SPC Interpretation
The Chinese Supreme People's Court (SPC) issued a Judicial Interpretation on 21 December, 2004, with the aim of clarifying provisions of Articles 213 to 219 of the Chinese Criminal Code and defining terms such as "serious circumstances" (commonly called the "criminal threshold").
The Interpretation was a welcome move since it lowered the threshold under which IPR infractions could be criminally prosecuted. Yet, a year later, it is debatable whether it has led to better deterrence of counterfeiting, and clarifications would be needed on a number of issues regarding:
The three times rule Calculation of the threshold Repeat offenders Advertising Accessories
Join fellow IPR members for discussion on the implementation of the articles and practical concerns arising from them. The meeting will mark the first time Beijing and Shanghai members conference for live debate in an effort to coordinate future actions. It will provide members with a chance to flesh out industry's position in relation to the threshold and reach consensus on key messages to convey to European and Chinese authorities.
Thank you for confirming your attendance by Wednesday, 30 November, to Rosario DiMaggio (Assistant to the Working Group), on rdimaggio@euccc.com.cn . Feel free to email specific issues you would like to address during discussion ahead of time.