On January 18, the Supreme People's Court (SPC) and the Supreme People's Procuratorate (SPP) jointly released the Interpretation on Several Issues Relating to the Application of Law in the Handling of Criminal Cases of the Intellectual Property Rights Infringement (Draft for Comment) (the "Draft") to solicit public opinions by March 5, 2023.

The Draft, consisting of 31 articles, stipulates that, in the event that anyone, without permission from the owner of a registered trademark, uses a trademark which is identical to the registered trademark on the same kind of commodity, where any of several circumstances occurs, including "the amount of illegal income is more than CNY30,000 or the amount of illegal business is more than CNY50,000", the case shall constitute "serious circumstance" as specified in Article 213 of the Criminal Law;in the event that anyone, without permission from the owner of a registered trademark, uses a trademark which is identical to the registered trademark on the same kind of service, where any of several circumstances occurs, including "the amount of illegal income is more than CNY100,000, the case shall constitute "serious circumstance" as specified in Article 213 of the Criminal Law. 

(Source: China’s Supreme People's Court)