;
(2) The offender counterfeits two or more registered trademarks, with illegal gains amounting to CNY 30,000 or more;
(3) The offender, having received criminal punishment or administrative penalties for violations under Articles 213 to 215 of the Criminal Law within the preceding two years, recommits the offense with illegal gains amounting to CNY 30,000 or more;
(4) Other serious circumstances.
Where both a goods-registered trademark and a service-registered trademark are counterfeited, and the illegal gains from counterfeiting the goods-registered trademark alone does not reach the threshold under paragraph 1 of this Article but, when combined with the illegal gains from counterfeiting the service trademark, reach the threshold under paragraph 2, such conduct shall be deemed to constitute "serious circumstances" under Article 213 of the Criminal Law.
Where the amount of illegal gains or illegal business turnover reaches ten times or more the corresponding thresholds specified in the preceding three paragraphs, such conduct shall be deemed to constitute "especially serious circumstances" under Article 213 of the Criminal Law.
Article 4
A seller shall be determined to have “knowingly” sold goods bearing counterfeit registered trademarks under Article 214 of the Criminal Law when any of the following circumstances exists, unless there is evidence demonstrating the seller's genuine lack of awareness:
(1) Knowing that the registered trademark on the sold goods has been altered, replaced, or concealed;
(2) Forging or altering authorization documents of the trademark registrant, or being aware of such forgery or alteration;
(3) Having previously received criminal punishment or administrative penalties for selling goods bearing counterfeit registered trademarks, followed by subsequent sale of the same kind of goods bearing counterfeit registered trademarks again;
(4) Purchasing or selling goods at a price significantly lower than the market price without justifiable reasons;
(5) Transferring, destroying infringing goods, accounting vouchers, or other evidence, or providing false proofs after being discovered selling goods bearing counterfeit registered trademark by administrative enforcement authorities or judicial authorities;
(6) Other circumstances that can be determined as knowingly selling goods bearing counterfeit registered trademarks.
Article 5
Whoever knowingly sells goods bearing counterfeit registered trademarks, where the illegal gains amount to CNY 30,000 or more, shall be deemed to involve "a relatively large amount of illegal gains" under Article 214 of the Criminal Law; the act shall be deemed to constitute "other serious circumstances" under Article 214 of the Criminal Law where any of the following conditions is met:
(1) The sales amount reaches CNY 50,000 or more;
(2) The offender, having received criminal punishment or administrative penalties for violations under Articles 213 to 215 of the Criminal Law within the preceding two years, recommits the offense with either illegal gains amounting to CNY 20,000 or more, or sales amounts of CNY 30,000 or more;
(3) The value of unsold goods bearing counterfeit registered trademarks reaches three times or more the thresholds specified in item (1) or (2) of this paragraph; or the sales amount of already sold goods does not meet the thresholds in item (1) or (2), but when combined with the value of unsold goods, reaches three times or more the said thresholds.
Where the illegal gains, sales amount, value of goods, or combined total of sales amount and value of unsold goods reaches ten times or more the corresponding thresholds specified in the preceding paragraph, the act shall be deemed to involve "a large amount of illegal gains or especially serious circumstances" under Article 214 of the Criminal Law.
Article 6
Whoever forges or manufactures without authorization the labels of another's registered trademark, or sells the labels of a registered trademark that are forged or manufactured without authorization, shall be deemed to constitute "serious circumstances" under Article 215 of the Criminal Law where any of the following conditions is met:
(1) The quantity of labels reaches 10,000 units or more, the illegal gains amount to CNY 20,000 or more, or the illegal business turnover reaches CNY 30,000 or more;
(2) The offender forges, manufactures without authorization, the labels of two or more registered trademarks, or sells the labels of two or more registered trademarks that are forged or manufactured without authorization, where: the quantity of the labels reaches 5,000 units or more, or the illegal gains reach CNY 10,000 or more, or the illegal business turnover reaches CNY 20,000 or more;
(3) The offender, having received criminal punishment or administrative penalties for violations under Articles 213 to 215 of the Criminal Law within the preceding two years, recommits the offense, and the quantity of the labels reaches 5,000 units or more, the illegal gains reach CNY 10,000 or more, or the illegal business turnover reaches CNY 20,000 or more;
(4) The offender sells labels of a registered trademark that are illegally manufactured by others, where: the quantity of unsold labels reaches three times or more the thresholds specified in items (1) through (3) of this Article, or the quantity of sold labels does not meet the thresholds in items (1) through (3), but the combined quantity of sold and unsold labels reaches three times or more said thresholds;
(5) Other serious circumstances.
Where the quantity of labels, amount of illegal gains, or illegal business turnover reaches five times or more the corresponding thresholds specified in the preceding paragraph, the act shall be deemed to constitute "especially serious circumstances" under Article 215 of the Criminal Law.
Article 7
For the purposes of this Interpretation, "two or more registered trademarks" refers to two or more registered trademarks that identify different sources of goods or services. Registered trademarks shall not be deemed as "two or more registered trademarks" if, although different, they are used on the same goods or services and indicate the same source of such goods or services.
For the purposes of this Interpretation, a "unit" of a registered trademark label generally refers to a single copy of the label bearing a complete trademark design. Where multiple trademark designs are printed on a single tangible medium and cannot be separately used independently of such medium, they shall be counted as one unit of label.
Article 8
Where an act constitutes both the crime of counterfeiting a registered trademark under Article 213 of the Criminal Law and the crime of selling goods bearing such counterfeit trademark, the offender shall be convicted and punished for counterfeiting a registered trademark in accordance with Article 213.
Where an act constitutes both the crime of counterfeiting a registered trademark under Article 213 of the Criminal Law and the crime of knowingly selling goods bearing another party's counterfeit registered trademark, the offender shall be subject to combined punishment for both crimes.
Article 9
Any of the following acts shall be deemed as "counterfeiting another's patent" under Article 216 of the Criminal Law:
(1) Forging or altering another's patent certificate, patent documents, or patent application documents;
(2) Marking another's patent number on manufactured or sold products or their packaging without authorization;
(3) Using another's patent number in contracts, product specifications, advertisements or other promotional materials without authorization, thereby misleading the public to believe the products are another's invention, utility model or design.
Article 10
The counterfeiting of another's patent shall be deemed to constitute "serious circumstances" under Article 216 of the Criminal Law where any of the following conditions is met:
(1) The illegal gains amount to CNY 100,000 or more, or the illegal business turnover amounts to CNY 200,000 or more;
(2) The direct economic losses caused to the patentee exceed CNY 300,000;
(3) The offender counterfeits two or more others' patents, with illegal gains amounting to CNY 50,000 or more or illegal business turnover amounting to CNY 100,000 or more;
(4) The offender, having received criminal punishment or administrative penalties for counterfeiting another’s patent within the preceding two years, recommits the offense with either illegal gains amounting to CNY 50,000 or more, or illegal business turnover amounting to CNY 100,000 or more;
(5) Other serious circumstances.
Article 11
Any act of infringing copyright or copyright-related rights that: (1) fails to obtain authorization from the copyright owner, producer of sound or video recordings, or performer; (2) involves forging or altering licensing documents; or (3) exceeds the scope of authorized use, shall be deemed as "without permission from the copyright owner," "without permission from the producer of sound or video recordings," or "without permission from the performer" under Article 217 of the Criminal Law.
A natural person, legal entity, or unincorporated organization whose name appears in the customary manner on works or sound/video recordings specified in Article 217 of the Criminal Law shall be presumed to be the copyright owner or producer of such recordings, and the relevant rights shall be presumed to exist in such works or recordings, unless there is evidence to the contrary.
In cases involving numerous categories of infringed works or sound/video recordings with dispersed rights holders, where there is evidence proving that: the works or recordings were illegally published, reproduced, distributed, or disseminated to the public through information networks; and the publishers, reproducers, distributors, or information network disseminators cannot provide evidence of obtaining permission from copyright owners, recording producers, or performers, such acts may be deemed as "without permission" under Article 217 of the Criminal Law. However, these provisions shall not apply where there is evidence proving that: among other senarios, (1) the rights holder has waived their rights; (2) the copyright in the works or rights in the recordings/performances are not protected under China's Copyright Law; or (3) the protection period for such rights has expired.
Article 12
The act of both reproducing and distributing, or reproducing for the purpose of distributing, works or sound/video recordings without authorization from the copyright owner or copyright-related rights holder shall be deemed as "reproduction and distribution" under Article 217 of the Criminal Law.
The act of providing works, sound/video recordings, or performances to the public through wired or wireless means without authorization from the copyright owner or copyright-related rights holder, enabling the public to access them at selected times and locations, shall be deemed as "communicating to the public through an information network" under Article 217 of the Criminal Law.
Article 13
Where an act of infringing copyright or copyright-related rights under Article 217 of the Criminal Law involves illegal gains of CNY 30,000 or more, it shall be deemed to involve "a relatively large amount of illegal gains" under said Article. Any of the following circumstances shall be deemed to constitute "other serious circumstances" under Article 217:
(1) The illegal business turnover reaches CNY 50,000 or more;
(2) The offender, having received criminal punishment or administrative penalties for violations under Articles 217 and 218 of the Criminal Law within the preceding two years, recommits the offense with either illegal gains amounting to CNY 20,000 or more, or illegal business turnover amounting to CNY 30,000 or more;
(3) The offender reproduces and distributes others' works or sound/video recordings, with the total quantity of copies reaching 500 or more;
(4) The offender communicates others' works, sound/video recordings or performances to the public through information networks, with the total quantity reaching 500 or more, or with downloads reaching 10,000 or more; or with clicks/views reaching 100,000 or more, or through membership systems with registered members reaching 1,000 or more;
(5) The amounts or quantities, while not reaching the thresholds in items (1) through (4) above, reach more than half of the thresholds for any two or more of said items.
Whoever knowingly provides devices or components primarily used to circumvent or disrupt technological measures, or provides technical services for circumventing or disrupting such measures, for others to commit copyright infringement crimes, shall be subject to criminal liability for copyright infringement if the illegal gains or business turnover reach the thresholds specified in the preceding paragraph.
Where the amounts or quantities reach ten times or more the corresponding thresholds specified in paragraphs 1 and 2 of this Article, the act shall be deemed to involve "a large amount of illegal gains or especially serious circumstances" under Article 217 of the Criminal Law.
Article 14
Whoever knowingly sells infringing reproductions specified in Article 217 of the Criminal Law, with illegal gains amounting to CNY 50,000 or more, shall be deemed to involve "a large amount of illegal gains" under Article 218 of the Criminal Law. The act shall be deemed to constitute "other serious circumstances" under Article 218 of the Criminal Law where any of the following conditions is met:
(1) The sales amount reaches CNY 100,000 or more;
(2) The offender, having received criminal punishment or administrative penalties for violations under Articles 217 and 218 of the Criminal Law within the preceding two years, recommits the offense with either illegal gains amounting to CNY 30,000 or more or sales amounts of CNY 50,000 or more;
(3) The offender sells others' works or sound/video recordings, with the total quantity of copies reaching 1,000 or more;
(4) The value or quantity of unsold infringing reproductions reaches three times or more the thresholds specified in items (1) through (3) of this paragraph; or the sales amount or quantity of sold infringing reproductions does not meet the thresholds in items (1) through (3), but when combined with the value or quantity of unsold infringing reproductions, reaches three times or more the thresholds specified therein.
Article 15
Where an act constitutes both the crime of copyright infringement under Article 217 of the Criminal Law and the crime of selling such infringing reproductions, the offender shall be convicted and punished for copyright infringement in accordance with Article 217.
Where an act constitutes both the crime of copyright infringement under Article 217 of the Criminal Law and the crime of knowingly selling others' infringing reproductions, the offender shall be subject to combined punishment for both crimes.
Article 16
The acquisition of trade secrets through illegal reproduction or other unlawful means shall be deemed as "theft" under item (1) of the first paragraph of Article 219 of the Criminal Law. Obtaining trade secrets by unauthorized or exceeding authorized use of computer information systems or similar means shall be deemed as "electronic intrusion" under item (1) of the first paragraph of Article 219 of the Criminal Law.
Article 17
Any infringement of trade secrets shall be deemed to involve "serious circumstances" under Article 219 of the Criminal Law where any of the following conditions is met:
(1) The amount of loss caused to the trade secret owner reaches CNY 300,000 or more;
(2) The illegal gains obtained from trade secret infringement amount to CNY 300,000 or more;
(3) Where the offender, having received criminal punishment or administrative penalties for violations under Articles 219 or 219(I) of the Criminal Law within the preceding two years, recommits the offense and causes losses or obtains illegal gains of CNY 100,000 or more;
(4) Other serious circumstances.
Trade secret infringement shall be deemed to involve "especially serious circumstances" under Article 219 of the Criminal Law where: it directly causes the right holder of the trade secret to go bankrupt or cease operations due to severe business difficulties; or the amounts reach ten times or more the corresponding thresholds specified in the preceding paragraph of this Article.
Article 18
The "amount of loss" resulting from trade secret infringement under this Interpretation shall be determined according to the following methods:
(1) Where a trade secrets obtained from the right holder through improper means has not been disclosed, used, or permitted to be used by others, the amount of loss may be determined based on the reasonable licensing fee for such trade secret;
(2) Where a trade secret obtained from the right holder through improper means is subsequently disclosed, used, or permitted to be used by others, the amount of loss may be determined based on the right holder's actual profit losses due to the infringement; however, if such calculated loss is lower than the reasonable licensing fee for the trade secret, the reasonable licensing fee shall instead be applied;
(3) Where a trade secret is disclosed, used, or permitted to be used by others in violation of confidentiality obligations or the right holder's requirements for maintaining secrecy, the amount of loss may be determined based on the right holder's profit losses from the infringement;
(4) Where a party, knowing that the trade secret was obtained through improper means or disclosed, used, or permitted to be used in violation of confidentiality obligations or the right holder's requirements for maintaining secrecy, still obtains, discloses, uses or permits others to use such secret, the amount of loss may be determined based on the right holder's profit losses due to the infringement;
(5) Where the trade secret infringement results in the trade secret becoming publicly known or ceasing to exist, the amount of loss may be determined based on the commercial value of such trade secret. The commercial value of a trade secret may be comprehensively determined based on factors including the research and development costs of such trade secret and the benefits derived from the exploitation of such trade secret.
For items (2) through (4) stipulated in the preceding paragraph, the profit loss suffered by the right holder due to the infringement may be calculated by multiplying the total reduction in product sales volume caused by the infringement by the right holder's reasonable profit per product unit. Where the total reduction in sales volume cannot be determined, the profit loss may be calculated by multiplying the sales volume of infringing products by the right holder's reasonable profit per product unit. Where trade secret is used in services or other business operations, the amount of loss may be determined based on the reduction in the right holder's reasonable profits caused by the infringement.
Remediation expenses reasonably incurred by the right holder of the trade secret to mitigate damage to business operations or plans, or to restore the security of computer information systems or other systems, shall be included in the amount of loss caused to the right holder of the trade secret.
Article 19
The term "amount of illegal gains" from trade secret infringement under this Interpretation shall refer to the value of property or other pecuniary benefits obtained through disclosing or permitting others to use trade secrets; or profits derived from using such trade secrets. Such profits may be calculated by multiplying the sales volume of infringing products by the reasonable profit per infringing product unit.
Article 20
Where any act of stealing, spying on, purchasing, or illegally providing trade secrets for foreign institutions, organizations, or individuals meets any of the circumstances specified in Article 17 of this Interpretation, it shall be deemed to constitute "serious circumstances" under Article 219(I) of the Criminal Law.
Article 21
In criminal proceedings, where a party, defense counsel, litigation representative, or non-party participant submits a written application requesting confidentiality measures for evidence or materials containing trade secrets or other confidential business information, the court shall, based on the circumstances of the case, implement necessary confidentiality measures. These may include requiring litigation participants to sign and execute confidentiality undertakings.
Whoever violates the confidentiality measures stipulated in the preceding paragraph or of confidentiality obligations prescribed by laws and regulations shall bear corresponding liability in accordance with the law. Unauthorized disclosure, use, or permitting others to use trade secrets accessed or obtained during criminal proceedings, if constituting a criminal offense, shall be subject to criminal liability in accordance with the law.
Article 22
Whoever knowingly assists another in committing intellectual property crimes by engaging in any of the following acts shall be deemed an accomplice to the crime, unless otherwise provided by laws or judicial interpretations:
(1) Providing major raw materials, auxiliary materials, semi-finished products, packaging materials, machinery and equipment, labels and identifiers, production technology, formulas or other assistance for the production or manufacture of infringing products;
(2) Providing loans, funds, bank accounts, licenses, payment and settlement services or other financial services;
(3) Providing production or business premises, or transportation, warehousing, storage, express delivery, mailing or other logistical services;
(4) Providing internet access, server hosting, network storage, communication transmission or other technical support;
(5) Other acts that assist in the commission of intellectual property crimes.
Article 23
Where any intellectual property crime involves any of the following circumstances, heavier punishment shall generally be imposed at the court's discretion:
(1) Where the offender's primary occupation involves intellectual property infringement;
(2) Where the offender counterfeits registered trademarks on goods or services such as emergency rescue or epidemic prevention materials during major natural disasters, accident disasters, or public health incidents;
(3) Where the offender refuses to surrender illegal gains obtained from the infringement.
Article 24
Where any intellectual property crime involves any of the following circumstances, lighter punishment may be imposed according to law:
(1) Where the offender pleads guilty and accepts punishment;
(2) Where the offender obtains forgiveness from the right holder;
(3) Where the trade secret is obtained from the right holder through improper means, but has not been disclosed, used, or permitted to be used by others.
Where the criminal circumstances are minor, the offender may be exempted from prosecution or criminal punishment according to law. Where the circumstances are manifestly minor and the harm is negligible, the act will not be deemed a crime.
Article 25
Whoever commits an intellectual property crime shall be lawfully sentenced to a fine based on comprehensive consideration of: the amount of illegal gains, the amount of illegal business turnover, the losses suffered by the right holder, the quantity of infringing or counterfeit goods, and the degree of social harm, etc.
The amount of the fine shall generally be determined at not less than one time and not more than ten times the amount of the illegal gains. Where the amount of illegal gains cannot be ascertained, the amount of the fine shall generally be determined at not less than fifty percent and not more than one time the amount of the illegal business turnover. Where neither the amount of illegal gains nor the amount of illegal business turnover can be ascertained: for sentences of fixed-term imprisonment of not more than three years, criminal detention, or a fine only, the fine shall generally be set between CNY 30,000 and CNY 1,000,000; for sentences of fixed-term imprisonment exceeding three years, the fine shall generally be set between CNY 150,000 and CNY 5,000,000.
Article 26
Where an entity commits any act specified in Articles 213 through 219(I) of the Criminal Law, the entity shall be sentenced to a fine; and the directly responsible managing personnel and other directly liable persons shall be punished in accordance with the conviction and sentencing standards prescribed in this Interpretation.
Article 27
Except under special circumstances, goods bearing counterfeit registered trademarks, illegally manufactured registered trademark labels, reproductions infringing copyright, and materials and tools primarily used for manufacturing goods bearing counterfeit registered trademarks, registered trademark labels, or infringing reproductions shall be confiscated and destroyed according to law.
Where such items are required as evidence in civil or administrative cases, upon the rights holder's application, they may be destroyed after the conclusion of such cases or after the evidence is preserved through sampling, photographing, or other means.
Article 28
The term "illegal business turnover" in this Interpretation refers to the value of infringing products manufactured, stored, transported, or sold during the commission of intellectual property infringement. For sold infringing products, the value shall be calculated based on actual sale prices. For unsold infringing products, the value shall be calculated based on the ascertained average actual sale price of such infringing products. Where the average actual sale price cannot be ascertained, the value shall be calculated based on the marked price of the infringing products. Where the actual sale price cannot be ascertained and the infringing products bear no marked prices, the value shall be calculated based on the median market price of the infringed products.
The term "value of goods" in this Interpretation shall be determined in accordance with the valuation method for unsold infringing products specified in the preceding paragraph.
The term "sales amount" refers to all illegal income actually obtained or to be obtained from selling infringing products during the commission of intellectual property infringement.
The term "amount of illegal gains" in this Interpretation refers to all illegal income actually obtained or to be obtained by the perpetrator from selling infringing intellectual property products, after deducting the costs of raw materials and purchase prices of the sold products, or for services, after deducting the purchase prices of products used in providing such services. Profits obtained through charging service fees, membership fees, advertising fees, or similar means shall be deemed "illegal gains."
Article 29
Where intellectual property infringements are committed multiple times without prior disposition and remain prosecutable according to law, the relevant amounts and quantities involved in conviction and sentencing shall be calculated on a cumulative basis.
For products that have been manufactured but not yet affixed or fully affixed with counterfeit registered trademark labels, where there is evidence proving that such products would counterfeit others' registered trademarks, their value shall be included in the illegal business turnover.
Article 30
Where a people's court lawfully accepts a criminal private prosecution case for intellectual property infringement, if the private prosecutor cannot obtain evidence due to objective circumstances but provides relevant evidentiary leads when filing the private prosecution and petitions the court for evidence collection, the people's court shall collect such evidence in accordance with the law.
Article 31
This Interpretation shall come into force as of April 26, 2025.
Upon the implementation of this Interpretation, the following judicial interpretations shall be simultaneously repealed: Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases Involving Infringements upon Intellectual Property Rights (Judicial Interpretation [2004] No. 19); Supreme People's Court and the Supreme People's Procuratorate's Interpretation (II) on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases Involving Infringements upon Intellectual Property Rights (Judicial Interpretation [2007] No. 6); Supreme People's Court and the Supreme People's Procuratorate's Interpretation (III) on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases Involving Infringements upon Intellectual Property Rights (Judicial Interpretation [2020] No. 10); and Reply of the Supreme People's Court and the Supreme People's Procuratorate on Relevant Issues concerning Sound/Video Recordings Involved in the Handling of Criminal Cases of Infringing upon Copyrights (Judicial Interpretation [2005] No. 12).
Where any previously issued judicial interpretations or normative documents conflict with this Interpretation after its implementation, this Interpretation shall prevail.
