On April 23, 2025, the Supreme People’s Procuratorate (SPP) of China held a significant press conference under the theme “Performing High-Quality and Efficient IP Prosecutorial Functions to Support High-Level Scientific and Technological Innovation”. During the event, the SPP released the White Paper on Intellectual Property Procuratorial Work (2024), unveiled the newly established “Intellectual Property Procuratorial Department” for the first time, and presented a number of exemplary cases and new judicial initiatives. These developments signify China’s transition from fragmented exploration to systematic construction in the realm of intellectual property (IP) protection. Highlights of the launch include:
I. Official Establishment of the SPP’s IP Procuratorial Department Marks a Major Breakthrough in Specialized Institutional Development
The most notable highlight of the press conference was undoubtedly the formal establishment of the Intellectual Property Procuratorial Department within the SPP.
This structural innovation is not merely a bureaucratic reorganization—it signals a fundamental transformation in functional orientation. The department will exercise a four-pronged prosecutorial approach encompassing criminal, civil, administrative, and public interest litigation, thereby enhancing synergy between judicial protection and administrative enforcement. This paves the way for a comprehensive, coordinated, and systemic governance model for IP protection.
II. Continuously Rising Case Volumes Demonstrate Unprecedented Strengthening of Judicial IP Protection
According to the 2024 White Paper, procuratorial authorities nationwide accepted 13,486 IP-related criminal arrest reviews and 33,805 indictment reviews. While trademark infringement remains the predominant category (accounting for 81% of prosecuted cases), there has been a marked increase in copyright and trade secret infringement cases—signaling strengthened judicial protection over technology-intensive and information-based IP assets.
A notable trend is the high incidence of joint offenses, with more than 80% of these IP crimes involving multiple co-offenders. This reflects a growing organizational and professionalization of IP infringements. In this context, enhancing prosecutorial efforts against key orchestrators and critical enablers becomes increasingly necessary. It also highlights the need for businesses to build more robust internal compliance and risk control systems.
III. Strengthening Civil, Administrative, and Public Interest Functions to Lower Enforcement Costs for Rightsholders
Beyond criminal prosecution, the SPP has been actively advancing civil and administrative supervision functions. In 2024, procuratorial organs filed 546 protests or retrial recommendations against legally effective civil IP judgments, and issued 205 prosecutorial recommendations regarding illegal enforcement actions. These efforts not only reinforce judicial oversight and standardize rulings but also help reduce the enforcement burdens borne by rightsholders.
Particularly noteworthy is the 70.6% year-on-year increase in criminal cases involving attached civil claims for IP damages - growing nearly 3.9 times annually since 2021. This demonstrates the effectiveness of integrating punitive damages with criminal prosecution, establishing a hybrid enforcement mechanism. Additionally, the total of 896 public interest IP lawsuits - 734 administrative and 162 civil—reflects the SPP’s active exploration of state-initiated protection of public interests in the IP domain.
IV. Integrated Strategy of Technology, Expertise, and Mechanism Innovation Enhances Prosecutorial Capabilities
The SPP also introduced a suite of institutional and capacity-building initiatives. These include expanding the national IP procuratorial talent pool to 132 members, establishing 80 regional liaison offices, and appointing 60 technical investigators. These measures address persistent challenges in IP litigation such as complex technical facts and protracted adjudication, while significantly improving case-handling quality and efficiency.
Technological empowerment has also emerged as a new trend. For example, the Beijing Procuratorate is piloting an AI-powered “legal supervision model” to combat digital piracy. The development of inter-regional cooperation frameworks—such as the Beijing-Tianjin-Hebei copyright enforcement mechanism—enhances the capability to address infringement in the digital environment.
V. Addressing Emerging Issues and Supporting Original Innovation by SMEs
The press conference directly addressed newly emerging forms of IP crime involving deep linking, web crawlers, private servers, and electronic intrusion. Prosecutors emphasized the importance of leveraging coordination mechanisms, investigative oversight, and expert consultations to strengthen enforcement against such technologically sophisticated offenses. Emphasis was placed on precise legal interpretation to delineate the boundaries between guilt and innocence and between different types of offenses.
Small and medium-sized enterprises (SMEs), as key innovation actors, often face triple challenges in IP enforcement: high costs, lengthy procedures, and difficulty obtaining evidence. The SPP has responded by reinforcing prosecutorial oversight in enterprise-related IP cases, particularly those involving internal personnel as perpetrators. Measures such as technical investigations, public interest actions, and supportive litigation have substantially enhanced judicial protection for SMEs’ original innovations.
[Comment]
The Supreme People’s Procuratorate’s newly introduced initiatives embody the concept that “strengthening IP protection is protecting innovation”. By advancing a coordinated approach across criminal, civil, administrative, and public interest domains, the SPP has transcended the historically criminal-centric model to establish a more authoritative and integrated IP enforcement framework.
Looking forward, the evolution of IP prosecutorial work in China will be characterized by four key attributes: specialization, coordination, digitalization, and internationalization. The procuratorate will play an increasingly pivotal role in shaping a fair and secure business environment, ensuring technological self-reliance, and reinforcing legal certainty for foreign and domestic rights holders alike.
I. Official Establishment of the SPP’s IP Procuratorial Department Marks a Major Breakthrough in Specialized Institutional Development
The most notable highlight of the press conference was undoubtedly the formal establishment of the Intellectual Property Procuratorial Department within the SPP.
This structural innovation is not merely a bureaucratic reorganization—it signals a fundamental transformation in functional orientation. The department will exercise a four-pronged prosecutorial approach encompassing criminal, civil, administrative, and public interest litigation, thereby enhancing synergy between judicial protection and administrative enforcement. This paves the way for a comprehensive, coordinated, and systemic governance model for IP protection.
II. Continuously Rising Case Volumes Demonstrate Unprecedented Strengthening of Judicial IP Protection
According to the 2024 White Paper, procuratorial authorities nationwide accepted 13,486 IP-related criminal arrest reviews and 33,805 indictment reviews. While trademark infringement remains the predominant category (accounting for 81% of prosecuted cases), there has been a marked increase in copyright and trade secret infringement cases—signaling strengthened judicial protection over technology-intensive and information-based IP assets.
A notable trend is the high incidence of joint offenses, with more than 80% of these IP crimes involving multiple co-offenders. This reflects a growing organizational and professionalization of IP infringements. In this context, enhancing prosecutorial efforts against key orchestrators and critical enablers becomes increasingly necessary. It also highlights the need for businesses to build more robust internal compliance and risk control systems.
III. Strengthening Civil, Administrative, and Public Interest Functions to Lower Enforcement Costs for Rightsholders
Beyond criminal prosecution, the SPP has been actively advancing civil and administrative supervision functions. In 2024, procuratorial organs filed 546 protests or retrial recommendations against legally effective civil IP judgments, and issued 205 prosecutorial recommendations regarding illegal enforcement actions. These efforts not only reinforce judicial oversight and standardize rulings but also help reduce the enforcement burdens borne by rightsholders.
Particularly noteworthy is the 70.6% year-on-year increase in criminal cases involving attached civil claims for IP damages - growing nearly 3.9 times annually since 2021. This demonstrates the effectiveness of integrating punitive damages with criminal prosecution, establishing a hybrid enforcement mechanism. Additionally, the total of 896 public interest IP lawsuits - 734 administrative and 162 civil—reflects the SPP’s active exploration of state-initiated protection of public interests in the IP domain.
IV. Integrated Strategy of Technology, Expertise, and Mechanism Innovation Enhances Prosecutorial Capabilities
The SPP also introduced a suite of institutional and capacity-building initiatives. These include expanding the national IP procuratorial talent pool to 132 members, establishing 80 regional liaison offices, and appointing 60 technical investigators. These measures address persistent challenges in IP litigation such as complex technical facts and protracted adjudication, while significantly improving case-handling quality and efficiency.
Technological empowerment has also emerged as a new trend. For example, the Beijing Procuratorate is piloting an AI-powered “legal supervision model” to combat digital piracy. The development of inter-regional cooperation frameworks—such as the Beijing-Tianjin-Hebei copyright enforcement mechanism—enhances the capability to address infringement in the digital environment.
V. Addressing Emerging Issues and Supporting Original Innovation by SMEs
The press conference directly addressed newly emerging forms of IP crime involving deep linking, web crawlers, private servers, and electronic intrusion. Prosecutors emphasized the importance of leveraging coordination mechanisms, investigative oversight, and expert consultations to strengthen enforcement against such technologically sophisticated offenses. Emphasis was placed on precise legal interpretation to delineate the boundaries between guilt and innocence and between different types of offenses.
Small and medium-sized enterprises (SMEs), as key innovation actors, often face triple challenges in IP enforcement: high costs, lengthy procedures, and difficulty obtaining evidence. The SPP has responded by reinforcing prosecutorial oversight in enterprise-related IP cases, particularly those involving internal personnel as perpetrators. Measures such as technical investigations, public interest actions, and supportive litigation have substantially enhanced judicial protection for SMEs’ original innovations.
[Comment]
The Supreme People’s Procuratorate’s newly introduced initiatives embody the concept that “strengthening IP protection is protecting innovation”. By advancing a coordinated approach across criminal, civil, administrative, and public interest domains, the SPP has transcended the historically criminal-centric model to establish a more authoritative and integrated IP enforcement framework.
Looking forward, the evolution of IP prosecutorial work in China will be characterized by four key attributes: specialization, coordination, digitalization, and internationalization. The procuratorate will play an increasingly pivotal role in shaping a fair and secure business environment, ensuring technological self-reliance, and reinforcing legal certainty for foreign and domestic rights holders alike.