Text by Ariane Yu
On 12 May, 2016, QBPC IP protection cases were released in Beijing, including Ten Criminal cases, Ten Non-criminal cases and five model cases bridging Administrative and Judicial IP Enforcement. More than 300 persons, including heads of central government enforcement authorities, and deputies of enterprises in connection with these model cases, officers from foreign embassies in China, representatives of chambers of commerce, guests from international organizations, academic institutions, media, Chinese companies and QBPC members were present at the announcement and exchange meeting.
Colin Chen, QBPC Chairman,delivered a welcome speech and introduced what kind of the IP protection the right holders need. He called for that IP protection should be lawful, equal, strict, impartial and innovative, and pointed out, IP protection in China is not perfect, but what is important are the changes in details. To understand, listen to, communicate, cooperate, protect innovatively and grow together is the purpose and the meaning for QBPC to select and release these cases. QBPC hopes that, each of these cases would, like a stone thrown into the sea of intellectual property, bring some positive influence and good response.
Other distinguished guests also spoke at the conference, including Ms. Ling Li, Vice Chairman of the China Association of Enterprises with Foreign Investment, Mr. Jingli Zhang, Deputy Director General of the Economic Crime Investigation Department of the Ministry of Public Security of the People’s Republic of China. Mr. Yong Li, Deputy Director General of the Investment Promotion Agency of the Ministry of Commerce of the People’s Republic of China, Mr. Tom Duke, Senior IP Officer at the British Embassy Beijing, Mr. Zhicheng Chen, Director of Public Procuratorate Department of the Supreme People’s Procuratorate and Mr. Hongbing Chen, Director of World Intellectual Property Organization Office in China. They deeply appreciated the QBPC’s persistent effort and positive contribution to China’s IP protection since its establishment in 2000, and hopes that, in the beginning year of the 13th Five-Year, it can accommodate the “New Normal” to push forward China’s IP protection in a forceful, steady and innovative manner. The climax comes when plates of thanks are awarded. Such a plate, simple as it is, represents the QBPC’s gratitude and blessing to these selected companies.
QBPC started the appraisal and selection program of Annual Top Ten Cases from 2002. They are recommended by member companies, and divided into criminal and non-criminal categories, including various administrative and judicial IP enforcement cases. From 2012, the QBPC began to establish Model Cases Bridging Administrative and Judicial IP Enforcement. For 2015-2016, the QBPC appraised and selected top ten criminal cases, top ten non-criminal cases and five model cases bridging administrative and Judicial IP Enforcement, which focus on trademark and patent sectors, covering machinery, electric, medical, articles of everyday use, clothes, safe materials and other industries. Infringement is various with most are luggage mailing and internet becomes an important platform. Criminal gangs in some sectors are from certain families and regions. Criminals are good at counter-investigation, and use false addresses, contact persons and producers. From these cases, we can see that, criminal and administrative law enforcement authorities have worked together more closely to protect lawful rights and interests of right holders and consumers and promote fair market competition. They have improved enforcement accuracy through big data, cloud computing and other hi-tech means, significantly shortened the time for handling cases and enhanced the efficiency of enforcement through vertical management and concerted operation. Judicial authorities have deterred criminals by imposing substantial punishment, heavier fines and stricter economic punishment upon infringing activities. The fight against IP infringement has a role in people’s health, safety and happiness, right holders’ interests and the order of market competition as well as the state’s secure economic construction and stable social life. The 2015-2016 QBPC Annual Top Ten Practice Cases in IP Protection and Model Cases in Bridging Administrative and Judicial IP Enforcement appraised and selected by QBPC is a sketch of IP protection work in China, an acknowledgment and appreciation of persons that are diligent and united for IP protection, and a truthful portrait of central and local government’s vigorous support and promotion to IP protection.