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Business
Print Edition> Business
UPDATED: January 4, 2012 NO. 1 JANUARY 5, 2012
The War on Fakes and Infringement
China continues its fight to protect intellectual property rights and crack down on counterfeiting
By Lan Xinzhen
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Meanwhile, MOFCOM has accelerated establishment of the integrity system to encourage integrity among businesses and individuals to abide by laws on protecting IPR.

According to Jiang, China will establish an information-sharing platform for connecting administrative law enforcement and criminal justice. Those departments that reject coordination between administrative law enforcement and criminal justice will be held responsible.

China has also strengthened international cooperation, establishing IPRrelated cooperation mechanisms with the United States, European Union (EU), Japan, Switzerland, Russia and other countries and regions. At the 22nd Joint Commission on Commerce and Trade (JCCT) meeting held on November 21, China and the United States signed Sino-U.S. Intellectual Property Rights Cooperation Framework Agreement, agreeing to strengthen exchange and cooperation on the issues both sides are concerned about.

Foreign right holders

In China, foreign enterprises and individuals are protected under Chinese laws. MOFCOM, the General Administration of Customs, the State Administration of Industry and Commerce and the State Intellectual Property Office have all kept their doors open to foreigners who wish to file complaints against IPR violators.

According to Jiang, during the special campaign on combating IPR infringement and counterfeits from 2010 to 2011, MOFCOM held discussions on protecting IPR of foreign companies, exchanging views with foreigninvested enterprises and foreign organizations in China and collecting feedback. Rights holders can also issue complaints via the Quality Brand Protection Committee of the China Association of Enterprises With Foreign Investment.

China has also discussed and exchanged views on hot IPR issues through IPR working groups with the United States, EU, Japan and other countries, as well as the dialogue mechanism with the EU.

In the past year, China has investigated a number of cases infringing on foreign right holders. For example, the Shanghai Public Security

Bureau cracked a case of pirate software by destroying two hideouts that had produced pirated software of Windows 7 and cut off more than 1,000 pirate software download websites.

However, China's efforts sometimes go unacknowledged.

"It seems that criticizing China is very easy, but introducing China fair-mindedly is difficult," said Li Chenggang, Director of the Department of Treaty and Law of the MOFCOM.

Li said after 30 years of unremitting efforts, China has obtained obvious achievements, and international community should value these achievements.

In October 2011 the MOFCOM organized China's IPR authority to visit the United States and introduce China's IPR protectionm measures.

"Some American friends persuaded us not to go, because in the United States, the public believes China is a nation of IPR pirates, and people there would throw tomatoes at us," Li said.

Li went anyway, and no vegetables were thrown. On the contrary, they won applause for their frankness and sincerity, Li said. Top officials of the Office of the United States Trade Representative have officially invited China for the activities next year.

"Only by deepening exchange and cooperation can we continuously enhance mutual understanding, eliminate misunderstanding, resolving conflicts and creating a win-win situation," Li said.

Tasks of Combating IPR Violations

- Urging local governments to create special task forces to combat infringement and counterfeiting, and report their work to the National Leading Group for Combating IPR Infringement and Counterfeits.

- Carrying out inspections during holiday seasons against IPR infringement and counterfeits in farming tools, medicine, tobacco, building materials, auto parts and cosmetics.

- Inspecting pre-installed computer software, close illegal websites, combat infringement in online shopping domains, protect IPR in the animation industry, close music websites without government approval, close enterprises illegally producing DVDs, improve the publication market and organize special inspections on patent at exhibitions and in major markets.

- Continuing the public security department's special campaign that began in 2010 against fake food and medicine.

- Improving the legal system for combating IPR infringement and counterfeits, and formulate provisions to connect administrative law enforcement with criminal justice.

- Strengthening publicity of combating IPR infringement and counterfeits, establish a website of the National Leading Group for Combating IPR Infringement and Counterfeits and publicize example cases.

(Source: National Leading Group for Combating IPR Infringement and Counterfeits)

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