Further crack down on infringement and counterfeiting

In 2015, according to the decision and deployment of the leading group, Chinese Office of the National Leading Group on the Fight Against IPR Infringement and Counterfeiting (hereinafter referred to as the “Office”) closely centered on such main work as constructing business environment ruled by law, promoting the reform of the domestic trade circulation system, and cultivating new competitive advantages of foreign trade, focused on settling prominent problems about infringement and counterfeiting, innovated and perfected the work mechanism, strengthened interim and ex-post supervision, maintained a fair and competitive market order and drove the continuous improvement of innovation environment.

Firstly, strengthen the overall work planning, and improve the coordination linkage mechanism. The Office made preparations for and held the video and telephone conference on national fight against infringement and counterfeiting and two plenary meetings of the leading group. Vice premier Wang Yang attended the meetings and delivered important speeches, putting forward clear requirements for the annual work, which vigorously promoted the implementation of regional work. Based on the new situation and new features of infringement and counterfeiting, through making researches in grass-roots units and enterprises, we formulated and issued the Key Points of National Fight Against IPR Infringement and Counterfeiting in 2015 and quarterly work arrangements, and made deployment for key work. We also organized and carried out performance evaluation in each province (city), strengthened supervision and inspection, and implemented the local responsibility. We promoted joint administration of regions with similar development level and close geographical position, guided the establishment of a linkage mechanism for special actions for fighting against infringement and counterfeiting by four provinces and one municipality directly under the Central Government in the Yangtze River Delta, and researched and put forward the propose on establishing a linkage mechanism for Beijing-Tianjin-Hebei Region, which promoted the formation of the working structure featured with up and down integration, department coordination, and regional linkage, and enhanced composite force for work.

Secondly, organize and carry out special rectification, and keep a stance of fighting and high pressure. We deepen the market regulation of rural areas and rural-urban linking areas, carried out joint law enforcement inspection on seed, fertilizer, pesticide and other agricultural material products, as well as consumer goods closely related to rural residents’ daily life, such as food, medicine, daily necessities, small appliances, hardware and electrical materials, and strengthened the supervision and administration over operators of rural markets, commodity wholesale markets, and main storage and distribution centers; comprehensively carried out special renovation of vehicle-use fuel, vigorously promoted the management of sources of production, and improved the mechanism of market access and exit, with 182,000 national law enforcement officials dispatched, and more than 700 tons fake and inferior vehicle-use fuel oil confiscated; continued to conduct special renovation in the Internet area, and severely cracked down on infringement and piracy and sales of fake and inferior commodities, with more than 3,400 illegal websites shut down or and shielded by relevant authorities. A criminal network in Hebei that promoted and sold counterfeit and low-quality drugs, cosmetics and health food through the network was destroyed, eradicating 13 dens of making and selling counterfeits, capturing 36 criminal suspects, and arresting 16 people upon approval.

Thirdly, firmly implement the “Breeze” action to maintain the image of “Made in China”. The Office made and printed the plan for “Breeze action” to maintain China’s manufacturing image abroad, carrying out special renovation step by step and orderly with regard to key commodities export to Africa, Latin America and countries and regions along “the Belt and Road”, and increased the inspection proportion and intensified the examination on imported and exported goods; organized 160 economic and commercial counsellor’s offices stationed abroad to strengthen external publicity, negotiation and coordination and directed Chinese-funded enterprises and overseas Chinese merchants to establish their brand images. In combination with the exhibition of Chinese brand products in Africa, the economic and commercial counsellor’s offices in countries as Tanzania, Chile, and Jordan vigorously promoted the “Breeze” action, and made positive negotiations about the advertisements that denigrated the image of “Made in China”. We also organized 30 external propaganda media to go to Guangdong and Zhejiang for conducting field interviews and reports, and held news briefings to show the brand image of “Made in China”. According to statistics from the quality supervision department, the proportion of unqualified commodities checked out from commodities exported to Africa decreased by more than 20% on a year-on-year basis. The overall quality of exported commodities gradually improved.

Fourthly, actively promote “linkage between administrative law enforcement and criminal justice”, and strengthen long-term fundamental measures. The Office included the linkage between administrative law enforcement and criminal justice into the plan for “strengthening the coordination in market supervision” for promotion as a key point. Together with the Supreme People’s Procuratorate of the People’s Republic of China, we held multiple symposiums of law enforcement and judicial offices to study and perfect the working mechanism and propel the construction of information sharing platforms. In China, 27 provinces (autonomous regions and municipalities directly under the Central Government) had constructed information platforms for “linkage between administrative law enforcement and criminal justice” and 21 provincial platforms succeeded in the connection with the central platform, with the information of more than 100,000 cases input, which promoted the information sharing related to related law enforcement and case handling. We also researched and perfected the identification of goods involved in infringement and counterfeiting, the preservation and processing mechanism for case-related items and other supporting measures, actively promoted the construction of item preservation centers and inspection and appraisal centers, instructed the industry organizations to take the lead in drafting the Administrative Measures for Inspection and Appraisal Centers for Goods Involved in Infringement and Counterfeiting, and the Measures for Identification of Goods Involved in Infringement and Counterfeiting; propelled information disclosure of administrative penalties against goods involved in infringement and counterfeiting, set up the information disclosure statistics monthly reports and spot check system. The rate of information disclosure of national administrative punishment cases increased by 10% on a year-on-year basis.

Fifthly, conduct extensive publicity and education, and create a good public opinion atmosphere. To strengthen overall arrangements for propaganda work, the Office, by coordinating with relevant departments, carried out creative propaganda activities and issued the Annual Report on China’s Anti-infringement and Anti-counterfeiting for the first time to make a comprehensive and systematic introduction to working achievements of cracking down on infringement and counterfeiting. Centering on the annual work focuses and opinions and other documents on governance in the Internet area, we organized experts to interpret and coordinated with the media about publicity to attract the whole society’s attention, thus playing a good role of education and guidance. We also disclosed a batch of typical cases in relation to infringement and counterfeiting to interpret the laws with such cases and popularize legal knowledge; revised and upgraded “China’s Website for the Campaign against IPR Infringement and Counterfeits”, opened and operated the English site and 37 local sites, optimized contents of such columns as identifying and distinguishing counterfeits, consulting services, and exchange and interaction, and released more than 38,000 pieces of information, thus giving play to an important role of propagating platform. According to incomplete statistics, all kinds of media published monthly and reprinted more than 20,000 pieces of information, creating a good public opinion atmosphere.

Sixthly, strengthen international exchanges and cooperation, and properly deal with foreign-related matters. The Office conducted and participated in tens of multilateral and bilateral exchange activities, and held the symposium on protection of intellectual property rights of multinational corporations in China to timely exchange information and clear up doubts. We organized team to visit the World Intellectual Property Organization, and conduct exchanges and training in the United States, Britain, Australia and other countries, reaching an agreement on establishing institutional contact, strengthening information exchange, and deepening cooperation; and actively participated in Sino-US negotiations about topics related to the protection of intellectual property rights, achieving important results in terms of protecting business secrets, cracking down on fake products on the Internet and other aspects. Besides, we were invited to attend the Intellectual Property Law Enforcement Conference of the International Criminal Police Organization together with the Ministry of Public Security, and the General Administration of Customs, and introduce China’s work mechanism for of cracking down on infringement and counterfeiting and law enforcement work related to the protection of intellectual property rights, which were highly appreciated by other participating countries.

Source: http://english.mofcom.gov.cn/article/newsrelease/significantnews/201602/20160201256485.shtml


Leave a comment

Filed under Legal spotlight

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s