SCIO briefing on Report on the Latest Development of IPR Protection and Business Environment in China (2020)

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Xing Huina:

Please raise your questions.

CNR:

Ms. Gan just introduced that in face of the COVID-19 outbreak and the downward pressure on the global economy, China's practices on intellectual property right (IPR) protection, improving the business environment and battling against IPR infringement and counterfeiting, have been widely recognized by the international community. What are the specific works that the Office of the National Leading Group on the Fight Against IPR Infringement and Counterfeiting has done? What are their plans for the future? Thanks.

Gan Lin:

Thanks for your question. In 2020, the Office of the National Leading Group on the Fight Against IPR Infringement and Counterfeiting firmly implemented the important speeches and instructions given by General Secretary Xi Jinping and the decisions and plans made by the CPC Central Committee and the State Council. Departments at different levels coordinated with each other and took effective measures to fight against IPR infringement and counterfeiting, achieving great progress. We specifically strengthened our efforts in six areas, which are as follows:

First, we strengthened coordination. The National Leading Group on the Fight Against IPR Infringement and Counterfeiting held nationwide teleconferences, clarifying the major work on fighting against IPR infringement and counterfeiting in 2020, identifying the major tasks and verifying responsibilities. We carried out annual performance evaluation in 31 provincial-level regions and the Xinjiang Production and Construction Corps, to ensure the measures had been put into place. 

Second, we strengthened regulation in major areas. In the internet field, 14 departments carried out special internet market supervision work, or the so-called "Wangjian 2020" joint campaign, to combat illegal activities such as selling infringements and counterfeiting products online and unfair competition. Around 20,000 cases were investigated and dealt with. Meanwhile, four departments launched the "Sword Net 2020" campaign, focusing on combating infringement and piracy in audiovisual works, e-commerce platforms, social platforms, and other fields. We closed 2,884 illegal websites. We continued to carry out the "Iron Fist" campaign of intellectual property law enforcement, and investigated and handled 39,000 trademark infringements and patent counterfeiting cases. In rural and urban-rural fringe areas, six departments jointly carried out special enforcement campaigns to combat counterfeit and shoddy food in rural areas to help poverty alleviation and drive rural vitalization. We organized the "Spring Thunder" campaign to severely crack down on infringement and illegal acts in the field of agricultural materials. We organized market inspections on the spring and autumn crop seeds, and also investigated and dealt with a batch of infringement cases. Key efforts were also made in import and export links. We deployed the campaign for IPR protection named "Longteng," the campaign for IPR protection in shipping and delivery channels named "Blue Net," and the campaign for IPR protection for export transshipment goods named "Clean Net," and seized 62,000 shipments of import and export goods suspected of infringement. In major areas regarding people's livelihoods, we jointly launched special campaigns to implement the "four strictest standards" requirements, with 285,000 food safety violations investigated and handled. We also carried out a special campaign to crack down on the illegal manufacturing and sale of masks and other protective products, and 120 million problematic masks were seized.

Third, we strengthened judicial protection. We cracked down on more than 21,000 criminal cases of IPR infringement and the production and sale of counterfeit goods, arrested more than 32,000 suspects, with the value involved totaling more than 18 billion yuan. Courts across the country concluded 466,000 first-instance IPR cases, a year-on-year increase of 11.7%. The amount of compensation awarded in IPR cases increased by 79.3% year-on-year. We approved the arrest of 7,174 people committing IPR infringements, and prosecuted 12,152 people.

Fourth, we strengthened publicity and promotion. Focusing on major works of different departments across the country, we have given full play to the role of traditional media and new media to guide public opinion. We published a series of reports and typical cases on IPR protection and battling against infringement and counterfeiting for demonstration and guidance. Relying on international organizations, including the WIPO, the WTO and international conferences, we told the "Chinese story" of IPR protection and presented the "Chinese voice" of optimizing the business environment to the world.

Fifth, we strengthened joint governance. Related departments guided companies in the telecommunications and internet industries to sign a self-discipline convention on internet data security. Hangzhou, Nanning and other customs and cross-border e-commerce platforms were guided to explore the establishment of IPR protection cooperation workstations. In addition to that, the first ten local sub-centers of the National Overseas IPR Dispute Response and Guidance Center have been established under guidance. Over 500 IPR dispute mediation organizations have been set up and mediated 24,000 IPR disputes throughout the entire year.

Sixth, we strengthened international cooperation. We signed the China-EU Agreement Protecting Geographical Indications and the Regional Comprehensive Economic Partnership Agreement. The Beijing Treaty on Audiovisual Performances officially came into effect. We held the 3rd Forum on International Cooperation in Fighting against IPR Infringement and Counterfeiting and the 17th Shanghai International Intellectual Property Forum. We actively participated in international operations such as "Operation Opson" against food crimes, "Operation Pangea" against internet crimes of manufacturing and selling counterfeit drugs, and "Operation Cyber Eagle" against internet intellectual property crimes.

This year marks the start of the 14th Five-Year Plan (2021-25) period. The National Leading Group on the Fight Against IPR Infringement and Counterfeiting will follow the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fulfill our duties, pursue innovation, and continue our fight against IPR infringement and counterfeiting. Going forward, we will step up our efforts in the following five aspects:

First, we will promote well-coordinated cooperation. We will ensure that administrative law enforcement, judicial protection, as well as arbitration and mediation, will proceed in an orderly manner. We will also further enhance the synergy between law enforcement and the crackdown [on IPR infringement and counterfeiting].

Second, we will focus on people's well-being and their concerns. We will ramp up our efforts to ensure that crackdowns, regulation and deterrence will work when it comes to the infringement and counterfeiting cases in which the public are concerned and have attracted wide attention, as well as those fields and areas where IPR infringement and counterfeiting cases have frequently emerged.

Third, we will improve regulatory practices. Greater efforts will be made to promote smart and credit rating-based regulation, so as to regulate online and offline infringement and counterfeiting throughout the whole industrial chain in a comprehensive manner. 

Fourth, we will promote public participation. We will strengthen industrial self-discipline, ensure that enterprises fulfill their responsibilities, and stimulate the enthusiasm of consumers, so as to establish a model of fighting infringement and counterfeiting based on collaboration and participation.

Fifth, we will deepen international cooperation. We will establish and improve multilateral and bilateral coordination mechanisms of law enforcement, which will help facilitate information exchange and case investigation, as well as communication and experience sharing, so as to jointly crack down on cross-border crimes. 

Thank you.

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