China Issues Overview of Its Oct 2010-Mar 2011 IPR Campaign

The IPR special campaign will run from October 2010 to March 2011.

(Since 2000, MOFCOM states China has (1) drafted and implemented the National IPR Strategy Program, (2) intensified efforts in IPR protection and (3) achieved progress. For example, China has carried out special campaigns targeting at prominent problems, improved its IPR legal system to guarantee the effectiveness of the IPR protection regime, launched constructive international cooperation on IPR protection, etc. However, China's IPR protection still faces some problems.)

Special Campaign to Focus on Major Cases

The major objectives of this campaign are to investigate into and deal with a batch of major cases of both IPR infringements and counterfeits which have attracted attention at home and abroad, and expose the companies who violate IPR laws and regulations.

Efforts will also be made to guide enterprises and individuals to run their businesses credibly and help consumers to improve their abilities to identify pirated and counterfeited products, pay attention to IPR protection, improve the society’s IPR protection awareness, and create a sound environment for IPR protection.

Products Targeted Include Books, Software, Exporting Commodities, Drugs, Etc.

The special campaign will focus on the protection of copyright, trademark, patent and new varieties of plants in those manufacturing bases, distribution centers, and areas with a high incidence of IPR infringement and counterfeits. It primarily targets books, AV products, software, exporting commodities, auto accessories, mobile phones, drugs and seeds in such sectors as press and publishing, culture and entertainment, new and high technology, and agriculture.

Efforts to be Made at Source of Production, Import and Export Links, Etc.

MOFCOM states that work in the following six areas will be prioritized:

• stem violations at the source of production by strengthening supervision on enterprises and closing down underground unlicensed operating units;
• step up market supervision and regulation to prevent pirated products from entering into the distribution channels and reaching consumers;
• improve protection at the links of imports and exports and on the cyberspace;
• step up criminal punishment and handle a batch of infringement cases with severe nature and particularly bad influence;
• promote the use of legalized software in all government agencies; and
• launch an education campaign to create an enabling social climate for protecting IPR and resisting pirated and shoddy goods.

Special Campaign Has Group of 26 Member Agencies, Already Began Work

The State Council has set up a national leading group, consisting of 26 member agencies, with its office at MOFCOM. On November 5, the State Council called a nationwide digital video conference for IPR protection and enforcement, which Premier Wen Jiabao attended and addressed to lay out specific measures for the special campaign.

Regions and departments across China are establishing corresponding taskforces or agencies and working out implementing plans, priorities and measures.

The Ministry of Public Security organized Operation Strike of the Sword, which sorted out 30 key cases for special supervision. The General Administration of Press and Publication have held eight meetings for key areas and set deadlines for 55 major cases of copyright infringement. With the guidance of the Administration of Quality Supervision, Inspection and Quarantine, the quality supervision authorities of Hebei Province cracked a major case involving daily chemical counterfeits valued at RMB 500,000.

Departments, Region and Courts Have Near-Term Priorities

Moving forward, the regions and departments will step up coordination and focus on the implementation of IPR action plans. The following priorities have been set for the near-term:

• a coordinated enforcement mechanism will be established to identify key and major cross-sectoral and cross-regional cases and focus multi-departmental attention. Second, laws and regulations are to be improved.
• the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security will soon jointly issue the Opinions on Several Issues Concerning the Applicable Law in the Handling of Intellectual Property Criminal Cases, to resolve the issue of applicable law.
• communication meetings will be regularized to hear appeals and suggestions from the business community on IPR protection and crack-down on counterfeits and infringements.
• guidance will be given to localities with special attention to key areas including Beijing, Guangdong, Tianjin, Hebei, Shandong, Zhejiang and Fujian.
• publicity and education will be intensified to expose typical cases and publicize corporate role models in IPR protection so as to set the right dynamic of advocating innovation and rejecting counterfeits and infringements.

(See ITT’s Online Archives or 11/16/10 news, 10111640, for BP summary of the Chinese Premier calling for increased IPR enforcement.

See ITT’s Online Archives or 11/12/10 news, 10111203, for BP summary of China launching a new half-year campaign against IPR violations.)