Q: Why do cases of intellectual property (IP)
infringement keep emerging despite the Chinese Government's
determination to crack down on violations in this regard? What
measures will China adopt to prevent IP violation and protect the
rights and interests of IP right holders?
A: China, as a responsible nation, has been actively promoting
IP protection, and has established a complete law and enforcement
system for IP protection in accordance with international
conventions. China has acceded to major international treaties and
conventions on the protection of IP rights, formed a mode giving
equal importance to administrative protection and judicial
protection, and achieved some progress in investigating and
punishing cases of IP violation, cracking down on illegal
activities and protecting the legitimate rights and interests of IP
holders. The most important aspect is that increasing numbers of
Chinese enterprises and customers are realizing the importance of
IP protection and are further strengthening protection
measures.
But why should cases of piracy, IP violation and trademark
infringement and counterfeiting keep emerging despite the
government's efforts? It's safe to say that this is a problem
unsolved in many countries and regions around the world. China
operates as a market economy based out of a planned economy and
thus has established its intellectual property system only in the
last two decades or so. Most people still have a weak awareness of
intellectual property, and lack preparedness and experience to
participate in market competition, especially international
competition. As a result, the problem of IP violation still exists
in some regions and fields.
In order to reinforce IP protection, the State Council set up
the State Working Team for Intellectual Property Protection with
Vice Premier Wu Yi as its leader in 2004. The working team,
responsible for the coordination and arrangement of IP protection
work nationwide, oversees the handling of major IP violation cases.
From September 2004 to the end of 2005, a nationwide IP protection
campaign is being carried out, during which relevant government
departments are demanded to take active measures and strictly
enforce the law, crack down on IP violation and punish those
responsible for violations in the major fields of trademark rights,
copyright and patent rights protection. The campaign is focused on
goods import and export, exhibitions and fairs, wholesale markets
and other fields flooded with counterfeit production and goods.
As well, China has designated the week of April 20 to 26 every
year since 2004 to be the "Week of Intellectual Property
Protection." This week is devoted to publicizing the importance of
IP protection through mass media, as well as the Internet in the
form of seminars, contests and advertising, with the aim of
cultivating an environment of respecting labor, knowledge, talent
and innovation, as well an understanding of IP protection among the
public.
In December 2004, the Supreme People's Court and the Supreme
People's Procuratorate jointly released the interpretation of
certain legal questions involved in this campaign, which has had a
profound significance on the efficiency of enforcing IP protection
in China. Taking into consideration the situation and judicial
practice in China, the interpretation lowers the legal standard for
IP violation, and improves the practicability of relevant
provisions of the Criminal Law, providing specific, applicable
legal terms for handling IP-related criminal cases.
In the past two decades or so, the Chinese Government has
undertaken the tough job of protecting intellectual property and
completed a process that took some developed countries several more
decades to finish. However, as a developing country with a
population of 1.3 billion, the Chinese Government is well aware of
the difficulties in establishing a complete IP protection system.
China, a country comparatively backward in terms of the economy and
technological innovation, still has a long way to go in the
protection of intellectual property.
Pirated audio-visual products are
destroyed in the city of Tianjin.
