China's Action Plan on IPR Protection 2006

Updated: 2007-04-24 08:38

III. Plans on institutional building

(I). To set up such working mechanisms as those concerning complaint registering, public notification and statistical releases, structuring a networked platform capable of information servicing, case supervision, statistical collection, status evaluation and early warning.

(II). To set up complaint and service centers in cities where people's governments for the provinces, autonomous regions and municipalities directly under central administration locate as well as in other important cities, for better supervision of the proceedings of the relevant cases.

(III). Building on the release of the Opinion concerning the Timely Transfer of Suspected Criminal Cases in Administrative Enforcement (hereinafter referred to as The Opinion), to give a further push to the improvement of the working mechanism pigeon-tailing administrative enforcement and criminal adjudication.

1. To improve the joint enforcement meeting mechanism involving SIPO, SAIC, Sate Copyright Bureau, SPC and the SPP, bringing the cooperation programs into greater depth while exploring more channels of cooperation, organizing cross-regional IPR enforcement inspections and studies in order to promote cross-sectional exchanges amongst various regions.

2. To improve the coordinating mechanism between public security agencies, prosecuting bodies and the national administrative entities of industry and commerce, vigorously following through the Interim Regulation concerning Intensified Interlinking and Coordination in the Combat against Copyright Infringing Criminal Offences.

3. To accelerate the formulation of the coordinating mechanism between the MPS and the General Administration of Customs (GAC), stepping up the coordination and cooperation between the two agencies.

4. To establish the working mechanism on the transfer of information underling infringing and pirating criminal cases from the administrative enforcement entities to the public security agencies. MPS plans to join the Ministry of Culture (MOC), the State News and Publication Administration (SNPA), the State Copyright Bureau and SAIC in releasing the relevant documents, thereby clearly defining such contents as transfer procedures while introducing discipline and order into the work on the transfer of infringement and piracy cases.

5. To vigorously disseminate the practice of "an information-sharing platform by administrative enforcement and criminal adjudication" developed and applied by the Municipal Office for Market Rectification and Standardization and the People's Procuratorate of Shanghai, thus furnishing modernized means and a long-term platform for the working mechanism pigeon-tailing administrative enforcement and criminal adjudication while transpiring this mechanism into the area of actual case proceedings. An on-site meeting in Shanghai is planned together with the National Office on Market Rectification and Standardization in late May, with the aim of looking into and disseminating the experiences by Pudong District in instituting this information-sharing platform linking administrative enforcement with judicial adjudication.

(IV). To promote cross-regional coordination in enforcement.

To formulate plans for cross-regional joint enforcement efforts. To give a further push to cross-regional joint enforcement efforts on patent administration. To provide for specific regulations that are operational with regard to the scope and procedures of cases whereto the cross-regional joint enforcement mechanism is applicable, in response to the legal issues involved in joint enforcement endeavors.

(V). To develop a reporting system of the basic data on IPR protection and notify the outside world the data concerning IPR protection by China.

(VI). To improve the mechanism of rewarding reports.

MOS plans to consult with the MOC, SNPA and the State Copyright Bureau to improve the system of rewarding reports, thus mobilizing the public to provide the relevant leads on criminal offences of infringement and piracy. Focus will be placed on investigations into information underlining infringement and piracy of well-known domestic publishing houses and publications as well as foreign right-holders, thus making every effort to uncovering and prosecuting a batch of major and important cases.

(VII). To study and formulate an intellectual property strategy for the IT industry, and establish an intellectual property early-warning system for the industry.

In order to ensure the uninterrupted execution of endeavors in such areas as industry-specific procurement, technological R&D and enterprise production while fending off potential IPR disputes, the Ministry of Information Industry (MII) will step up its efforts to establish an industry-wise intellectual property early-warning system.

(VIII). To formulate and promote the Plan on Trade Show Participants' Self-Discipline in IPR Protection.

The Ministry of Commerce, in a joint effort with relevant government authorities, has formulated and is promoting the Plan on Trade Show Participants' Self-Discipline in IPR Protection. It has put in place a rating system to monitor IPR protection efforts of show participants.

(IX). To promote the experience of Jiangsu Province in regulating the audio-visual products market.
In recent years, Jiangsu Province has been actively cultivating a demonstration market of legalized audio-visual products along the route between Shanghai and Ningbo, and has accumulated rich experience in rectifying and developing audio-visual products markets. The Ministry of Culture will convene a symposium to sum up and promote the experience of Jiangsu, and to pursue a lasting and effective mechanism for IPR protection in audio-visual markets.

(X). To enhance the transparency of judicial IPR protection

1. Well-equipped higher courts shall be urged to phase in the system of publishing effective IPR-related court verdicts on the Internet and the related online resources will be integrated. The China Court website will open a special column for IPR-related court verdicts supported by full-time staff, as a public window for promoting a fair and just IPR enforcement image.

2. A nationwide press release mechanism for news on judicial IPR enforcement will be established. With cooperation from relevant media organizations, typical cases will be selected for publishing on various publications in a bid to give enhanced media coverage to cases of interest to the public and the achievements made. If possible, various localities will also be encouraged to conduct advocacy activities in English targeting foreign parties.

3. The Supreme People's Court has made the decision to found China Trial, a publication for court verdicts and trial information on IPR cases.

(XI). The Supreme People's Court has decided to devise an intricate system of "IPR Tribunal"
To process civil cases of IPR infringement, aiming at strengthening the trying of cases and increasing the civil liability of IPR infringers.

(XII). To intensify supervision and case-filing efforts so as to prevent and correct the practice of "Penalty for Criminal Liability" in cracking down on criminal IPR infringement cases.

Procuratorates of various levels will take the initiative to enhance communication and coordination with judicial enforcement bodies and public security authorities. To be more specific, procuratorates will approach judicial enforcement bodies such as industry and commerce administrations, drug administrations, culture authorities, press and publishing administrations and tobacco monopoly administrations for case information and reading of case files, which will enable them to timely detect cases that should have but have not been transferred by criminal enforcement bodies or cases that public security authorities refuse to open, and to offer counsel.


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