Recently, the State Council issued the opinions on enhancing the fight against intellectual property infringement and counterfeit products (hereinafter the opinions) to guarantee the implementation of national intellectual property strategy, maintain the order of fair market competition and improve the legal and international environment.
According to the opinions, by 2020, the tendency of infringements and counterfeits will be efficiently contained. China will improve the modernization level of market supervision, as well as the legal system, the working mechanism, the business environment, the working system of coordinating administrative and criminal enforcement, jurisdiction, IP right protection, arbitration, mediation, self-discipline of industries and social supervision.
Accordingly, the following measures will be implemented:
1. The cross-department and cross-regional administration will be promoted by intensifying centralized renovation in key areas, coordinating enforcement among departments and regions, and improving the convergence mechanism of administrative enforcement and criminal justice.
2. The capacity for market surveillance and risk control will be further improved. New technologies such as big data, cloud computing will be applied for the information construction of enforcement and supervision. The building of credit system will be accelerated to regulate the market.
3. China will accelerate the amendment of related laws and regulations, for example, the Copyright Law, the Patent Law. Laws regarding e-commerce, business secret. Judicial protection will be given full play through highly effective judicial protection system, criminal and civil judicial protection, and the three-in-one reform in intellectual property jurisdiction.
4. The corporate governance pattern will be constructed by enhancing industry self-regulation.
5. The international exchange and cooperation will be further enhanced with improved intellectual property international strategy and protection system. China will work closely with other countries to launch joint enforcement to fight against cross-border infringement and counterfeit.
