2012 Work Essentials for Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products Nationwide
State Council Secretariat Notice Concerning Printing and Issuing the 2012 Work Essentials for Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products Nationwide
GBF No. (2012)30
All provincial, autonomous region and municipal People’s Governments, all State Council Ministries and Commissions, all directly subordinate organs:
The “2012 Work Essentials for Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products Nationwide” have been agreed to by the State Council, are hereby issued to you, please earnestly implement them.
State Council Secretariat
15 May 2012
2012 Work Essentials for Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products Nationwide
Work to attack intellectual property rights infringement and the production and sale of fake and inferior products nationwide in 2012 must persist in treating both root causes and symptoms, and focusing on prominent matters, completely implement the spirit of the “State Council Opinions Concerning Further Performing Work Attacking Intellectual Property Rights Infringements and the Production and Sale of Fake and Inferior Products” (GF No. (2011)37), revolve around prominent problems of infringement and fakes, launch special campaigns, strengthen criminal judicial attack, establish and perfect long-term mechanisms, strengthen basic construction, strengthen propaganda and guidance, and guarantee work efficiency.
I, Forcefully launching special campaigns
(1) Launching special trademark protection campaigns. With famous trademarks and foreign-related trademarks as focus points, strictly attacking acts of counterfeiting other persons’ registered trademarks. Strictly attacking acts of illegal printing and illegal copying and selling of trademark symbols. Strictly attacking “freeriding brand” acts of imitating famous trademarks’ characteristic names, packaging, decoration, etc. Expanding trial strength against malicious squatting registration of trademark cases, effectively curbing malicious trademark squatting registration acts.
(2) Launching special copyright protection campaigns. Strengthening supervision and management over printing and reproduction enterprises, strictly investigating and prosecuting acts of illegal production, printing and reproduction of software, books and audiovisual products. Expanding punishment strength over infringement and piracy activities in cultural and other areas, strictly attacking acts of selling pirated software, books, audiovisuals, cartoon publications and their derived products, etc., in focus markets, focus venues, focus areas and through the Internet. Continuing to expand the “Online Sword Campaign” strength to attack network infringement and piracy, forcefully deal with acts of network audiovisual, network music, network literature, online gaming and cartoon, and software infringement and piracy, further performing audiovisual website supervision and management work, preserving high-pressure state of attacking infringement and piracy activities.
(3) Launching special patent right protection campaigns. Launching special law enforcement campaigns for patents in production and circulation segments, scientifically guiding patent protection work at the research and development segment, expanding attack strength against patent infringement activities concerning areas relating to the people’s livelihood, major programmes and foreign-related matters, etc. Strictly investigating and prosecuting acts of group infringement, repeated infringement, passing off patents and patent fraud. Giving prominence to inspection before fairs, inspection patrols, fast arbitration, tracking and punishment, and other segments, doing important exhibition law enforcement and rights defence work well. Expanding law enforcement, inspection and punishment strength concerning specialized market.
(4) Launching special network product exchange website campaigns. Strengthening supervision and management of websites providing network product exchange platform services, straitening website filing and checking, implementing tracing to the source, investigating and prosecuting cases of infringement and counterfeiting. Strengthening search and inspection over network exchange subjects, objects and activities, focusing on strengthening the inspection of websites (online stores) suspected to be involved in unlawful acts, investigating and prosecuting use of the Internet to disseminate false information, sell infringing fake and inferior products and other unlawful activities according to the law, persisting in banning network black markets. With fake and inferior cosmetics and apparel as focus point, investigating, prosecuting and exposing a batch of unlawful cases of network product exchange.
(5) Launching special campaigns on the import and export segment of infringement, fake and inferior products. With the “Shield of the Gates of the Nation” campaign as handhold, deeply launching activities to attack unlawful activities concerning infringement, fake and inferior products at the import and export segments, strengthening supervision and management over import and export of foodstuffs, medicines, chemical products, automotive parts and other focus products, at shipping, express mail service and other focus transportation channel and at the Beijing, Shanghai, Tianjin, Shenzhen, Guangzhou and other focus ports, conducting concentrated punishment. Investigating and prosecuting enterprises importing and exporting counterfeit goods according to the law. Strengthening inspection and quarantine of imported and exported goods, strictly attacking acts of fraud, passing off or forging of inspection and quarantine certification, strictly investigating and prosecuting acts of evading inspection and quarantine supervision and management. Strengthening import and export product pre-shipping inspection, expanding inspection and management strength concerning place of origin symbols, strictly attacking illegal use, disorderly use or selling of place of origin symbols and other unlawful activities.
(6) Launching special campaigns attacking counterfeit medicines, cosmetics. Strengthening dealing with of medicine production enterprises, town and country pharmacy product purchasing channels and medical treatment organs, strictly investigating and prosecuting activities of producing and selling fake and inferior medicines; strictly attacking using the Internet of illegal collection and sale of medicine. Deploying the launch a special campaign for the specialist market of Chinese medicinal herbs. Strengthening examination and verification of cosmetics production enterprises’ raw material suppliers, straitening cosmetics production and business work units’ certificates, bills and account management, with whitening, spot removal and other cosmetics as focus point, investigating and prosecuting activities of using prohibited or limited materials in violation of laws and regulations.
(7) Launching a special campaign to attack fake agricultural products. Strictly guarding the pass of agricultural product market access, combing out rural product production and business subjects according to the law, determinedly banning “black nests” selling infringing, fake and inferior agricultural products; strengthening supervision, control and inspection over agricultural product wholesale markets, collection and distribution centres, business shops, logistics and delivery centres, and mobile town vendors; strengthening supervision and spot checks over agricultural product quality and variety authenticity, tracing back, investigating and prosecuting the sources of production and sale of infringing, fake and inferior agricultural products; strictly investigating and prosecuting use of the Internet to sell infringing, fake and inferior agricultural products. Strengthening forestry sprout quality spot checks and law enforcement inspection, strictly attacking unlawful activities of passing off the fake as genuine, selling seconds and best-quality prices, violating variety rights, etc.
(8) Launching special anti-counterfeit automotive part campaigns. Strictly attacking acts of producing automotive parts without production permits, strictly investigating and prosecuting enterprises that do not conform to production conditions. Strictly inspecting mandatory product accreditation, strengthening inspection of enterprises obtaining focus product certifications, investigating and prosecuting unlawful production activities according to the law. Strictly attacking unlicensed products and counterfeits with CCC accreditation, (i.e. China Mandatory Production Certificates) leaving factories or being sold and activities of counterfeiting or illegal use of accreditation symbols, persisting in banning unlicensed production “black nests”. Concentratedly dealing with production concentration areas with prominent problems of automotive part counterfeiting production and sales, as well as quality, strengthening quality control, supervision and inspection of automotive parts in circulation areas, timely imposing the punishment of market withdrawal of products not meeting qualifications and investigating and prosecuting activities of selling fake and inferior or sub-standard automotive parts according to the law.
(9) Launching special geographical indication protection campaigns. Strengthening geographical indication post-registration continued supervision and management, strengthening market withdrawal mechanisms for products not meeting qualifications. Strictly investigating and prosecuting activities of counterfeiting, illegal use or use in excess of the scope of geographical indication symbols, strictly attacking activities of passing off specialized geographical indication symbols.
(10) Launching a special campaign for organic product accreditation symbols. Strengthening supervision and inspection of enterprises obtaining certification, strictly prohibiting enterprises obtaining certification to exceed the scope or exceed the quantity when using organic product accreditation symbols; strengthening supervision and inspection in the area of circulation, strictly investigating and prosecuting acts of counterfeiting, passing off, or using accreditation symbols in excess of time or excess of the scope, it is strictly prohibited to conduct second sub-packaging or cutting apart of organic products outside of production and processing locations indicated in accreditation certificates, or add organic product accreditation symbols without authorization; strengthening organic product accreditation symbol filing system construction and propaganda, conveniencing consumers and supervision departments’ inquiries and supervision.
(11) Launching special rural market focus product campaigns. Aiming at household electrics, foodstuffs, daily appliances, liquefied petroleum gas cylinders and other focus problems closely related to the lives of peasants, strengthening risk and hazard arrangement inspection of production source and county-level and lower regional wholesale markets, county fairs and sales shops, focusing on tidying up and banning “black workshops” and “black nests” producing fakes and selling faces, investigating and prosecuting production and business enterprises violating laws and regulations according to the law. In a focused manner, launching knowledge propaganda to distinguish the fake from the genuine, and further strengthen peasants’ rights defence consciousness.
At the same time, with unlawful activities of theft, lure by promise of gain, coercion and other improper means obtaining commercial secrets as focus points, expanding the strength to attack unlawful activities infringing commercial secrets according to the law. According to the law, expanding strength to attack unlawful activities infringing integrated circuit layout designs, Olympic symbols and other unlawful activities.
II, Preserving a high-pressure criminal judicial attack state
(1) Launching a “decisive battle of solving cases” to attack fake and inferior goods. With attacking prominent crimes closely related to the masses’ direct interests such as producing and selling fake and inferior foodstuffs, medicines, agricultural products, alcoholic beverages, fire fighting equipment as well as online fake sales, etc., launching one concentrated battle campaign aimed at special cases of all sorts of crimes relating to fake and inferior goods every quarter, destroying the entire chain and the entire coverage of networks and nests criminally producing and selling fake goods. Expanding case-filing and investigation strength concerning backdoor commercial bribery and professional criminal cases related to crimes of counterfeiting and infringement.
(2) Expanding criminal judicial attack strength aimed at criminal cases of counterfeiting, fake and inferior goods. Expanding suspected criminal case transfer and acceptance work strength. Timely authorizing arrest and filing complaints in suspected criminal cases of infringement and counterfeiting according to the law. Strengthening supervision over administrative law enforcement organs’ transferring of suspected criminal cases, and public security organs’ criminal case filing and investigation activities. Rapidly trying infringement and counterfeit cases according to the law.
III, Establishing and perfecting long-term mechanisms
(1) Strengthening comprehensive coordination in attacking infringement and counterfeiting work. All localities’ leading work small groups for attacking intellectual property rights infringement and production and sale of fake and inferior goods must implement systems such as situation reporting, work supervision and inspection, case supervision, etc., and perform unified leadership and coordination in dealing with focus areas and focus markets in their areas.
(2) Completing and strengthening supervision assessment mechanisms. Bringing attacking infringement and counterfeit work into the assessment cope of comprehensive social management assessment, researching and formulating government achievement assessment methods and implementation rules for attacking infringement and counterfeiting work, supervising localities to progressively establish assessment systems. Researching and putting forward concrete opinions for administrative law enforcement departments to timely open up information corresponding to the system’s investigating and handling cases according to the law, stimulating all localities to grasp implementation. Straitening administrative supervision and responsibilization, strengthening the duties of attacking infringement and counterfeiting work. Supervising all relevant departments in timely discussing and deciding on clues that may lead to regional and systemic risks, and to strengthen supervision and control, and closely grasp the initiative.
(3) Perfecting corresponding legal systems and standards. Implementing, revising and perfecting work arrangements for legal systems relating to attacking infringement and counterfeiting, accelerating the promotion and perfection of relevant legal systems; vigorously perfecting corresponding regulations and departmental rules. Completing inspection and authentication standards for focus areas and focus products, perfecting law enforcement supervision and management technology guidance bases.
(4) Strengthening mechanisms linking administrative law enforcement with the criminal judiciary. Strengthening leadership, supervision and guidance over linking administrative law enforcement with the criminal judiciary, clarifying the work units in city and county-level governments that take the lead in linking work. Rolling out work documents on linking administrative law enforcement with the criminal judiciary in the area of attacking infringement and counterfeiting, perfecting clue reporting, joint case handling, providing specialist support and other mechanisms and systems, strengthening supervision and control over case transferral and handling; concerning different areas and case characteristics, further making corresponding operational standards more detailed. Formulating construction plans and technological standards for information sharing platforms for linking central and local administrative law enforcement with the criminal judiciary in the area of attacking infringement and counterfeiting, and selecting a number of regions and departments to launch trials.
(5) Perfecting cross-regional and cross-departmental administrative law enforcement coordination mechanisms. Through information and statistics reports, work exchange, regular consultation, uniform law enforcement campaigns and establishing cross-regional law enforcement cooperation networks and other methods, establishing cross-regional law enforcement coordination mechanisms; through liaison personnel conferences, cross-departmental information communications, joint case investigation, consultation on problematic cases, joint supervision, mutual evidence recognitions and other methods, establishing cross-departmental law enforcement coordination mechanisms; strengthening law enforcement cooperation supervision, expanding force pools across regions and across areas to attack infringing and counterfeiting activities. Establishing management mechanisms that are harmless to the environment for the complete fake and inferior product destruction process.
IV: Ramming down a work basis
(1) Strengthening law enforcement capacity construction. Launching law enforcement work inspection and achievement assessment, strengthening law enforcement team management. Organizing law enforcement training of replacing training with cases, case analysis meetings and other methods. Promoting and strengthening joint law enforcement. Researching and formulating concrete measures, strengthening supervision and management over cross-border and foreign-related infringement, Internet infringement, organized infringement and counterfeiting and other problems. Vigorously practicing on-the-spot inspection patrols, overlapping law enforcement, networked management and other supervision and management models. Strengthening basic law enforcement personnel responsibilities.
(2) Accelerating honesty system construction. Launching production and business enterprise honesty appraisal, progressively establishing production and business subject honesty files. Formulating work plans promoting trustworthiness information sharing and corresponding standards. Exploring and completing a “black list” of enterprises breaking honesty, promoting linking enterprise honesty with bank credit extension. Formulating honesty information inquiry and disclosure work mechanisms. Launching trials concerning honesty construction in commercial areas nationwide. Researching questions of integrating stimulating government organs’ software legitimization work with informatization work.
(3) Strengthening international exchange and cooperation. Through multilateral and bilateral dialogues and other methods, strengthening intellectual property rights law enforcement information exchange and law enforcement cooperation; promoting bilateral intellectual property rights cooperation agreement initiation and implementation, strengthening capacity building in all areas; organizing activities of going abroad to launch intellectual property rights propaganda activities, organizing international intellectual property rights cooperation fora, government and business intellectual property rights round-table conferences, etc; giving rein to the function of enterprises’ intellectual property rights overseas rights defence assistance centres, performing overseas focus exhibition intellectual property rights work, launching enterprise training and focus point and hotspot problem research, renewing and perfecting international intellectual property rights systems and trend information databases, incessantly establishing and completing overseas advance warning, rights defence and dispute settlement mechanisms, raising enterprises’ intellectual property rights creation, protection, utilization and management capacity.
(4) Strengthening intellectual property rights legal services. Guiding lawyers to assist sectors and enterprises with concentrated intellectual property rights to establish and complete intellectual property rights innovation, utilization and protection mechanisms, and strengthen enterprise indigenous intellectual property rights protection capacity. Guiding all localities’ establishing of service platforms, launching special legal service activities adapted to the needs of strengthening intellectual property rights protection and attacking infringement and counterfeiting.
V, Strengthening propaganda and guidance
(1) Broadly launching propaganda, education and training. Giving rein to the function of the battlefield position of websites in attacking infringement and counterfeiting work, strengthening propaganda concerning attacking infringement and counterfeiting work. Utilizing convening press conferences, organizing news media’s interviews and reports, initiating propaganda columns in mainstream media and websites and other methods, to further expand the social influence of attacking infringement and counterfeiting work. At important points in time, before and after major events, concentratedly organizing domestic and foreign propaganda. Strengthening public sentiment supervision, strengthening public opinion guidance. Performing work briefing releases, experience exchange, and moving work forward. Broadly launching intellectual property rights law propaganda to enter enterprises, enter communities, enter schools and enter network activities.
(2) Vigorously guiding mass participation. Strengthening the construction of reporting and complain platforms and informatized reporting management and command platforms; perfecting reporting acceptance and handling mechanisms, implementing systems to reward reporting, strengthening follow-up spot checks, realistically performing report and complaint information acceptance and case handling work.
(3) Realistically strengthening social supervision. Making opening up investigating and handling cases of infringement and counterfeiting to the public into an important content of government information openness, and accepting supervision from the social masses in the entire process.