With the issuance of a new judicial interpretation later this
month, what was once a minor intellectual property infraction may
soon be a crime, said Li Xiao, a Supreme People's Court
justice?on Wednesday.
At the same time, police departments are launching the Eagle
Program, a year-long crackdown on crimes related to brand names,
particularly for products like medicine that are directly related
to users' health.
Li was speaking at a two-day forum sponsored by the Ministry of
Public Security's Economic Crime Investigation Department.
The new judicial interpretation touches on convictions and
penalties, as well as Internet piracy and other sticky issues, she
said.
Hu Anfu, head of the Economic Crime Investigation Department,
reported that between 2002 and 2003 police solved more than 2,000
IPR-related crimes, involving about 1 billion yuan (US$120
million). In the first half of this year, more than 500 cases
involving 260 million yuan (US$31.3 million) were filed.
From 1998 to 2001, the number of IPR-related criminal cases grew
an average of more than 33 percent annually, with the sums involved
rising about 29 percent each year.
China is using both judicial and administrative remedies for IPR
issues. The new interpretation will provide more legal support for
police.
Hu's department reported that cases involving brand-name
infringement account for 80 percent of IPR-related crimes. The
Eagle Program was launched to deal specifically with this area.
The one-year campaign will focus on food, sanitary products,
medicine and agricultural materials, which can directly affect
people's safety. Police will also target serious cases that violate
well-known domestic and foreign brands.
Zhao Tianwu, director of the Ministry of Information Industry's
Intellectual Property Center, pointed out that consumer awareness
also needs to improve.
"For common Chinese people, IPR protection is a new topic that
was introduced with the opening and reform drive 20-plus years
ago," he said. "It may take more time for them to gain a full
understanding of the issue."
More than 200 people attended the forum, including economic
crime investigators at the provincial level, company
representatives and personnel from government judicial, cultural
and commercial departments.
(China Daily December 16, 2004)