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On April 18, 2025, the Shanghai Minhang District People's Court (hereinafter referred to as the "Minhang Court") held a press conference to release the White Paper on Criminal Trials of Intellectual Property Rights (2022–2025) (hereinafter referred to as the "White Paper"), presenting a comprehensive overview of the Court's achievements in intellectual property (IP) criminal adjudication over the past three years through judicial big data, and strengthening the legal safeguards for innovation.
At the press conference, Li Guoquan, member of the Party Leadership Group of the Minhang Court, explained the background of the White Paper; He Gang, Chief Judge of the Commercial Division, introduced the main content of the White Paper and ten representative IP criminal cases; and Xia Wanhong, Chief Judge of the Judicial Supervision Division, presided over the event. Some deputies to the People's Congress were invited to attend.
Li Guoquan stated that over the past three years, the Minhang Court has adjudicated more than 200 criminal cases involving intellectual property with fairness and efficiency, continuously intensifying efforts to combat IP-related crimes. The concluded cases included new types of cases involving the digital use of trademarks, internationally well-known trademarks, and long-established domestic trademarks. Through the adjudication of these cases, the Court has effectively safeguarded fair market competition, protected the lawful rights and interests of enterprises and consumers, and provided high-quality and efficient judicial services to support regional economic development.
The White Paper summarizes four major initiatives by the Minhang Court in building an IP criminal protection framework: (1) Strict punishment in accordance with the law to strengthen the criminal protection network; (2) Combining leniency and severity to interpret the law and educate offenders; (3) Precise adjudication to resolve challenges in new types of cases; (4) Serving the broader interests and safeguarding a rule-of-law-based business environment.
Looking ahead, the Minhang Court will continue to intensify criminal enforcement efforts, further improve the IP criminal protection system and mechanisms, and leverage legal "hard power" to support "soft power" in innovation, striving to make Minhang a "benchmarking hub" for judicial protection of intellectual property and a "preferred destination" for innovation entities
Zhang Pengfeng, Deputy to the 16th Shanghai Municipal People's Congress, Director of Shanghai Zhongxia Law Firm, Chief Supervisor of the 11th Supervisory Board of the Shanghai Bar Association, and Vice President of the 12th Council of the Shanghai Bar Association, commented:
The White Paper, through statistics on the number of IP criminal cases, amount of crime proceeds involved, behavioral characteristics, and the profiles of offenders over the past three years, reveals the current landscape of IP-related crimes. Under the “three-in-one” trial mechanism for intellectual property cases, the Minhang Court has precisely cracked down on new types of crimes such as operating pirated online novel apps, distributing pirated games, and selling counterfeit goods on e-commerce platforms, reflecting a synergy between judicial innovation and technological development, and providing a judicial model for cyberspace governance. It is recommended that the Court further strengthen its role in “outputting adjudication rules,” clarifying the boundary between criminal and non-criminal conduct in intellectual property for the public, and leading the formation of a societal consensus that "respects knowledge and protects innovation" through the rule of law.
Feng Guodong, Representative of Enterprises:
As a technology innovation entity based in Minhang, we have truly felt the Minhang Court’s strong commitment to protecting intellectual property and supporting technological innovation. The White Paper released today is pragmatic, sincere, and professional; it has further strengthened our confidence and determination to take root in Minhang and continue to innovate.
