Chinese achievements of cracking down on IPR infringement and counterfeits in 2012

The work of cracking down on IPR infringement and counterfeits has made remarkable achievements in 2012 by the Chinese government; the capacity of guaranteeing food and medicine safety in circulation field has been further strengthened; environment for business and consumption has been improving; and credit construction in commercial field has made positive progress.

First, carry out drastic measures on IPR infringement and counterfeits

The special rectification measures have been effective with remarkable results. Focusing on trade mark right, copyright and patent right, we carried out special rectification on online commodity transaction websites, import and export links, medicine and cosmetics, agricultural materials, rural markets, auto parts, geographical indication and labeling for organic products, etc. Since this year, the administrative law enforcement departments totally placed 274 thousand cases on file involving 7.99 billion yuan and demolished 15 thousand dens.

Fights against criminal cases are forceful and serve as a deterrent. The public security organs are oriented by people’s livelihood and will, and carried out a battle for cracking criminal cases. This year, they totally solved 39,000 cases, captured 57,000 suspects involving 10.76 billion yuan. The prosecutorial organs strengthened supervision over case filing and investigation. This year, they totally ratified the arrest of 14,000 people in 7,426 IPR infringement cases, investigated and filed 12,000 cases and sued 22,000 people. The courts accepted 12,000 cases, tried and closed 10,000 cases and sentenced 12,000 people.

The construction of the legal system was enhanced and the working mechanism was constantly improved. According to the needs for combating infringement and counterfeits, we made “package” revisions to the provisions in relevant laws and regulations on the amount of penalty, completed the revision on drafts of trademark law and patent law. We issued a batch of important national standards such as technical conditions for the security of school buses, and promoted to include combating of infringement and counterfeits into the performance evaluation system of the comprehensive governance for social administration. The General Office of the State Council issued the opinion on enhancing the connection of administrative law enforcement with criminal justice. Since this year, the administrative law enforcement departments have totally transferred 5,562 cases suspecting crimes to the judicial organs.

Public education  in various forms had helped form a good atmosphere. Website on China’s Combat against IPR Infringement and Counterfeits was opened to issue authoritative information and respond to public concerns. Relevant central press units and their websites reported the work arrangement and effects in combating of infringement and counterfeits in China since the 16th CPC National Congress, especially in recent two years, surging the high tides of propaganda and education activities. Forum on Enterprises’ IPR Protection and Innovation & Development was also held.

The long-effect mechanism of government software legalization was initially established. The expenditure of software procurement was included in the fiscal budget of the government; the software asset was included in the asset management system, and the procurement and asset management situation was included in the scope of audit. As at the end of June 2012, 31 provinces, autonomous regions, municipalities directly under the central government and Xinjiang Construction and Production Corps all had completed the check and rectification of the software legalization of the government units, and two-fifths and one-fifth of legalization is completed in city-level and county-level government units. And software legalization in the headquarters of central state-owned enterprises has wholly been completed.

Source: Ministry of Commerce Website; http://english.mofcom.gov.cn/aarticle/newsrelease/significantnews/201212/20121208500886.html

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