Notice Concerning Printing and Distributing the Campaign Plan for Attacking Intellectual Property Rights Infringement and Production and Sale of Fake and Inferior Products
SCS No. (2010)50
All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate work units:
The “Campaign Plan for Attacking Intellectual Property Rights Infringement and Production and Sale of Fake and inferior products” has been agreed upon by the State Council, is hereby printed and distributed to you, please earnestly implement it.
State Council General Office
27 October 2010.
Campaign Plan for Attacking Intellectual Property Rights Infringement and Production and Sale of Fake and inferior products
In recent years, under the high regard of the Central Committee and the State Council’s and the joint efforts of all localities and all entities, our country’s intellectual property rights protection work has achieved vigorous results, But under the influence of many aspects and factors, the phenomenon of intellectual property rights infringement, production and sale of inferior products still appears from time to time, in a number of regions and areas, this is still relatively grave. This not only influences the regular market economy order, impairs enterprises’ competitiveness and innovative vigour, it also damages our country’s international image. In order to expand intellectual property rights protection strength, safeguard a fair and orderly market environment, with the agreement of the State Council, from October 2010 through March 2011, a special campaign will be organized nationwide, attacking intellectual property rights infringement and production and sale of inferior products. The concrete planning is as follows:
I, Work objectives and focus points
Through launching a special campaign attacking intellectual property rights infringement and production and sale of inferior products, strictly investigating and prosecuting a batch of domestic and foreign focus large and important intellectual property rights infringement cases, exposing a batch of law and regulation-breaking enterprises, shaping a high pressure situation in attacking intellectual property rights infringement activities; strengthening enterprises’ law-abiding consciousness, raising consumers’ capacity to distinguish real and fake, shaping a social atmosphere of consciously resisting inferior products, highly regarding intellectual property rights protection, constructing a beneficial intellectual property rights protection environment; strengthening law enforcement coordination, raising law enforcement efficacy, expanding law enforcement strength, fully giving rein to the functions of administrative intellectual property rights protection and judiciary protection, completely raising the level of all levels’ and all entities’ intellectual property rights protection and market order standardization.
In launching a special campaign, it is necessary to persist in comprehensive pushes forward, focus on prominent issues, integrate striking and preventing, and strive for substantial result. Taking copyright protection, trademark rights as well as patent rights and new plant varieties, etc., as focus content, taking production concentration areas, product distribution areas, and areas with a high degree of intellectual property rights infringement and inferior product production as focus areas for discipline, taking the press and publications sector, culture and entertainment sector, high and new technology industry and agriculture as focus areas for discipline, taking books, audiovisuals, software, staple export products, auto parts, mobile phones, medicine, seeds, etc., as focus products for investigation, restraining large-scale intellectual property rights infringement activities, vigorously cleaning up the market environment.
II, Work tasks and labour division
(1) Expanding production source administration strength.
Entities such as press and publications (copyright), public security, industry and commerce, quality supervision, etc., must closely cooperate, strengthen supervision over enterprises in all sorts of printed and reproduced publications, printed products, compact discs, computer software as well as packaging and decoration, trademark symbols and labels, strictly investigate and prosecute activities of illegally printing or reproducing, and illegally making additional copies or selling printed products such as trademark symbols and labels, etc., where the circumstances are grave, printing permits are to be revoked. Banning underground printing and duplication business hideouts without permits. Industry and information, press and publications (copyright), and commerce entities must expand supervision strength over computers newly leaving the factory to be pre-installed with legitimate operating system software. Quality supervision, industry and information entities must strengthen product quality supervision, strictly examine production enterprise resources, determinedly ban production without permits, investigate and prosecute according to the law activities of passing off fake as genuine, abuse of geographical indications and names, and specialized symbols, investigate and prosecute according to the law counterfeiting or pretend use of quality indicators such as factory names, factory addresses, authentication symbols, etc. Agriculture entities must strengthen their dealing with infringement and passing off activities from the seed production sources, in grain-producing regions, over focus varieties such as corn, paddy rice, etc., strengthen variety authenticity appraisal, focusing on attacking production without permits and “set brands”, selling authorization varieties, etc.. According to the law investigating and prosecuting activities of abusing, passing off or counterfeiting agricultural product geographical indication registration certificates, product names and special symbols.
(2) Strengthening market supervision and management
Industry and commerce entities must expand market inspection round strength, strictly attack activities of imitating the name, packaging decoration, etc., that are characteristic to well-known brands; strictly investigate and prosecute unlawful activities of infringing the special rights of registered trademarks and geographical indications, curbing malicious trademark snatching activities; strengthen market supervision, making the duties of market operators, managers, and operational managers clear, strengthening supervision and inspection. Press and publications (copyright) entities must together with relevant entities, deeply develop special copyright law enforcement activities, strengthening book, software and audiovisual market inspection rounds, strictly attack infringement and piracy activities. In the realm of patents, intellectual property rights entities must expand attack strength against repeated, mass and malicious infringement and imitation of patents. Commerce entities must strengthen business, trade and logistics enterprise management and standardization, require enterprises to strengthen distribution product management, curb the entry of infringing products into the circulation are. Price management authorities must strengthen market pricing supervision and management, standardize operators’ pricing activities, strictly investigate and prosecute unlawful activities of price swindling, etc. Food and medicine supervision entities must expand attack strength against production and sale of fake and inferior medicine, disordering medicine production business order. Industry and information entities must provide the necessary technological support to the special campaign, and vigorously cooperate with relevant law enforcement entities in developing market inspection work.
(3) Strengthening intellectual property rights protection in spheres such as import and export links, the Internet, etc.
Customs must according to the composition and regional distribution of import and export-related intellectual property rights infringement cases, expand investigation and prosecution strength over import and export of intellectual property rights-infringing goods in focus harbours according to the law. Quality supervision entities must expand examination and prosecution strength over fake and inferior imported and exported goods. Commerce and intellectual property rights entities must strengthen foreign-related intellectual property rights protection, expand punishment strength over verified enterprising infringing intellectual property rights in import and export, strictly implement rules on intellectual property rights protection at trade fairs, and complete intellectual property rights protection work at important trade fairs. Industry and commerce, and press and publications (copyright) entities must together with relevant entities strengthen network intellectual property rights protection, strictly attack Internet infringement and piracy, focus on attacking television drama work infringement and piracy activities. Strengthening network shopping, telephone shopping and television shopping activity supervision, focusing on attacking swindling activities using the Internet, information networks and television networks to sell products infringing intellectual property rights and counterfeit or inferior products. Radio and television entities must strengthen supervision work over audiovisual programme service websites broadcasting legitimate programmes.
(4) Expanding criminal judicial attack strength.
Public security entities must timely file cases of intellectual property rights infringement and counterfeit or inferior product sale crime for investigation, focusing on investigating and handling criminal intellectual property rights infringement cases with grave circumstances and vile influence. It is necessary to strengthen the effective linking of administrative law enforcement and criminal judicial administration, preventing that where there is a case, it is not transferred, and punishment is replaced with fine, determinedly investigating the criminal liability of intellectual property rights infringement criminals. Entities such as intellectual property rights, industry and commerce, press and publications (copyright), commerce, taxes, quality supervision, forestry, etc. must timely transfer cases found in the process of administrative law enforcement, that conform to the investigation standards for criminal filing or are suspected of being criminal, to the judiciary organs; cases where the crime scene has been tracked down, ad the actor may probably go into hiding or destroy evidence, it is necessary to immediately request public security organ to intervene for investigation in advance. Public security organs must timely investigate suspected criminal cases or clues transferred by administrative entities, and file suspected criminal cases for investigation according to the law. Supervision entities must strengthen supervision over the transferral by administrative law enforcement organs of suspected criminal cases. The justice entities must guide lawyers to conduct well defence and agency work in intellectual property rights infringement and production or selling of counterfeit and inferior product crime cases. Relevant entities must actively support and coordinate procuratorate organs in performing examination and authorization of arrests, examination of the complaint, litigation supervision and case filing supervision duties; support and coordinate the courts in conducting well trial work of intellectual property rights infringement and production or selling of counterfeit and inferior product cases.
(5) Completely using legitimate software in government organs.
All levels’ government organs must conduct self-examination and self-rectification concerning the situation of using legitimate software, press and publications (copyright), government office administration together with relevant entities conduct focus examination, and further expand software legalization work strength. The Ministry of Finance shall grant the necessary financial guarantees required for purchasing legitimate software.
(6) Strengthening intellectual property rights protection propaganda.
All relevant entities must forcefully propagate our country’s deep implementation of the national intellectual property rights strategy, strengthen intellectual property rights protection steps and results, timely report the progress and achievements of the special campaign. Against infringement problems against which the masses strongly react, exposing model cases, frightening law-breakers and criminals. Developing many kinds and shapes of intellectual property rights propaganda and education, spreading intellectual property rights protection knowledge, raising society’s intellectual property rights consciousness. Completely propagating the clear successes of our country’s intellectual property rights sector, reporting models of respecting intellectual property rights, valuing innovation and obeying the law on their own initiative, constructing a beneficial social atmosphere for protecting intellectual property rights, consciously resisting intellectual property rights infringement and fake or inferior products. Guiding enterprises to fulfil their social responsibility, energetically promoting sincere and honest system construction. Strengthening public sentiment analysis discussion and decision-making, closely paying attention to network public opinion trends, against hot intellectual property rights problems closely followed by society, actively organizing news announcements and interview reports, timely clearing up and explaining, responding to the deep concerns of society, strengthening the focus and effectiveness of public opinion guidance.
III, Work requirements
(1) Strengthening organizational guidance, implementing work duties.
In order to strengthen organizational guidance of the special campaign, and guarantee the effective implementation of all duties, the State Council has decided to establish a national attacking intellectual property rights infringement and production or sale of fake and inferior products special campaign leading small group (hereafter simply named national special campaign leading small group), to be responsible for uniformly leading the special campaign, supervising, spurring and examining work progress, supervising and managing important and large cases. The national special campaign leading small group office is set up in the Ministry of Commerce, undertaking daily work. All provinces, autonomous regions and municipalities must also establish attacking intellectual property rights infringement and production or sale of fake and inferior products special campaign leading small groups. All local levels’ People’s Governments must formulate special campaign implementation plans, make clear objectives and duties, implement responsible work division, grasp the organization of implementation, and establish and perfect supervision and examination structures for intellectual property rights work. It is necessary to strengthen a consciousness of the whole pictures, and surmount the inclination to local protectionism. All local levels’ commerce entities and intellectual property rights entities must together with relevant entities establish, perfect, rectify and standardize overall market economy order systems and intellectual property rights protection planning and coordination mechanisms as soon as possible.
(2) Strengthening work cooperate, shaping management force pooling.
All relevant entities must cooperate closely, shape force pooling, mutually linking this special campaign with each entity’s daily intellectual property rights protection work, guaranteeing that the special campaign is successful. The national special campaign leading small group office must together with relevant entities establish law enforcement cooperation, especially large and major case communication and coordination mechanisms, timely research and resolve relevant large and important problems.
(3) Strengthening supervision and guidance of examination, ruthlessly grasping work implementation.
All regions and all relevant entities must realistically implement all duties of the special campaign, expand law enforcement strength, and raise the severity and effectiveness of law enforcement. Relevant entities must organize joint examination groups, at the right time conducting supervision and examination of the special campaign in all localities. All local levels’ People’s Governments must timely report the discipline work progress situation, the results per phase as well as the case investigation and prosecution circumstances upwards. The national special campaign leading small group office must together with relevant entities conduct well the special campaign information statistics and progress situation reports, grasp information circulation and guide all localities in developing the work.
(4) Unblock reporting channels, strengthen social supervision.
All relevant entities must give full rein to the function of presently existing reporting and appealing mechanisms, mustering social forces to participate in supervision. All intellectual property rights protection aid centres must vigorously participate in the special campaign, through the “12330” intellectual property rights protection aid reporting and appeal telephone receive the masses’ and right holders’ intellectual property rights reports and appeals, relevant entities must accept these earnestly and deal with them speedily. Giving rein to the function of the “12312” commerce reporting and appeal telephone the “12315” consumer appeal and reporting telephone, the “12390” intellectual property rights infringement reporting telephone and the “12365” product quality appeal and reporting telephone, etc., and other corresponding telephone lines, providing speedy and convenient reporting, appealing, complaining and information channels, timely discovering unlawful and criminal activity clues.
IV, Time arrangement
The special campaign is divided in three phases:
(1) Mobilization and deployment phase (October 2010). All localities and all relevant entities according to the concrete implementation plans formulated in this plan, completely mobilize and deploy the special campaign. All provincial, autonomous region and municipal People’s Governments and central or national organs and relevant entities implementation plans are to be reported to the national special campaign leading small group before 10 November.
(2) Organization and implementation phase (November 2010 – February 2011) All localities and all relevant entities according to the special campaign plans and concrete implementation plans organize and launch the special campaign. The national special campaign leading small group office together with relevant entities conducts focus examinations of all localities’ conduct of the special campaign, all provinces (regions, municipalities) conduct spot checks of the work situation in their region.
(3) Summarizing and checking phase (March 2011). All regions, all relevant entities conduct summarization of the special campaign. The national special campaign leading small group conducts supervision and examination, grants circulation of awards and suitable rewards for outstanding localities and entities, and gather relevant situations for report to the State Council.