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The Forum on IP Protection and Pro-innovation Investment Environment held successfully in Xiamen

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PRC Gov. Agencies
The Forum on IP Protection and Pro-innovation Investment Environment held successfully in Xiamen

    On September8th, 2012, the Forum on IP Protection and Pro-innovation Investment Environment was held successfully in Xiamen. This meeting was host by China Association of Enterprises with Foreign Investment (CAEFI) and organized by QBPC of CAEFI, which serves as an IP protection special forum of the 16th China International Fair for Investment & Trade.
    The forum is hosted by Mr. Hu Guocai, Vice Chairman of CAEFI. Mr. Wang Chao, Vice Minister of MOFCOM, attended the meeting and gave the opening speech. Vice Minister Wang said this forum would provide a platform for the communication between the government agencies and enterprises, especially the foreign investment enterprises, for the further enhancement of IP protection and the build-up of the innovation investment environment, which will also be helpful to build a fair market order and further improve investment environment in China.
    During the session of speeches given by the officials, Mr. Pei Xianding, Chief Judge of No. 2 Criminal Tribunal of the Supreme People’s Court, reviewed the development and progress of the court systems in terms of IP trials. This was not only reflected in case trial numbers but also the various judicial interpretations and notice issued by the SPC, SPP and other state agencies on the subject of IP protection. This reflected the importance China attach to IP protection. No. 2 Criminal Tribunal has the determination and confidence to cooperate with other departments and agencies to further the cause of intellectual property protection.
    In the speech of Mr. Yuan Ming, Deputy Director General, Investigation Supervision Department of SPP, he specially mentioned 3 important instructions made by Mr. Cao Jianping, Attorney General of SPP, on the convergence between Administrative and Judicial Enforcement. In addition, Mr. Yuan also highlighted the following focus of work: 1) Enhance the supervision of case transferring from the administrative agencies and case acceptance by the PSB. 2) Welcome QBPC to submit cases for supervision. SPP will help coordinate cases for public prosecution and help transfer cases where duty crime is involved. 3) Welcome QBPC to give opinions on anti-IP infringement and counterfeiting to promote the IP protection.
    Mr. Ma Xuebing, Deputy Director General of Department of Enforcement and Supervision of AQSIQ, looked back the achievements in 2012 on the work against the IP infringement and making and selling counterfeit products. He also emphasized that simple enforcement and case transferring are not recommended, and the various infringement acts needs better to differentiated into the following 3 categories: 1) For those infringement act and quality security issues as defined by the laws and regulations directly, efforts are to be enhanced to fight against the issue. 2)civil approach would be mainly suggested and used for unfair competition.3) Need to differentiate between fake and shoddy goods and products with inferrior quality. Simplied case transferring of all shall not be encouraged.
    Mr. Zhang Peng, Deputy Director of IP Divisionof ECID of MPS delivered a presenation of the achievements and experience of Operation Sharp Swords and the specials action initiated by MPS in different industries. Mr. Zhang said the public security organs all over the country would keep on the momentum and pressureof such special campaign against IP infringement and counterfeiting.
    Mr. Tan Jian, Director of Department of Market Supervision of MOFCOM, introduced the working mechanism and structure of the National Leading Office against IP Infringement and Making & Selling Fake & Shoddy Goods(Hereinafter referred to as “the leading office”). And he said after the completion of statistics analysisfrom this January to July, the leading office will hold meetings with the enterprises domestic and abroad soon. Meanwhile, the leading office would organize meeting with central domestic enterprises in September, and conduct trainings in October. The leading office has plans to invite QBPC subject matter experts to be the speaker and lecturers.
    In the QBPC session, Mr. Yun Xuan, QBPC Legal Committee Chairman gave his speech with the title of Let the regulation be more scientific and let the protection be more effective. Mr. Yun raised questions and gave suggestions from the following aspects: Opinions on how to perfect the articles on IP crimes in criminal law, important questions in criminal procedures,  increase of damages in civil remedies, and how to solve the problem of difficulty in securing and preserving evidence by IPR holders.
    Ms. Monica Lin, coordinator of the Pharmaceutical IWG delivered a presentation on New Features & Strategy of manufacturing and selling Counterfeit Drugs. She suggested that the local FDA allow more flexibility on “investigation letter”, conduct more training on identification of fake drugs, enhance communication with relevant right-holders and complete the mechanism of joint raids among different enforcement agencies.
    On behalf of Golf IWG, Mr. Joe Nauman made an introduction of counterfeiting activities in Golf Industry and emphasized the importance of on-line anti-counterfeiting efforts. Mr.Nauman indicatedthat it’s important and beneficial if the brand owners in the same industry can work together in fighting counterfeits in China. He specifically talked about the clustering campaign that had been initiated by Shanghai PSB and coordinated by the MPS, in which the Golf IWG had assisted PSBs in Shanghai, Beijing, Fujian and Guangdong in raiding tens of targets simultaneously and seized hundreds of thousands of counterfeit golf products and arrested more than 15 counterfeiters. The Golf IWG is hoping that the Chinese law enforcement can carry out such campaigns more often in the future to fight counterfeiting activities more effectively. Mr. Nauman also introduced the Golf IWG’s experience in fighting online counterfeit sellers in the US and urged the Chinese internet platforms to set up a complaint system that is efficient and user friendly, like the Vero system of eBay.
    Mr. Ken Chen, representing the Personal Care IWG, introduced the anti-counterfeiting works by the members and gave some advices on the convergence of administrative and judicial enforcement and anti-counterfeiting efforts in their industry. 
    QBPC representatives and the speakers had an interesting and informative Q&A session,
    Jack Chang, QBPC chairman, made the closing remark. Jack mentioned the following action items:
    1)        For the 7.20 fight against the fake drugs that is of concern by QBPC members, Jack said QBPC would help members to reach out to Zhejiang PSB for details.
    2) Jack expressed his appreciation to the Investigation Supervision Department of SPP. And he pointed out that QBPC should set up a strict review mechanism for individual cases to submit to the SPP. The QBPC communication committee should do some work on this one too.
    3)  There shouldn’t be a huge different between case number in the Sharp Swords Operation and the case number transferring to the procuratorate. Otherwise, reasons should be provided.
    4)  Guangdong has always been of top concern for QBPC members, and there has been all kind of issues in terms of IP enforcement. Therefore, we hope that central government agencies could pay high attention to it, and initiate a special campaign Guangdong Action to improve the situation. A small step in IP protection in Guangdong would mean a big step forward for China.
    5) On the amendment of criminal law, the protection of trade secret should be emphasized. Otherwise, it would leave a blank if Article 219 is not revised.
    6) Counterfeit automotive airbag shall be of one of the key focus of QBPC. It is a matter of life and death for the general public in China. Moreover, counterfeit airbags made in China, if exported to other countries and causing casualties, would undoubtedly generate extremely negative media coverage that would definitely stain China’s image on the world stage. We should find out whether there is a national standard for automotive airbag. If not, shall we fight for one?
    7) QBPC is more than happy to share its experience in IP protection meetings and trainings for central enterprises that Mr. Tan mentioned.
    8) A formal report should be finalized on the pressing issues that were discussed in the meeting today and sub mitted to attending agencies later.
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