Building a Co governance System, Cracking Down on Infringement and Counterfeiting, and Reforming the Trial Mechanism - Analyzing the "Construction Plan" of the Intellectual Property Protection System
2024-05-29
By 2027, the intellectual property protection network covering the four levels of "national, provincial, municipal, and county" will be further improved, and the "big protection" work pattern will be fully formed... The "Implementation Plan for the Construction of Intellectual Property Protection System" was recently issued. The China National Intellectual Property Administration held a press conference on the 28th to introduce the key contents of this "construction drawing". The plan for building a social governance system for intellectual property protection proposes to build a convenient, efficient, diverse, and widely participated social governance system for intellectual property protection. Guo Wen, Director of the Intellectual Property Protection Department of the China National Intellectual Property Administration, said that the key to building a social co governance system is to adhere to government guidance and industry self-discipline, and give full play to the role of mediation organizations, arbitration institutions, notaries, enterprises and institutions and other social forces in intellectual property protection. "As of now, there are 2000 mediation organizations under the guidance and management of the national intellectual property system, covering 31 provinces (regions, cities) and Xinjiang Production and Construction Corps, becoming an important force in resolving disputes in the field of intellectual property." Guo Wen said. In addition, the China National Intellectual Property Administration and the Supreme People's Court established an online litigation and mediation docking mechanism of "head to head", and the mediation platform of the people's court pushed the case mediation success rate to 80%; In conjunction with the Ministry of Justice, we actively promoted intellectual property arbitration work. In 2023, 121 arbitration institutions in 29 provinces (regions, cities) across China carried out intellectual property arbitration work, handling 5249 arbitration cases with an amount exceeding 4.9 billion yuan. Guo Wen said that in the next step, the China National Intellectual Property Administration will strengthen the mediation and arbitration of intellectual property disputes according to the plan deployment, punish serious violations of intellectual property rights and dishonesty according to law and regulations, and continue to enhance the awareness of intellectual property protection in the whole society. The issue of cracking down on infringement and counterfeiting and punishing malicious litigation has always been a hot topic of concern for consumers. The plan is clear and requires in-depth promotion of intellectual property administrative law enforcement, and strict crackdown on infringement, counterfeiting, and illegal activities. Tong Bo, Deputy Director of the Law Enforcement and Inspection Bureau of the State Administration for Market Regulation, introduced that the State Administration for Market Regulation issued the Implementation Plan for the Special Law Enforcement Action on "Protecting Intellectual Property Rights" (2024-2025) in April this year, and launched a two-year special action nationwide. "The special action will focus on cracking down on trademark infringement and other illegal acts of infringement and counterfeiting, highlighting the orientation of people's livelihood, with a focus on electronic products, household appliances, home decoration, clothing and bags, alcoholic products, children's toys, etc. closely related to people's lives, and strictly investigating and punishing trademark infringement and illegal acts." Tong Bo said. Tong Bo stated that he will also severely crack down on infringement and counterfeiting in online sales and live streaming sales, as well as illegal activities such as setting up stalls and selling counterfeit and well-known brand products in special sales promotions. He will also increase the crackdown on malicious trademark registration and other illegal activities that enterprises have reported more. The plan proposes to continue promoting the punishment of malicious litigation in the name of safeguarding rights and seeking profits. According to Wan Yong, Deputy Director of the Intellectual Property Prosecution Office of the Supreme People's Procuratorate, as of the end of 2023, procuratorial organs across the country have supervised the retrial of over 6100 civil cases related to intellectual property through the submission of protests and the issuance of retrial prosecutorial suggestions, and transferred over 150 suspected criminal clues. According to reports, the China National Intellectual Property Administration has invalidated 129 trademarks related to the Olympic logo and the names of heroes and martyrs according to the malicious registration clues transferred by the Supreme People's Procuratorate. To promote the reform of the "three in one" trial mechanism and strengthen intellectual property protection, it is also necessary to study and formulate litigation norms that comply with the laws of intellectual property cases. The plan proposes to deepen the reform of the "three in one" trial mechanism for intellectual property civil, criminal, and administrative cases. Ding Guangyu, Vice President of the Third Division of the Civil Trial of the Supreme People's Court, introduced that as of the end of 2023, 25 higher courts, 242 intermediate courts, and 287 grassroots courts in China have achieved centralized jurisdiction and unified trial of intellectual property cases. Through the "three in one" reform, the quality and efficiency of intellectual property trials have been continuously improved. "The appeal rate of intellectual property civil cases in regions such as Jiangsu, Zhejiang, Anhui, and Jiangxi is between 5% and 6%, and the retrial application rate is between 0.4% and 0.7%, which is far lower than the national average of intellectual property cases and also lower than the appeal rate and retrial application rate of other civil cases in these provinces," Ding Guangyu said. "Next, the Supreme People's Court will work together with procuratorial and public security organs to study and coordinate the civil, administrative, and criminal trial functions of intellectual property rights, promoting the legal coordination of civil compensation, administrative performance, and criminal prosecution." Ding Guangyu said that a more comprehensive intellectual property trial mechanism will be established to ensure the high-quality development of intellectual property trials and serve the construction of a strong intellectual property country. (Lai Xin She)
Edit：He Chuanning Responsible editor：Su Suiyue
Source：Xinhua
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