On November 13, 2011, the State Council published the Opinions of the State Council on Further Improving Work to Combat Intellectual Property Rights Infringement & Producing and Selling of Counterfeit and Shoddy Goods (2011 No.37) (the “Opinions”).
The Opinions pointed out that after the special actions to combat IPR infringement and producing and selling of counterfeit and shoddy goods in 2011, the market order of fair competition is maintained and the awareness of intellectual property rights of the whole society is enhanced.
However in some areas, there is still insufficient emphasis on the fight against infringement and counterfeit and shoddy goods, and infringement and counterfeiting acts still occurred, and the related mechanisms need to be improved. To further improve the relevant work, the Opinions made provisions in respect of the following aspects:
1. Crack down on infringement and counterfeiting acts in accordance with the law
- (A) Effectively enhance the administrative law enforcement.
- (B) Further strengthen the action of criminal justice.
- (C) Strengthen effective interface between administrative law enforcement and criminal justice.
- (D) Establish trans-regional and inter-departmental law enforcement coordination mechanism.
2. Establish and improve the restraint and incentive mechanisms of fight against infringement and counterfeiting
- (E) Improve the supervision and evaluation system.
- (F) Speed up the credit system.
3. Mobilize social forces to participate in the fight against infringement and counterfeiting
- (G) Give full play to the social supervision function.
- (H) Increase publicity and education efforts.
4. Improve the safeguards to combat infringement and counterfeit and shoddy goods
- (I) Strengthen organizational leadership and co-ordination
- (J) Improve relevant legal system.
- (k) Strengthen capacity-building of law enforcement.
- (L) Strengthen international exchanges and cooperation.
