Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Rights Infringement by the Supreme People's Court and the Supreme People's Procuratorate

Judicial Interpretation No. 5 [2025]

(Adopted at the 1947th meeting of the Judicial Committee of the Supreme People's Court on April 7, 2025, and at the 51st meeting of the 14th Procuratorial Committee of the Supreme People's Procuratorate on April 11, 2025, effective from April 26, 2025)

In order to punish crimes of intellectual property rights infringement in accordance with the law and to safeguard the order of the socialist market economy, this interpretation is hereby provided on several issues concerning the application of law in handling criminal cases of intellectual property rights infringement, in accordance with the relevant provisions of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, and other laws, and in combination with judicial practice:

Article 1 Where a person uses a trademark identical to the registered trademark on the same kind of goods or services without the permission of the owner of the registered trademark, and any of the following circumstances exist, it shall be deemed as "the same kind of goods or services" as stipulated in Article 213 of the Criminal Law:

(1) The name of the goods actually produced and sold by the actor or the name of the services actually provided is the same as the name of the goods or services for which the registered trademark of the right holder is approved for use;

(2) Although the names of the goods are different, they are the same or essentially the same in terms of function, purpose, main ingredients, consumer group, sales channels, etc., and the relevant public generally considers them to be the same kind of goods;

(3) Although the names of the services are different, they are the same or essentially the same in terms of the purpose, content, manner, object, place of the services, etc., and the relevant public generally considers them to be the same kind of services.

In determining "the same kind of goods or services," a comparison shall be made between the goods or services for which the registered trademark of the right holder is approved for use and the goods actually produced and sold or the services actually provided by the actor.

Article 2  A trademark that is completely identical to the counterfeited registered trademark, or that is essentially indistinguishable from the counterfeited registered trademark and is sufficient to mislead the relevant public, shall be deemed as "a trademark identical to the registered trademark" as stipulated in Article 213 of the Criminal Law. Any of the following circumstances shall be deemed as a trademark that is essentially indistinguishable from the counterfeited registered trademark and is sufficient to mislead the relevant public:

(1) The font of the registered trademark, the case of the letters, or the horizontal or vertical arrangement of the characters is changed, and it is essentially indistinguishable from the registered trademark;

(2) The spacing between the characters, letters, numbers, etc. of the registered trademark is changed, and it is essentially indistinguishable from the registered trademark;

(3) The color of the registered trademark is changed, but it does not affect the manifestation of the distinctive features of the registered trademark;

(4) Only the generic name or model number of the goods, which lacks distinctive features, is added to the registered trademark, and it does not affect the manifestation of the distinctive features of the registered trademark;

(5) It is essentially indistinguishable from the 3D mark and the two-dimensional elements of the 3D registered trademark;

(6) Other circumstances that are essentially indistinguishable from the registered trademark and are sufficient to mislead the relevant public.

Article 3  Where a person uses a trademark identical to the registered trademark on the same kind of goods without the permission of the owner of the registered trademark, and any of the following circumstances exist, it shall be deemed as "serious circumstances" as stipulated in Article 213 of the Criminal Law:

(1) The amount of illegal gains is more than 30,000 yuan, or the amount of illegal business operations is more than 50,000 yuan;

(2) Counterfeiting two or more registered trademarks, with the amount of illegal gains being more than 20,000 yuan, or the amount of illegal business operations being more than 30,000 yuan;

(3) Within two years, after having been subject to criminal or administrative punishment for acts stipulated in Articles 213 to 215 of the Criminal Law, the person commits the act again, with the amount of illegal gains being more than 20,000 yuan, or the amount of illegal business operations being more than 30,000 yuan;

(4) Other circumstances that are considered serious.

Where a person uses a trademark identical to the registered trademark on the same kind of services without the permission of the owner of the registered trademark, and any of the following circumstances exist, it shall be deemed as "serious circumstances" as stipulated in Article 213 of the Criminal Law:

(1) The amount of illegal gains is more than 50,000 yuan;

(2) Counterfeiting two or more registered trademarks, with the amount of illegal gains being more than 30,000 yuan;

(3) Within two years, after having been subject to criminal or administrative punishment for acts stipulated in Articles 213 to 215 of the Criminal Law, the person commits the act again, with the amount of illegal gains being more than 30,000 yuan;

(4) Other circumstances that are considered serious.

If a person counterfeits both the registered trademarks of goods and services, and the amount of illegal gains from counterfeiting the registered trademarks of goods does not meet the standard stipulated in the first paragraph of this Article, but the combined amount of illegal gains from counterfeiting both the registered trademarks of goods and services reaches the standard stipulated in the second paragraph of this Article, it shall be deemed as "serious circumstances" as stipulated in Article 213 of the Criminal Law.

If the amount of illegal gains or the amount of illegal business operations reaches ten times or more of the corresponding standards stipulated in the first three paragraphs of this Article, it shall be deemed as "particularly serious circumstances" as stipulated in Article 213 of the Criminal Law.

Article 4  Where a person sells goods bearing counterfeit registered trademarks, and any of the following circumstances exist, it may be deemed as "knowingly" as stipulated in Article 214 of the Criminal Law, except when there is evidence proving that the person indeed did not know:

(1) Knowing that the registered trademark on the goods being sold has been altered, replaced, or covered;

(2) Forging or altering the authorization documents of the trademark registrant, or knowing that such documents have been forged or altered;

(3) Having been subject to criminal or administrative punishment for selling goods bearing counterfeit registered trademarks, and again selling the same kind of goods bearing counterfeit registered trademarks;

(4) Purchasing or selling at a price that is significantly lower than the market price without a legitimate reason;

(5) After being discovered by administrative law enforcement agencies or judicial authorities for selling goods bearing counterfeit registered trademarks, transferring, destroying evidence such as infringing goods, accounting vouchers, or providing false proof;

(6) Other circumstances that can be deemed as knowingly selling goods bearing counterfeit registered trademarks.

Article 5  Where a person knowingly sells goods bearing counterfeit registered trademarks, and the amount of illegal gains is more than 30,000 yuan, it shall be deemed as "a relatively large amount of illegal gains" as stipulated in Article 214 of the Criminal Law; and any of the following circumstances shall be deemed as "other serious circumstances" as stipulated in Article 214 of the Criminal Law:

(1) The sales amount is more than 50,000 yuan;

(2) Within two years, after having been subject to criminal or administrative punishment for acts stipulated in Articles 213 to 215 of the Criminal Law, the person commits the act again, with the amount of illegal gains being more than 20,000 yuan, or the sales amount being more than 30,000 yuan;

(3) The counterfeit registered trademarks goods have not been sold, but the value of the goods reaches three times or more of the sales amount standards stipulated in the first two items of this paragraph, or the sales amount of the goods that have been sold is less than the standards stipulated in the first two items of this paragraph, but the combined value of the goods that have been sold and the goods that have not been sold reaches three times or more of the sales amount standards stipulated in the first two items of this paragraph.

If the amount of illegal gains, sales amount, value of goods, or the combined amount of sales and value of goods reaches ten times or more of the corresponding standards stipulated in the preceding paragraph of this Article, it shall be deemed as "a huge amount of illegal gains or other particularly serious circumstances" as stipulated in Article 214 of the Criminal Law.

Article 6  Where a person forges or manufactures without authorization the identification marks of another person's registered trademarks, or sells the forged or manufactured identification marks of registered trademarks, and any of the following circumstances exist, it shall be deemed as "serious circumstances" as stipulated in Article 215 of the Criminal Law:

(1) The number of identification marks is more than 10,000 pieces, or the amount of illegal gains is more than 20,000 yuan, or the amount of illegal business operations is more than 30,000 yuan;

(2) Forgery, unauthorized manufacture, or sale of forged or manufactured identification marks of two or more registered trademarks, with the number of identification marks being more than 5,000 pieces, or the amount of illegal gains being more than 10,000 yuan, or the amount of illegal business operations being more than 20,000 yuan;

(3) Within two years, after having been subject to criminal or administrative punishment for acts stipulated in Articles 213 to 215 of the Criminal Law, the person commits the act again, with the number of identification marks being more than 5,000 pieces, or the amount of illegal gains being more than 10,000 yuan, or the amount of illegal business operations being more than 20,000 yuan;

(4) Selling identification marks of registered trademarks manufactured illegally by others, where the number of identification marks that have not been sold reaches three times or more of the standards stipulated in the first three items of this paragraph, or the number of identification marks that have been sold is less than the standards stipulated in the first three items of this paragraph, but the combined number of identification marks that have been sold and those that have not been sold reaches three times or more of the standards stipulated in the first three items of this paragraph;

(5) Other circumstances that are considered serious.

If the number of identification marks, the amount of illegal gains, or the amount of illegal business operations reaches five times or more of the corresponding standards stipulated in the preceding paragraph of this Article, it shall be deemed as "particularly serious circumstances" as stipulated in Article 215 of the Criminal Law.

Article 7  The term "two or more registered trademarks" referred to in this interpretation means two or more registered trademarks that identify different sources of goods or services. If different registered trademarks are used on the same kind of goods or services but all point to the same source of goods or services, they shall not be deemed as "two or more registered trademarks."

The term "piece" of registered trademark identification referred to in this interpretation generally means an identification mark with a complete trademark design. For identification marks printed on a single tangible carrier with multiple trademark designs that cannot be used separately from the carrier, they shall be deemed as one piece of identification mark.

Article 8 Where a person commits the crime of counterfeiting registered trademarks stipulated in Article 213 of the Criminal Law, and also sells the goods bearing the counterfeited registered trademarks, constituting a crime, the person shall be convicted and punished in accordance with Article 213 of the Criminal Law for the crime of counterfeiting registered trademarks.

Where a person commits the crime of counterfeiting registered trademarks stipulated in Article 213 of the Criminal Law, and also sells goods bearing counterfeit registered trademarks of others knowingly, constituting a crime, multiple crimes shall be punished concurrently.

Article 9 Any of the following circumstances shall be deemed as "counterfeiting another person's patents" as stipulated in Article 216 of the Criminal Law:

(1) Forgery or alteration of another person's patent certificate, patent documents, or patent application documents;

(2) Without permission, marking another person's patent number on the products or product packaging that are manufactured or sold;

(3) Without permission, using another person's patent number in contracts, product descriptions, or advertisements and other promotional materials, causing others to mistakenly believe that it is the invention, utility model, or design of the other person.

Article 10  Where a person counterfeits another person's patents, and any of the following circumstances exist, it shall be deemed as "serious circumstances" as stipulated in Article 216 of the Criminal Law:

(1) The amount of illegal gains is more than 100,000 yuan, or the amount of illegal business operations is more than 200,000 yuan;

(2) Causing direct economic losses of more than 300,000 yuan to the patent holder;

(3) Counterfeiting two or more patents of others, with the amount of illegal gains being more than 50,000 yuan, or the amount of illegal business operations being more than 100,000 yuan;

(4) Within two years, after having been subject to criminal or administrative punishment for counterfeiting another person's patents, the person commits the act again, with the amount of illegal gains being more than 50,000 yuan, or the amount of illegal business operations being more than 100,000 yuan;

(5) Other circumstances that are considered serious.

Article 11  Where a person commits acts of infringing upon copyright or rights related to copyright without obtaining the authorization of the copyright holder, the producer of sound recordings or video recordings, or the performer, or forges or alters the authorization documents, or exceeds the scope of the authorization permit, it shall be deemed as "without the permission of the copyright holder," "without the permission of the producer of sound recordings or video recordings," or "without the permission of the performer" as stipulated in Article 217 of the Criminal Law.

A natural person, legal person, or non-legal person organization that is usually credited on the works or sound recordings or video recordings stipulated in Article 217 of the Criminal Law shall be presumed to be the copyright holder or the producer of sound recordings or video recordings, and the corresponding rights exist on such works or sound recordings or video recordings, unless there is contrary evidence.

In cases involving a large number of works or sound recordings or video recordings with dispersed right holders, if there is evidence proving that the involved works or sound recordings or video recordings are illegally published, reproduced, distributed, or disseminated to the public through information networks, and the publishers, reproducers, distributors, or disseminators through information networks cannot provide relevant evidence materials proving that they have obtained the permission of the copyright holder, the producer of sound recordings or video recordings, or the performer, it may be deemed as "without the permission of the copyright holder," "without the permission of the producer of sound recordings or video recordings," or "without the permission of the performer" as stipulated in Article 217 of the Criminal Law. However, this does not apply if there is evidence proving that the right holder has abandoned the rights, the copyright of the involved works or the relevant rights of the sound recordings or video recordings or performers are not protected by the copyright law of our country, or the term of right protection has expired.

Article 12 Where a person, without the permission of the copyright holder or the holder of rights related to copyright, both reproduces and distributes, or reproduces for the purpose of distribution, the works or sound recordings or video recordings, it shall be deemed as "reproduction and distribution" as stipulated in Article 217 of the Criminal Law.

Where a person, without the permission of the copyright holder or the holder of rights related to copyright, provides to the public by wire or wireless means, enabling the public to obtain the works, sound recordings or video recordings, or performances at the time and place of their own choosing, it shall be deemed as "dissemination to the public through information networks" as stipulated in Article 217 of the Criminal Law.

Article 13  Where a person commits the acts of infringing upon copyright or rights related to copyright stipulated in Article 217 of the Criminal Law, and the amount of illegal gains is more than 30,000 yuan, it shall be deemed as "a relatively large amount of illegal gains" as stipulated in Article 217 of the Criminal Law; and any of the following circumstances shall be deemed as "other serious circumstances" as stipulated in Article 217 of the Criminal Law:

(1) The amount of illegal business operations is more than 50,000 yuan;

(2) Within two years, after having been subject to criminal or administrative punishment for acts stipulated in Articles 217 and 218 of the Criminal Law, the person commits the act again, with the amount of illegal gains being more than 20,000 yuan, or the amount of illegal business operations being more than 30,000 yuan;

(3) The combined number of copies (sheets) of reproducing and distributing others' works or sound recordings or video recordings is more than 500;

(4) The combined number of works, sound recordings or video recordings, or performances disseminated to the public through information networks is more than 500 pieces (parts), or the number of downloads reaches more than 10,000 times, or the number of clicks reaches more than 100,000 times, or the dissemination is carried out through a membership system with the number of registered members reaching more than 1,000;

(5) Although the amount or quantity does not reach the standards stipulated in items (1) to (4) of this paragraph, but reaches more than half of the standards of two or more items respectively.

If a person knowingly provides devices or components mainly used to circumvent or destroy technical measures, or provides technical services for circumventing or destroying technical measures for others who commit the crime of copyright infringement, and the amount of illegal gains or the amount of illegal business operations reaches the standards stipulated in the preceding paragraph, criminal responsibility shall be pursued for the crime of copyright infringement.

If the amount or quantity reaches ten times or more of the corresponding standards stipulated in the first two paragraphs of this Article, it shall be deemed as "a huge amount of illegal gains or other particularly serious circumstances" as stipulated in Article 217 of the Criminal Law.

Article 14  Where a person knowingly sells infringing copies stipulated in Article 217 of the Criminal Law, and the amount of illegal gains is more than 50,000 yuan, it shall be deemed as "a huge amount of illegal gains" as stipulated in Article 218 of the Criminal Law; and any of the following circumstances shall be deemed as "other serious circumstances" as stipulated in Article 218 of the Criminal Law:

(1) The sales amount is more than 100,000 yuan;

(2) Within two years, after having been subject to criminal or administrative punishment for acts stipulated in Articles 217 and 218 of the Criminal Law, the person commits the act again, with the amount of illegal gains being more than 30,000 yuan, or the sales amount being more than 50,000 yuan;

(3) The combined number of copies (sheets) of selling others' works or sound recordings or video recordings is more than 1,000;

(4) The infringing copies have not been sold, but the value of the goods or the number of infringing copies reaches three times or more of the standards stipulated in the first three items of this paragraph, or the sales amount and quantity of the sold infringing copies are less than the standards stipulated in the first three items of this paragraph, but the combined value of the sold infringing copies and the value or quantity of the unsold infringing copies reaches three times or more of the standards stipulated in the first three items of this paragraph.

Article 15  Where a person commits the crime of copyright infringement stipulated in Article 217 of the Criminal Law, and also sells the infringing copies, constituting a crime, the person shall be convicted and punished in accordance with Article 217 of the Criminal Law for the crime of copyright infringement.

Where a person commits the crime of copyright infringement stipulated in Article 217 of the Criminal Law, and also sells infringing copies of others knowingly, constituting a crime, multiple crimes shall be punished concurrently.

Article 16  Where a person obtains trade secrets by means of illegal copying, it shall be deemed as "theft" as stipulated in the first item of Article 219 of the Criminal Law; obtaining trade secrets by using computer information systems without authorization or exceeding the scope of authorization shall be deemed as "electronic intrusion" as stipulated in the first item of Article 219 of the Criminal Law.

Article 17  Where a person infringes upon trade secrets, and any of the following circumstances exist, it shall be deemed as "serious circumstances" as stipulated in Article 219 of the Criminal Law:

(1) Causing losses of more than 300,000 yuan to the holder of the trade secrets;

(2) The amount of illegal gains from infringing upon trade secrets is more than 300,000 yuan;

(3) Within two years, after having been subject to criminal or administrative punishment for acts stipulated in Articles 219 and 219-1 of the Criminal Law, the person commits the act again, causing losses or the amount of illegal gains of more than 100,000 yuan;

(4) Other circumstances that are considered serious.

If the infringement of trade secrets directly leads to the bankruptcy or closure of the holder of the trade secrets due to major operational difficulties, or the amount reaches ten times or more of the corresponding standards stipulated in the preceding paragraph of this Article, it shall be deemed as "particularly serious circumstances" as stipulated in Article 219 of the Criminal Law.

Article 18  The "amount of losses" caused by the infringement of trade secrets stipulated in this interpretation shall be determined in accordance with the following methods:

(1) If trade secrets of the right holder are obtained by improper means and have not yet been disclosed, used, or allowed to be used by others, the amount of losses may be determined according to the reasonable licensing fee of the trade secrets;

(2) If trade secrets of the right holder are obtained by improper means and then disclosed, used, or allowed to be used by others, the amount of losses may be determined according to the profit losses caused to the right holder by the infringement, but if the amount of losses is less than the reasonable licensing fee of the trade secrets, it shall be determined according to the reasonable licensing fee;

(3) If trade secrets are disclosed, used, or allowed to be used by others in violation of the obligation of confidentiality or the requirements of the right holder regarding the protection of trade secrets, the amount of losses may be determined according to the profit losses caused to the right holder by the infringement;

(4) If a person knowingly obtains, discloses, uses, or allows others to use trade secrets that have been obtained by improper means or disclosed, used, or allowed to be used in violation of the obligation of confidentiality or the requirements of the right holder regarding the protection of trade secrets, the amount of losses may be determined according to the profit losses caused to the right holder by the infringement;

(5) If the infringement of trade secrets leads to the trade secrets becoming known to the public or lost, the amount of losses may be determined according to the commercial value of the trade secrets. The commercial value of the trade secrets may be determined by taking into account factors such as the research and development costs of the trade secrets and the benefits obtained from implementing the trade secrets.

The profit losses caused to the right holder by the infringement as stipulated in items (2) to (4) of the preceding paragraph may be determined by multiplying the total reduction number of products sold by the right holder due to the infringement by the reasonable profit per product of the right holder; if the total reduction number of products sold by the right holder cannot be determined, it may be determined by multiplying the number of infringing products sold by the reasonable profit per product of the right holder. If the trade secrets are used for services or other business activities, the amount of losses may be determined according to the reasonable profit losses caused to the right holder by the infringement.

The remedial costs incurred by the holder of the trade secrets to mitigate the losses to business operations or business plans or to restore the security of computer information systems or other systems shall be included in the losses caused to the holder of the trade secrets.

Article 19 The "amount of illegal gains" stipulated in this interpretation refers to the value of the property or other property interests obtained by disclosing or allowing others to use the trade secrets, or the profit obtained by using the trade secrets. The profit may be determined by multiplying the number of infringing products sold by the reasonable profit per infringing product.

Article 20  Where a person steals, spies on, buys, or illegally provides trade secrets to foreign institutions, organizations, or individuals, and any of the circumstances stipulated in Article 17 of this interpretation exist, it shall be deemed as "serious circumstances" as stipulated in Article 219-1 of the Criminal Law.

Article 21  In the process of criminal proceedings, if a party, defender, litigation agent, or person outside the case submits a written application for confidentiality measures to be taken for evidence or materials related to trade secrets or other business information that needs to be kept confidential, necessary confidentiality measures such as organizing the participants in the litigation to sign confidentiality commitment letters shall be taken according to the circumstances of the case.

If a person violates the requirements of the confidentiality measures stipulated in the preceding paragraph or the confidentiality obligations stipulated by laws and regulations, he/she shall bear the corresponding legal responsibilities. If a person discloses, uses, or allows others to use trade secrets that he/she has come into contact with or obtained in the process of criminal proceedings, and a crime is constituted, criminal responsibility shall be pursued according to law.

Article 22  If a person knowingly provides assistance in any of the following circumstances for another person who commits the crime of intellectual property rights infringement, he/she shall be treated as a co-offender, except as otherwise provided by law or judicial interpretation:

(1) Providing main raw materials, auxiliary materials, semi-finished products, packaging materials, machinery and equipment, labels and identification marks, production technology, formulas, etc. for the production and manufacture of infringing products;

(2) Providing services such as loans, funds, accounts, licenses, payment settlements, etc.;

(3) Providing premises for production and business operations or services such as transportation, storage, custody, express delivery, mailing, etc.;

(4) Providing technical support such as Internet access, server hosting, network storage, communication transmission, etc.;

(5) Other circumstances of assisting in the crime of intellectual property rights infringement.

Article 23  Where a person commits the crime of intellectual property rights infringement, and any of the following circumstances exist, he/she shall generally be punished more severely at the discretion of the court:

(1) Mainly engaged in the crime of intellectual property rights infringement;

(2) During major natural disasters, accidents, or public health events, counterfeiting trademarks of goods or services for disaster relief or epidemic prevention materials;

(3) Refusing to hand over illegal gains.

Article 24  Where a person commits the crime of intellectual property rights infringement, and any of the following circumstances exist, he/she may be punished leniently according to law:

(1) Admitting guilt and accepting punishment;

(2) Obtaining the forgiveness of the right holder;

(3) Obtaining trade secrets of the right holder by improper means but not yet disclosing, using, or allowing others to use them.

If the crime is minor, he/she may be exempted from prosecution or criminal punishment according to law. If the circumstances are significantly minor and the harm is not serious, it shall not be treated as a crime.

Article 25  Where a person commits the crime of intellectual property rights infringement, the court shall take into account the amount of illegal gains, the amount of illegal business operations, the amount of losses caused to the right holder, the quantity of infringing and counterfeit goods, and the social hazard of the crime, and impose a fine according to law.

The amount of the fine shall generally be determined within one to ten times the amount of illegal gains. If the amount of illegal gains cannot be ascertained, the amount of the fine shall generally be determined within fifty percent to one time the amount of illegal business operations. If neither the amount of illegal gains nor the amount of illegal business operations can be ascertained, and the sentence is less than three years of fixed-term imprisonment, criminal detention, or a fine alone, the amount of the fine shall generally be determined within three to one million yuan; if the sentence is more than three years of fixed-term imprisonment, the amount of the fine shall generally be determined within fifteen to five million yuan.

Article 26  Where a unit commits acts stipulated in Articles 213 to 219-1 of the Criminal Law, a fine shall be imposed on the unit, and the persons directly in charge and other persons directly responsible shall be punished according to the standards of conviction and sentencing stipulated in this interpretation.

Article 27 Except in special circumstances, goods bearing counterfeit registered trademarks, identification marks of registered trademarks manufactured illegally, infringing copies of works, materials and tools mainly used for manufacturing goods bearing counterfeit registered trademarks, identification marks of registered trademarks, or infringing copies shall be confiscated and destroyed according to law.

If the above-mentioned items need to be used as evidence in civil or administrative cases, upon application by the right holder, they may be destroyed after the conclusion of the civil or administrative cases or after the evidence is fixed by means of sampling, photographing, etc.

Article 28  The "amount of illegal business operations" referred to in this interpretation means the value of infringing products manufactured, stored, transported, and sold by the actor in the process of committing the crime of intellectual property rights infringement. The value of infringing products that have been sold shall be calculated according to the actual selling price. The value of infringing products that have not been sold shall be calculated according to the average actual selling price of the infringing products that have been ascertained. If the actual average selling price cannot be ascertained, it shall be calculated according to the marked price of the infringing products. If the actual selling price cannot be ascertained or the infringing products are not marked with a price, it shall be calculated according to the market middle price of the infringed products.

The "value of goods" referred to in this interpretation shall be determined in accordance with the value of the infringing intellectual property products that have not been sold as stipulated in the preceding paragraph.

The "sales amount" referred to in this interpretation means the total illegal income obtained and due by the actor from selling infringing products in the process of committing the crime of intellectual property rights infringement.

The "amount of illegal gains" referred to in this interpretation means the total illegal income obtained and due by the actor from selling products that infringe intellectual property rights, minus the cost of raw materials and the purchase price of the sold products; if the service is provided, the purchase price of the products used in the service shall be deducted. If the profit is obtained through charging service fees, membership fees, or advertising fees, the fees charged shall be deemed as "illegal gains."

Article 29  If a person commits multiple acts of intellectual property rights infringement and has not been dealt with and should be prosecuted according to law, the amounts and quantities involved in the conviction and sentencing shall be calculated cumulatively respectively.

For products that have been completed but have not yet been attached with or have not been fully attached with counterfeit registered trademarks, if there is evidence proving that the products will counterfeit the registered trademarks of others, their value shall be included in the amount of illegal business operations.

Article 30  The people's courts shall accept criminal self-prosecution cases of intellectual property rights infringement according to law. If a party cannot obtain evidence due to objective reasons but can provide relevant clues and apply to the people's court for obtaining the evidence when initiating the self-prosecution, the people's court shall obtain the evidence according to law.

Article 31  This interpretation shall be effective from April 26, 2025.

After the implementation of this interpretation, the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Rights Infringement by the Supreme People's Court and the Supreme People's Procuratorate (Judicial Interpretation No. 19 [2004]), the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Rights Infringement (II) by the Supreme People's Court and the Supreme People's Procuratorate (Judicial Interpretation No. 6 [2007]), the Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases of Intellectual Property Rights Infringement (III) by the Supreme People's Court and the Supreme People's Procuratorate (Judicial Interpretation No. 10 [2020]), and the Reply on Several Issues Concerning the Handling of Criminal Cases of Copyright Infringement Involving Sound and Video Products by the Supreme People's Court and the Supreme People's Procuratorate (Judicial Interpretation No. 12 [2005]) shall be simultaneously abolished.

After the implementation of this interpretation, if there are any inconsistencies between the judicial interpretations and normative documents issued previously and this interpretation, this interpretation shall prevail.