The Supreme Court issued opinions: intellectual property infringement increased economic sanctions

      According to people's Daily News, recent two years, the intellectual property criminal cases accepted by the national courts have increased significantly. The civil disputes of intellectual property rights, has been going on for nearly twenty years.  For intellectual property right criminal offence, courts at all levels will increase the applicable fine penalty. By ordering compensation for losses and other measures,depriving the infringer of the ability to re commit crime economically.  Civil disputes on intellectual property rights, intensify tort compensation and civil sanction according to law, implementing the principle of comprehensive compensation, natural person can also obtain reasonable spirit compensation solatium.

     This is the requirement that was raised by the Supreme People's Court which published “Opinions on strengthening judicial trials of intellectual property to provide judicial guarantee for the construction of an innovative country” a few days ago.

      The opinion puts forward that the crime of infringing intellectual property rights should be severely punished according to law. Crimes involving counterfeiting, piracy and other intellectual property rights, according to the crime and the consequences of the damage, according to law to be severely punished.  At the time of applying to principal punishment according to the law, We should increase application of fine penalty and execution intensity.  Attention should be paid to recover illegal gains, collect criminal tools, destroy infringing products, order to compensate for the loss and other measures, depriving the infringer of the ability and condition to re commit crime economically.

 Relevant persons in charge said, we should increase the deterrent force of civil sanction,  implement comprehensive compensation principle, strive to reduce the cost of safeguarding rights.  Appropriately relieve the burden of proof of obligee's compensation, the plaintiff as a natural person, mental damage because of infringement, a reasonable mental damage solatium can be determined according to the law.  The lawyer's fee that the litigant pays for the  conforming to the regulations lawsuit, it should be based on the request of the person.  Comprehensive consideration of its necessity, the support degree of litigation request, amount of request compensation,  proportion of actual damages and other factor reasonably determined, and included in the scope of compensation.