State Council on Further Improving the fight against intellectual property and selling counterfeit and shoddy goods comments on the work

[Units] of the PRC State Council issued the symbol [release] G [2011] 37 [Date] 2011-12-13

Provinces, autonomous regions and municipalities, wagons, directly under the body:

CPC Central Committee and State Council attach great importance to protecting intellectual property rights and the fight against selling counterfeit and shoddy goods work in recent years adopted a series of policy measures to promote IPR protection and China's product quality and safety continues to increase. October 2010 to June 2011, the State Department to deploy on the fight against IPR infringement and selling counterfeit and shoddy goods (hereinafter referred to as copyright piracy and counterfeiting) special action, concentration and control outstanding infringement and counterfeiting issues, dealt with a number of large case, cases, maintaining the market order of fair competition, increase awareness of intellectual property rights society as a whole. However, some areas in the fight against infringement and counterfeiting paid insufficient attention to acts of infringement and counterfeiting continue to occur, there are some areas of administrative law enforcement unwavering case, there is the case difficult to move, Yifadaixing phenomenon, related to working mechanism to be improved. Copyright piracy and counterfeiting is a long, complicated and arduous task, to do a better job-related work, establish and improve long-term mechanism, is to make the following observations:

First, according to the law to crack down on acts of infringement and counterfeiting

(A) expanding the administrative law enforcement. All localities and departments should focus on food, medicines, cosmetics, agricultural supplies, building materials, electronics, auto parts and other key commodities, as well as copyrights, trademarks, patents and other areas of outstanding problems, determine the stage of the target, regularly carry out special rectification, continue maintain the fight against infringement and counterfeiting of high-pressure situation. Strict supervision of the production enterprises, strengthen market inspections and product sampling sampling, the discovery of the infringement and counterfeiting clues root, root out the source of production and sales network, banned or the document production and management of the "black workshop," " black dens. " To strengthen the focus on ports of law enforcement, increase supervision of import and export goods, import and export effectively curb illegal infringement and counterfeiting activities. Use the Internet to strong regulation issued false trade information to crack down on infringement and the field of Internet marketing fake and shoddy goods act to revoke the site of serious illegal business license or the cancellation of the telecommunications web site for the record, to regulate the trade and business order. Innovation and regulatory measures to improve the focus on product traceability system, promote the implementation of production enterprises purchase inspection, certificate and invoice and commitment to quality systems. To supervise the effective implementation of the main responsibilities related businesses, strict product quality; market run by the network trading platform operators to bear the corresponding management responsibilities, guide and supervise the business and regulations.
(B) to further strengthen the criminal justice blow. Public security organs of the infringement and counterfeiting crimes and related commercial bribery investigation in time, clearly the main responsibility for investigating and processing time, the circumstances are serious, adverse impact to supervise the handling of key cases. To increase the selling counterfeit and shoddy food, medicines, agricultural and other direct damage to the vital interests of the investigation and punishment of criminal acts, regularly carry out combat operations concentrated. To identify relevant clues and root out the criminal organizers, planners and production and processing dens and destroying their production, supply and production chain. Active support and cooperation of relevant departments of public security organs to carry out investigative duties, support and coordinate with prosecutors to perform review of arrest, prosecution, litigation and administrative supervision and law enforcement agencies of suspected criminal cases transferred oversight responsibilities, to support the court to do with the infringement and counterfeiting crimes trial work, and punish criminals.
(C) strengthen effective law enforcement and criminal justice interface. Ministry of Commerce as the field of fight against infringement and counterfeiting convergence of administrative law enforcement and criminal justice work of the leading departments, should take the responsibility, to strengthen co-ordination. Administrative law enforcement departments in the law enforcement inspection found that acts of alleged infringement and counterfeiting crimes, should be promptly notified to the public security organs, according to the provisions of suspected criminal cases; public security organ shall immediately after receiving the report, investigation, and according to the filing or not filing a decision. Brought to the public security organs according to law enforcement departments to make inspection, verification, identification and other assistance, administrative law enforcement departments shall provide assistance. Local people's governments above the county level as soon as possible to clear the field of fight against infringement and counterfeiting convergence of administrative law enforcement and criminal justice work of the lead unit, establish and improve joint case consultation system, timely consultation with the complex, difficult cases, study and solve the convergence work the problem. Judiciary should actively support the administrative law enforcement departments accordance with the law, strengthen coordination and cooperation. To accelerate the construction of the field of fight against infringement and counterfeiting convergence of administrative law enforcement and criminal justice information sharing platform for the work, before the end of 2013, building completed in groups, to achieve administrative law enforcement departments and law enforcement between the judiciary and judicial information interoperability. Subject to the summary of the case, the administrative law enforcement departments should be within the specified time will share relevant case information into the platform. Not transfer suspected criminal cases, law enforcement cooperation will not be accepted or buck-passing by the monitoring department or discipline shall be investigated by prosecutors for units and personnel responsibilities.
(D) the establishment of regional cross-sectoral coordination of law enforcement mechanisms. All localities and departments should establish liaison system, regularly analyzing infringement and counterfeiting crimes situation, determine the focus on the objectives and measures. Informed the establishment of clues, the case co, joint law enforcement, regular consultation with other systems, improve the filing assistance, investigation and evidence collection, evidence of mutual recognition, enforcement and emergency response to help the working mechanism of the formation of a combat force, and enhance combat effectiveness. Standardized procedures of law enforcement cooperation, strengthening regional law enforcement information sharing, inter-regional law enforcement cooperation to improve regulatory efficiency. Full advantage of departmental investigators, administrative law enforcement departments to draw the public security organs according to law enforcement joint, the public security organ shall provide active assistance.

Second, establish and improve the fight against infringement and counterfeiting incentive constraints

(E) improve the supervision and evaluation system. The fight against infringement and counterfeiting work into government performance appraisal system, and promote the integration of social security comprehensive management evaluation range, step by step to carry out supervision and inspection. Issues of infringement and counterfeiting prominent areas, to supervise the enforcement, a deadline for correction. Inspection organs should intensify administrative supervision and accountability efforts, due to poor performance of their duties led to a regional, systematic infringement and counterfeiting problems, serious responsibility and accountability of local government the responsibility of the relevant regulatory authorities.
(F) to speed up the construction of credit system. Business integrity is an important component of social credit system part. We should fight against infringement and counterfeiting as a breakthrough in the construction of social credit system and an important starting point, and strive to create honest, self-discipline, trustworthiness, mutual trust and social credit environment. Various regions, various law enforcement and regulatory authorities to establish a self-employed business credit files, records information about the identity and credit information, credit information system to promote interoperability, information sharing. Improved breach promises punishment mechanism to implement the behavior of infringement and counterfeiting enterprises and legal persons, persons responsible for illegal activities into the "black list", to encourage financial institutions to credit status of enterprises linked with bank credit. Establish and improve credit information query and disclosure system to guide companies and individual operators to enhance the sense of integrity.

Third, mobilize social forces to participate in the work against infringement and counterfeiting

(G) give full play to the supervisory role. Rights assistance to strengthen the platform and reporting of complaints disposed of command to report information platform construction, improve the reporting mechanisms to deal with complaints received, give full play to various localities and departments to report complaints hotline, the role of the network platform. Reporting system to establish and perfect the prizes, the implementation of incentive funding to encourage the public to report acts of infringement and counterfeiting. Administrative law enforcement departments according to law infringement and counterfeiting cases will be included in the scope of government information, the case gone through the case after the announcement by the relevant provisions of the main information, cause of action and penalties, and accept social supervision, alarm companies and operators.
(H) Increase public education efforts. All localities and departments should make full use of television, radio, newspapers, Internet and other communication channels, vigorously promote the fight against infringement and counterfeiting policies and measures, progress and results, interpretation of relevant laws, regulations and policies, universal anti-fraud knowledge and false knowledge, promotional focus on innovation, integrity management of the enterprise, exposure typical cases, deter criminals, educate and guide the public to consciously resist the infringement and counterfeiting. Strengthen protection of intellectual property legal services, intellectual property protection into the business, communities, schools, into network activity, and strengthen the leadership cadres, administrative law enforcement and judicial personnel, management personnel, intellectual property training. To the country to combat IPR infringement and selling counterfeit and shoddy goods special action based on results of network development, construction set advocacy, education, and other functions into one warning against infringement and counterfeiting work platform.

Fourth, improve the work against infringement and counterfeiting safeguards

(I) strengthening organizational leadership and overall coordination. Establishment of a national fight against intellectual property and selling counterfeit and shoddy goods Leading Group (office in the Ministry of Commerce), responsible for leading the country to combat IPR infringement and selling counterfeit and shoddy goods work. Local people's governments of the region to combat infringement and counterfeiting overall responsibility, the unified leadership and coordination of infringement and counterfeiting in key areas, focusing on market regulation; the regulatory authorities to develop specific measures to strengthen supervision, guidance and supervise the work of grass-roots level, effectively assume the supervisory responsibility. Form a "unified national leadership, local government, department supervision according to law, the parties to the joint action" in the work, to promote the fight against infringement and counterfeiting work is solid and orderly conduct.
(J) to improve the relevant legal system. Considering amending the fight against infringement and counterfeiting laws, regulations and rules, promote the improvement of criminal conviction and sentencing standards, improve the relevant inspection, verification standards, increase the infringement and counterfeiting acts of punishment for the law to effectively combat acts of infringement and counterfeiting to provide strong legal protection. Cross-border organized crime, intellectual property and the use of the Internet and other new technologies to implement the behavior of infringement and counterfeiting, all regions and relevant departments to study and improve the appropriate law enforcement and regulatory measures.
(K) to strengthen law enforcement capacity building. Strengthening of law enforcement operations and work style, improve business standards and administrative capacity. Strict law enforcement personnel certificates and qualification management system, so that strict law enforcement, standardized and fair law enforcement and civilized law enforcement. Substantial grass-roots administrative law enforcement personnel, strengthening the criminal justice crime against infringement and counterfeiting expertise, down regulatory focus, and promote comprehensive law enforcement and joint enforcement. Protection against infringement and counterfeiting working expenses, improve law enforcement equipment and technical conditions for inspection and testing, to improve law enforcement and regulatory capabilities.
(L) to strengthen international exchanges and cooperation. Establish and improve mechanisms for bilateral and multilateral law enforcement cooperation to further enhance cross-border acts of infringement and counterfeiting strike capability. Establish a sound early warning of overseas intellectual property, rights and dispute settlement mechanisms, improve the enterprises in foreign trade and investment in intellectual property protection and ability to use. Strengthening bilateral and multilateral exchanges of intellectual property rights, enhance mutually beneficial cooperation. Establishment of an international intellectual property laws and policies and dynamic information database, and learn from advanced experience, improve our level of IPR protection.

PRC State Department's ○ 一 日 一年 十一月 十三