On the occasion of World Intellectual Property Day on April 26, King&Capital Law Firm specially planned a series of training activities for dual-licensed lawyers. This seminar centered on the theme of “Recognition and Response to Trademark Infringement Crimes”, which was shared by Mr. Jin Fenghua of the Antitrust Department, Mr. Yu Yamin of the Intellectual Property Department, Mr. He Shunqi of the Criminal Law Department, and Mr. Yang Haiming of the Criminal Law Department. Combined with their rich theoretical knowledge of intellectual property and practical experience in criminal law, the four lawyers systematically analyzed the key issues and difficulties in the identification of intellectual property crimes, especially trademark crimes, the interface between administration and criminal law, criminal identification and other key issues and difficulties in the judicial practice, and shared the identification of trademark infringement crimes and strategies to cope with them. In addition, the seminar also specially invited Mr. Huang Yajun, Mr. Jin Yi, Mr. Xu Wei, and Mr. Wang Xiaoshi as the activities and talkers to discuss together.
Jin Fenghua
Mr. Jin Fenghua cited the recent data related to intellectual property cases from the Supreme People's Court, the Supreme People's Procuratorate and the General Administration of Market Supervision, etc., and explained in depth the starting point of the crimes including the crime of counterfeiting registered trademarks, counterfeiting patents, infringement of commercial secrets, infringement of copyrights, etc., as well as the corresponding amount of illegal business, amount of unlawful proceeds, damages, etc. He also analyzed the identification of the same commodities and trademarks, and the identification and judicial appraisal qualification of the counterfeited trademarks. It also analyzes the determination of identical goods and trademarks, counterfeit and judicial appraisal qualification and other difficult issues of trademark crimes, and provides guidance for lawyers handling related intellectual property cases.
Yu Yamin
Mr. Yu Ya Min analyzed the increasing trend of trademark administrative enforcement cases, pointed out that the content of trademark administrative enforcement includes both trademark infringement and general trademark violation, and introduced in detail the process of transferring illegal cases in the field of intellectual property rights to public security organs, the materials required for transferring, etc. He emphasized the importance of initiating trademark administrative enforcement cases and the importance of the process of transferring cases to public security organs. Mr. Yu emphasized that it is of great significance for the protection of intellectual property rights to start the procedure of connecting trademark administrative law enforcement and criminal offenses, and to form a closed loop of governance between administrative supervision and criminal crackdown.
Huang Yajun
Ms. Huang Yajun, as the talker, firstly praised this activity, she talked about the combination of intellectual property and criminal practice of King&Capital Law Firm is a strong combination, and highly praised the professional ability of Mr. Yu Yamin of the Intellectual Property Department and Mr. Jin Fenghua of the Antimonopoly Department. She put forward her outlook on knowledge innovation in light of the theme of World Intellectual Property Day 2025 “Intellectual Property and Music”, and proposed further directions for the discussion of hot intellectual property issues in the future, such as how to deal with countermeasures against intellectual property rights and parallel litigations for enterprises going abroad, as well as how to effectively recover and compensate victims in criminal cases. The direction of the seminar.
Mr. He Shunqi
Mr. He Shunqi pointed out the two modes of appraisal, namely, “appraisal opinion issued by the right holder” and “appraisal opinion issued by judicial appraisal institution”, by comparing the methods of appraisal of the authenticity of the goods involved in trademark crimes. Although the current way of appraisal opinion issued by the owner of the right to issue opinions or conclusions of the form is not uniform, the conclusion of the relatively brief, arbitrary and other shortcomings, but the appraisal of this kind of both operability, fast and affordable advantages. Intellectual property appraisal institutions in the development process after the administrative unit facing many shackles, including the management system lagging behind, the business scope of the vaguely defined and insufficient binding and other issues, but in the past two years has gradually stepped into the right track. The above two appraisal methods have triggered the attorneys here to think about the legitimacy and normative development of judicial appraisal for trademark crime cases.
Xu Wei
Mr. Xu Wei firstly praised Mr. He Shunqi's research in the field of intellectual property, and he will publish a book on intellectual property crime at the end of this year, and his public number “Tongyu Crime Research” has also carried out in-depth research and discussion on issues related to intellectual property crime, and Mr. Xu Wei expressed his hope that this activity can promote the synergistic cooperation between multiple departments. Mr. Xu Wei expressed his hope that this event could promote the synergistic cooperation between different departments. Mr. Xu Wei also put forward his insights into the current intellectual property crime cases: firstly, the number of crime cases will only increase, and the conflict between the strengthening of protection awareness and criminal profits will intensify; secondly, the demand for professional lawyers will further increase; thirdly, it is recommended that complex cases should be cooperated with other departments, so as to give full play to the advantages and guarantee the effect of the cases.
Yang Haiming
Mr. Yang Haiming discussed the revised contents of the Criminal Law Amendment (XI) on the crimes of counterfeiting registered trademarks and selling counterfeit registered trademarks, as well as the similarities and differences between the two crimes in terms of subjective knowledge, sentencing standards and other practical points. Mr. Yang also combined with the real cases he undertook, so that the attorneys in the audience had a deeper understanding of the criminal cases of infringement of trademark right in the actual case handling process, such as how to identify the trademark logo, the identification of the trademark logo sets and pieces, and whether tax should be deducted when calculating the illegal income.
Wang Xiaoshi
Mr. Wang Xiaoshi explained the issue of whether certification mark should be included in the scope of adjustment of the crime of counterfeiting registered trademark, and proposed how to recognize the illegal income of certification mark.
Zhou Meirong
This training event was hosted by Zhou Meirong, an attorney from the Antitrust Department. The moderator, Zhou Meirong, summarized the contents shared by the four speakers and the three interlocutors and guided the audience to ask active questions, and the seminar achieved a successful result.
This training activity by the Antitrust Department, Intellectual Property Department, Criminal Division I, Real Estate Department of multi-departmental cross-departmental cooperation, showing the diversification of King&Capital, specialization, teamwork integration of the advantages of cross-departmental cooperation in training and regular cross-departmental cooperation in the handling of cases is also the characteristics of the team building of King&Capital.
