China Will Introduce The System Of Punitive Damages For Intentional Infringement.

In 2011, the National Forum on the protection of intellectual property rights of foreign enterprises was held in Shenzhen today. The deputy director of the State Intellectual Property Office, he Hua, said at the meeting that China will study the threshold of criminal responsibility to reduce infringement and counterfeit and shoddy behavior, and increase the intensity of criminal punishment. And raise intellectual property right The amount of penalty for infringement shall be introduced into the punitive damages system for for-profit intentional infringement and counterfeit and shoddy behavior, while increasing the burden of proof of the infringer.

After listening to the speech made by foreign enterprises, he believes that, as a whole, foreign institutions have intellectual property rights in the past year. protect The work is fully recognized. Relevant government departments are highly valued in strengthening dialogue with rights holders, innovating law enforcement cooperation mechanism, strengthening law enforcement and improving the quality of handling cases. In particular, last October to June this year, the State Council organized a nationwide campaign to crack down on infringement of intellectual property rights and the manufacture and sale of fake and shoddy commodities. tort Counterfeiting key areas and key areas has dealt with a number of major cases and achieved outstanding results. If the Ministry of Public Security launched the "Jian Jian" action, the "sword net" action led by the Copyright Bureau has effectively curbed the momentum of large-scale mass intellectual property infringement.

He Hua said, the Chinese government attaches great importance to the work of intellectual property protection, and its work is unprecedented. Recently, the State Council has set up a leading group on combating intellectual property infringement and manufacturing counterfeit and shoddy goods, and promulgated and implemented the "opinions on further cracking down on intellectual property infringement and the manufacture and sale of fake and shoddy commodities", and has made great efforts to promote the construction of a long-term mechanism for intellectual property protection.

In regard to the problems and difficulties existing in the protection of intellectual property rights, he thinks that the following aspects are mainly manifested in the following aspects: legislation, decentralization, slow pace of reform, inadequate system of rights, inadequate punishment for infringing acts and so on. Law enforcement problems include inadequate protection of well-known trademarks, cross class infringement and difficulties in safeguarding rights, repeated selling and counterfeit activities in parts of the country.

Fundamentally speaking, these problems are closely related to the current economic development in China. Our institutional mechanisms and comprehensive capabilities can not fully meet the needs of intellectual property protection. " He Hua said that the Chinese government was aware of this problem and set up a leading group headed by the State Council. But this mechanism has just been established, and it will take time to run smoothly and give full play to its role. Besides, China's intellectual property is still in its initial stage, and it is not a day's effort to improve the overall capacity and level of judicial and administrative enforcement.

He said that in the coming period, China will speed up the revision of relevant laws, regulations and rules. Studying and revising the criminal law, reducing the threshold of criminal responsibility for infringement and counterfeit and shoddy acts, increasing the intensity of criminal punishment, promoting the revision of laws and supporting laws and regulations, such as patent law, trademark law and copyright law, increasing the amount of fines, studying the introduction of punitive damages system for for-profit intentional infringement and counterfeiting and shoddy behavior, increasing the burden of proof by the infringer, and earnestly solving the problem of the burden of proof by the obligee.

At the same time, we must establish a cross regional and inter departmental law enforcement cooperation mechanism. The work of combating intellectual property infringement should be included in the government performance appraisal and the responsibility of local government supervision. Establish the intellectual property rights archives of enterprises and individual operators, and improve the system of inquiry and disclosure of credit information. We should improve the regulatory mechanism for the centralized circulation of commodities and set up a pilot scheme for the protection of intellectual property rights in specialized markets.

He said that China will continue to strengthen administrative law enforcement for food, medicine, cosmetics, agricultural materials, building materials, electrical and mechanical, auto parts and other key commodities. We must crack down on violations of intellectual property rights in the Internet field. We should speed up the convergence of administrative law enforcement and criminal justice, and resolutely prevent the phenomenon of "penal punishment instead of punishment". Encourage the public to report infringement of intellectual property rights. The infringement and counterfeit and shoddy cases shall be incorporated into the scope of government information disclosure and be subject to social supervision.