Difficulties in intellectual property criminal cases
Criminal penalty is the most effective way to strike intellectual property infringing. Roy IP has concluded a few points from cases:
To solve a criminal case perfectly, you have to choose the right enforcement department. Usually, the department will be economic inspection team and police station or other departments. Economic inspection team has rich experience in field of criminal cases. However, if you don’t have good relationship with them, you can’t get the chance to cooperate with them because economic inspection team has to deal with many cases. Police station will deal with many different cases, including these cases. However, they are not professional in economic cases. There will be some problem about the cases process, such as evidence collection. Yet since police station will receive the cases in a short time, we will usually cooperate with them. Since one area will have dozens of police stations and only one economic inspection team, the economic inspection team will select cases to deal with which makes cooperating with police station becomes the only choice. Of course, there will be one or two policemen are good at intellectual property cases in some police stations. We need to collect more evidence at the earlier stage of cases, such as some videos or photos to avoid problems in practice.
There will be some problems in practice. For example, Price Bureau will not evaluate and make the suspect be released on bail pending trial. There are two reasons for this situation. One is Price Bureau does it on purpose and the other is the some small problems of the brands’ trademark. In this case, we need to raise an objection about the authentication opinion or apply for supplement authentication or new authentication. In addition, enforcement officer might play a trick on the seizure list and the interrogation record, which makes it fail to put the case in record or suspect is released on bail. These situation usually happen when the officers get bribery from suspects directly or indirectly. If we come across such situations, we should find the superior of the officer or hand in petition letter, which will create pressure on them and force them to stop. Then the cases are possible to succeed.
To achieve a successful criminal case, we need to be able to deal with every problem in every processes, such as collect sufficient evidence at earlier stage and make the later work become easier. Also, we need to supervise the officers to avoid the case is miscarried. After the case is finished, we need to learn the lesson of problems occurred to perfect the following cases.