Recently, the State Council of Chinese government issued a notice on different tasks by government agencies in the special national campaign to enforce and protect intellectual property rights (hereinafter the notice).
According to the notice, a Leading Group for the special national campaign has been set up, which includes the State Council of PRC, the State Intellectual Property Office(SIPO), the Ministry of Commerce (MOC), National Development and Reform Commission (NDRC), Ministry of Industry and Information Technology (MIIT), Ministry of Public Security (MPS), Ministry of Supervision (MOS), Ministry of Justice (MPJ), the Ministry of Finance (MOF), Ministry of Agriculture (MOA), Ministry of Forestry, Ministry of Culture, Ministry of Public Health (MOPH), State Food and Drug Administration (SFDA), State Asset Supervision and Administration Commission (SASAC), General Administration of Customs (GAC), State Taxation Administration, State Administration for Industry and Commerce(SAIC), State Administration of Quality Supervision, Inspection and Quarantine（AQSIQ）, State Administration of Radio, Film and Television (SARFT), General Administration of Press and Publication (GAPP), National Copyright Administration of China (NCAC), Government Office Administration of the State Council, Legislative Affairs Office of the State Council, Information Office of the State Council, Supreme People's Court (SPC), and Supreme People's Procuratorate (SPP).
Task of each government agency in the special campaign is defined as follows:
Supervision over printing and duplicating of publications, presswork, CDs, computer software and its package, trademark representations------by GAPP, Ministry of Public Security and SAIC
Supervision over the pre-installed operational software in newly manufactured computers----by MIIT, GAPP, NCAC and MOC
Investigation of misusing and falsely using geographical indication (GI), special representations, certifications—by AQSIQ and MIIT
Actions against imitating acts of the names, packages and decorations of famous-brand products, investigation of illegal activities relating to registered trademarks---by SAIC
Enhancement of actions against the repetitive. Collective and willful infringement of patent and passing-off of patent---by SIPO
Efforts against the distribution of infringing products in the circulation channel—by MOC
Crackdown on the fake and counterfeit drugs in the market---by SFDA
Technical assistance for the special campaign again the copyright piracy on the internet and investigation of the internet relating to the piracy---by MIIT
Intensification of foreign-related IP protection, establishment of pre-warning system relating to IP in foreign trade, implementation of IP protection at exhibitions---by MOC and SIPO
Supervision over infringing products in the import and export at the customs----by GAC
Enhancement of IP protection on the internet against the on-line piracy---by NCAC, Ministry of Culture and SARFT
Criminal measures against the IP infringement and manufacture and sale of fake and counterfeit products---by MPS
Guidance to the local courts in examining the IP infringement cases and issuing judicial interpretations----by Supreme People’s Court
Guidance to the attorneys in representing the IP cases----Ministry of Justice
Use of genuine software by government agencies---by GAPP
Education and distribution of IP and increase of public awareness for IP---by the Leading Group of the Special Campaign
Establishment of platform for safeguarding the IP rights, improvement of the receiving of IP complaints, setting up a reward system for reporting IP infringement, providing rapid and efficient channel for IP complaint-----by MOC, SAIC. NCAC, GAPP, MOA, SIPO, AQSIQ
Revision of related IP laws and regulations (trademark law, copyright law)--- by SAIC. NCAC. Legislative Affairs Office of the State Council
Strengthening the sanctions for IP infringement, simplifying the remedy procedures, increasing the damage and efficiency of judicial examination---by Supreme People’s Court
Supervision of the IP in government procurement and prevention of IP infringing products---by Ministry of finance
Establishment of coordination and exchange mechanism for enforcement and cases----by the Leading Group of the Special Campaign
Urging the local government to set up leading groups in local areas to supervise and lead the special campaign again IP infringement and manufacture and sale of fake and counterfeit products---by the Leading Group of the Special Campaign
