If the case of counterfeiting trademark infringement belongs to a minor criminal case that the victim has evidence to prove; Or the victim has evidence to prove that responsibility should be investigated, and the public security organ or the people's procuratorate refuses to investigate responsibility, which is a case of private prosecution.

legal ground

Article 2 10 of the Criminal Procedure Law of People's Republic of China (PRC).

Cases of private prosecution include the following cases:

(a) inform the handling situation;

(2) Minor criminal cases proved by the victim;

(3) Cases in which the victim has evidence to prove that the defendant has infringed upon his personal and property rights and should be investigated for criminal responsibility according to law, but the public security organ or the people's procuratorate will not investigate the criminal responsibility of the defendant.

Article 2 12

The people's court may mediate a case of private prosecution; Before the verdict is pronounced, the private prosecutor may reconcile with the defendant or withdraw the private prosecution. Mediation is not applicable to cases specified in Item 3 of Article 210 of this Law. The time limit for the people's court to hear a case of private prosecution, and if the defendant is detained, the provisions of paragraphs 1 and 2 of Article 208th of this Law shall apply; Those who are not in custody shall be sentenced within six months after accepting the case.