Pudong New Area's Intellectual Property Administration, the District Procuratorate, and the District Public Security Bureau jointly convened a meeting today to advance the standardized trial of administrative-criminal case transfer mechanisms in intellectual property (IP) law, alongside a release of illustrative cases. The event introduced the revised Implementation Measures for the Transfer of IP Violation Cases Between Administrative Law Enforcement and Criminal Justice in Pudong New Area and the Implementation Measures for Early Intervention in IP Criminal Cases in Pudong New Area, both of which were officially released to the public. A selection of precedent-setting cases demonstrating the effectiveness of the administrative-criminal linkage was also presented during the session.

Intellectual property serves as the vital link that transforms scientific and technological achievements into tangible productivity, meaning that safeguarding IP rights is fundamentally synonymous with safeguarding innovation itself. In a collaborative effort, the Pudong IP Administration, the District Procuratorate, and the District Public Security Bureau have prioritized institutional innovation to architect a protection framework where administrative enforcement and criminal justice complement each other's strengths with high efficiency. Over the past five years, these three bodies have jointly facilitated the successful transfer of over two hundred cases moving in both directions between the administrative and criminal pathways. This coordinated action has yielded significant results in combating IP crimes and fostering a law-based, business-friendly environment.

Deputy Procurator-General of the Shanghai Municipal Procuratorate, Hou Danhua, noted that the Pudong District Procuratorate has actively embedded itself in the regional strategy for innovation-driven development and has conducted extensive foundational work to advance the integrated case-transfer system. This event represents a concrete step toward implementing the pilot program plan for standardizing dual-directional administrative-criminal case transfer mechanisms issued by the Office of the Central Committee for Comprehensive Rule of Law. It also marks a fresh starting point for Pudong's IP protection efforts within this framework. Yu Chen, First-Level Inspector and Deputy Director of the Shanghai Municipal Intellectual Property Administration, remarked that the ongoing evolution of the “strict, comprehensive, rapid, and equitable protection” landscape has positioned dual-directional case transfer as a critical component of end-to-end enforcement. The municipal administration will lend full support to Pudong's implementation of various measures, consolidating a formidable force against IP infringement and criminal activity. The goal is to secure major breakthroughs in the pilot initiative for standardized administrative-criminal case transfer in the IP domain, thereby contributing significantly to Shanghai's ambition of becoming a global hub for technological innovation.

During the conference, representatives from Pudong's IP Administration provided a detailed explanation of the revised Implementation Measures for the Transfer of IP Violation Cases. In April 2021, the District Procuratorate took the lead in signing this document with the District Public Security Bureau and the District IP Administration, marking Pudong's pioneering nationwide move to implement the Opinions on Strengthening IP Protection issued by the Central Committee and the State Council. The revised Measures consist of seven chapters and thirty-seven articles, introducing two new chapters on “Handling of Seized Items” and “Working Mechanisms”. These additions systematically stipulate the procedures for the forward and reverse transfer of involved items, auxiliary custody, and item identification. Furthermore, they establish routine collaboration systems covering organizational safeguards, joint meetings, liaison communications, and prosecution time limits.

Notably, the new Measures refine the procedures for how administrative enforcement agencies receive, review, and notify decisions on transferred cases under the reverse-transfer mechanism. They also introduce new rules for managing illegal gains during penalty connections. Together, these provisions create a fully closed loop at the institutional level, seamlessly bridging judicial and administrative IP protections. At the meeting, the Pudong District People's Procuratorate and the Shanghai Public Security Bureau's Pudong Branch jointly signed the Implementation Measures for Early Intervention in IP Criminal Cases in Pudong New Area. Serving as the 2.0 upgrade to the early-intervention rules from 2022, this document distinguishes between general and special intervention models based on recent case-handling practices. It places heightened emphasis on guiding intervention in complex and challenging cases, such as those involving new business formats, emerging types of infringement, and trade secrets, allowing for intervention procedures to commence even at the preliminary evidence-gathering stage. Additionally, the Measures enhance the supporting frameworks for two-way information sharing, follow-up guidance, and periodic assessment, thereby standardizing intervention methods, clarifying key focus points, and effectively elevating the quality and efficiency of handling IP criminal cases.

While the Case Transfer Implementation Measures ensure the fruitful exchange of leads, the Early Intervention Implementation Measures ensure procuratorial oversight throughout the entire procedural chain. These two documents operate as complementary mechanisms, collectively boosting the efficiency of dual-directional administrative-criminal transfers. This ensures that cases warranting criminal prosecution are legally pursued, while those suited for administrative handling are promptly addressed, culminating in a comprehensive governance loop and a consolidated judicial defense for IP rights. Additionally, a series of Pudong IP administrative-criminal linkage cases were publicized, fully demonstrating the unique problem-solving capacity of this mechanism in cracking novel and complex cases.

This meeting signals a significant stage completion in Pudong's standardized trial work for IP administrative-criminal case transfers. Moving forward, Pudong New Area will persist in deepening the construction of this dual-directional mechanism, accelerating the development of additional reliable and replicable experiences and effective practices. Such efforts will contribute to an IP protection system commensurate with the status of Pudong as a leading area for socialist modernization.