Annual report of china on its efforts to combat human rights abuses and counterfeiting (2002/23)
A major push for intellectual property power-building
On 26 april, the twenty-fourth world intellectual property day, the press office of the state council held a press conference on the annual report on china's efforts to combat abuse and counterfeiting (2023) (hereinafter " the report " )。
Non-discriminatory and equal protection of intellectual property rights of private and foreign enterprises
The report presents seven aspects of the measures and effectiveness of china's efforts to combat abuse and counterfeiting in 2023. The report states that in 2023, the chinese government strengthened its policy leadership and vigorously promoted intellectual property rights (ipr) power-building; increased its reform efforts and its efforts to optimize the system of anti-violation efforts; and deepened communication and cooperation, vigorously promoting regional and sectoral synergies and safeguarding the efficient and effective implementation of intellectual property rights。
The deputy director-general of the directorate-general of market supervision, liu jun, described the efforts of the directorate-general of market supervision to give high priority to intellectual property protection, continuously improving institutional mechanisms, strengthening administrative enforcement and implementing focused governance, which have yielded positive results。
On the one hand, emphasis is placed on improving institutional mechanisms and improving governance effectiveness. In 2023, the central party, the state council, further optimized the intellectual property administration system by transforming the national intellectual property agency into a direct organ of the state council. (b) the preparation and revision of a number of sectoral regulations and normative documents to further regulate administrative and production practices. On the other hand, regulatory enforcement is constantly being strengthened to protect legitimate rights and interests. In 2023, 44,000 cases of intellectual property violations, such as trademarks and patents, were investigated by the national market supervisory authority and transferred to the judiciary in 1,376 cases. At the same time, the organization focused on management and sustained high pressure. In 2023, the directorate-general of market supervision organized a national unified destruction campaign for counterfeit and counterfeit goods, in which 22 provinces simultaneously destroyed more than 4,700 tons of fraudulent goods。
The party centre and the state council have always attached great importance to the construction of a business environment. Since 2023, a series of policy measures have been in place to protect the intellectual property rights of private and foreign enterprises on an equal footing. For example, the central state council of the communist republic of china issued a series of documents, such as the opinions on promoting private economic development, on further optimizing the investment environment for foreign countries and increasing the efforts to attract foreign investment, in an effort to combat violations of intellectual property rights。
“intellectual property rights (iprs) of various types of operators, such as private enterprises, are protected equally, legally and without discrimination. It has also received extensive advice on the establishment of channels of communication with private and foreign enterprises. In terms of policy development, priority governance, etc., the advice of various operators is widely heard.” the willow army says。
We're going to check for fake violations in the live feed, and we're going to hit the hospital movies
The launch will respond to hotspot issues such as strengthening the protection of intellectual property rights in the delivery chain and combating the transmission of cinema films. In response to the new problem posed by the new mode of live delivery, the market regulatory authority has continued to carry out special campaigns to detect abuses and frauds in internet sales and live transmissions。
On the one hand, it is essential to play an integrated and coordinated role and to continue to promote the implementation of laws and regulations such as the electronic commerce law of the people's republic of china, the measures for the supervision of network transactions. On the other hand, protection is constantly being strengthened. Promotion of the regulations of the people's republic of china on the implementation of the consumer protection act to further regulate information disclosure, platform management and marketing. The normative document, direct online marketing management, was also elevated to a statutory obligation to further clarify the responsibilities of the platform, the live operator and the anchor. In addition, regulatory enforcement has been continuously deepened, and violations and frauds committed in the context of internet sales and live transmissions have been rigorously investigated。
In recent years, the problem of film piracy has attracted widespread attention in society. The head of the copyright authority of the central ministry of advocacy, tang yuzhi, introduced the work of the national copyright authority on the protection of copyright in cinema films. Since 2023, a total of 14 major series of 134 institutional films have been issued with an early warning of copyright protection. Network service providers have been asked to take effective measures to deal with piracy in a timely manner, removing subsequent links to 117,500 in the case of hospital-related films, closing 224 illegal websites (apps) and effectively avoiding the spread of abuse。
Overall, there was a 53 per cent decrease in the number of home-based film taps this year compared to the same period last year. The monitoring and detection techniques of the china institute of film science and technology have enabled full retroactive coverage of all institutional film videos and audio taps on the internet, supporting law enforcement in this area. The next step will be to further intensify efforts to stimulate the production of more excellent films。
Accelerate the resolution of long-term and costly intellectual property protection challenges
How can the long-cycle and high-cost protection of intellectual property contribute to faster and faster intellectual property protection
The director-general of the intellectual property protection department of the national intellectual property agency, guo quan, explained that in recent years, the national intellectual property agency has been functionally and ad hoc in providing fast, easy and efficient intellectual property protection to rights holders。
First, the rapid and coordinated protection of intellectual property rights has been advanced, with the establishment of 70 intellectual property protection centres, 42 of which cover 28 provinces, and more than 150,000 enterprises, more than 80 per cent of which are msmes, have completed pre-trial proceedings. In the first quarter of 2024, the centres received 25,000 cases of intellectual property protection, with an average processing cycle of less than two weeks, and an average authorization period of less than three months for patent applications for inventions submitted through pre-trial channels, with the advantage of “fast protection” increasing。
Second, the “big conciliation” of intellectual property disputes has been actively structured. The advantages of mediation are increasingly evident in the strengthening of inter-ministerial coordination and the establishment of government-led, socially participatory and well-connected mechanisms for the mediation of intellectual property disputes. The length of the advocacy cycle was effectively addressed by the fact that mediation cases had an average of approximately 28 days to complete. Some 80 per cent of cases are mediated online, effectively reducing the costs of defending the rights of the parties。
Finally, assistance for the defence of intellectual property rights has been continuously increased. Publication of the guidelines on assistance in the defence of intellectual property rights, which efficiently and in an orderly manner advance the various aspects of assistance in the defence of human rights. On 24 april, the national intellectual property agency published a progress report on intellectual property rights protection assistance for the year 2023, which showed that intellectual property rights aid agencies were closer to the grass-roots level, closer to innovative subjects, that cooperation units such as colleges and social organizations had increased by 23. 3 per cent over the same period, that cooperation experts had increased by 34. 5 per cent over the same period and that intellectual property rights aid cases had increased by 87 per cent over the same period. (reporter lin liqian)
