General Administration of Market Supervision: Strengthen the Promotion and Use of Excellent Software

category:Finance
 General Administration of Market Supervision: Strengthen the Promotion and Use of Excellent Software


The National Key Points for Combating Infringement of Intellectual Property Rights and the Sale of Counterfeit and Low-quality Commodities in 2019 were deliberated and approved by the plenary meeting of the Leading Group of the National Working Group on Combating Infringement and Counterfeiting, and are now issued to you. Please earnestly implement them.

June 11, 2019

Key Points of National Work on Combating Intellectual Property Infringement and Fake and Low-quality Commodities in 2019

In order to combat the infringement of intellectual property rights and the sale of counterfeit and inferior commodities in the whole country in 2019, we should take Xi Jinpings socialist ideology with Chinese characteristics in the new era as the guide, fully implement the spirit of the Nineteenth Congress of the CPC and the requirements of the Second and Third Plenary Sessions of the Nineteenth Central Committee and the Central Economic Work Conference, conscientiously implement the decision-making and deployment of the CPC Central Committee and the State Council, and adhere In accordance with the principle of social co-governance, we should carry out joint crackdown on counterfeiting across departments, fields and regions, and severely crack down on infringement and counterfeiting according to law.

I. Highlighting Problem Orientation and Deepening Governance in Key Areas

(2) Strengthen market governance in rural and urban-rural areas. In view of consumer goods such as food, medicine and small household appliances, we should crack down on violations of laws and regulations, punish criminals severely and expose typical cases in a multi-pronged manner from production, circulation and consumption. (The Ministry of Public Security, the Ministry of Agriculture and Rural Areas, the Ministry of Commerce, the General Administration of Market Supervision, the Drug Administration, the Forestry and Grass Bureau, the Intellectual Property Office and the Post Office are responsible for their respective responsibilities.) Special actions to crack down on the production and sale of fake and inferior seeds, fertilizers, pesticides, agricultural films, agricultural machinery and their accessories should be carried out in a centralized manner to crack down on illegal and criminal acts. (The Ministry of Public Security, the Ministry of Agriculture and Rural Areas, the General Administration of Market Supervision, the High Inspection Court and the High Court are responsible for their respective responsibilities.)

(4) Improving the protection of intellectual property rights of foreign-funded enterprises. Efforts should be made to solve such problems as infringement of trade secrets, malicious registration of trademarks and confusion of trade marks, unfair competition, patent infringement and counterfeiting, network piracy and other infringements, and to strengthen punishment. (The Office of the National Leading Group for Fighting Infringement and Counterfeiting is in charge, and the Central Propaganda Department, the Intellectual Property Bureau, the Ministry of Public Security, the Ministry of Agriculture and Rural Affairs, the Ministry of Commerce, the General Administration of Customs, the General Administration of Market Supervision, the Forestry and Grass Bureau, the High Court and the High Inspection Court are responsible for the division of duties.)

(5) Strict management of key products. Highlighting the categories of food, automobile accessories, special equipment, semiconductors, etc., seriously investigating and dealing with quality violations, and intensifying the investigation and punishment of unauthorized products in the compulsory product certification catalogue for illegal factory exit, sale, import or other use in business activities. We will strengthen advertising supervision in key areas and seriously investigate and punish false and illegal advertisements. (The General Administration of Market Supervision takes the lead, and the relevant departments are responsible for the division of duties.) Strictly crack down on drug violations, carry out special rectification of illegal operation and use of medical devices, and ensure the safety of the peoples equipment. (The Drug Administration is responsible for) organizing sampling inspection of disinfection products under state supervision and timely reporting of illegal enterprises and substandard products. (Responsible for the State Health and Health Commission) Strictly crack down on illegal activities in the production and sale of fake and inferior lead batteries, strictly supervise vehicle fuel, seriously investigate and deal with fraudulent and sub-optimal practices in the production and sale of fake and inferior vehicle oil products, unsatisfactory vehicle urea and diesel vehicle pollution control devices, and severely crack down on unlicensed and unlicensed refineries and refueling stations. (The Office of the National Leading Group on Fighting Infringement and Counterfeiting is in the lead, and the Ministry of Public Security, the Ministry of Ecological Environment, the Ministry of Commerce and the General Administration of Market Supervision are responsible for their respective responsibilities.)

(6) Strengthen supervision over key markets. For wholesale and trade markets with serious problems and adverse effects, we should seriously investigate and punish the illegal acts of operators and strictly implement the responsibilities of market participants. (The General Administration of Market Supervision is in charge, while the Central Ministry of Propaganda, the Ministry of Public Security, the Ministry of Agriculture and Rural Areas, the Ministry of Commerce, the Ministry of Culture and Tourism are in charge according to their responsibilities.)

(7) Strict supervision of the delivery link. Strengthen the system of check-in, real-name check-in and check-in of overtime security, and urge enterprises to establish check-back mechanism of check-in responsibility. Strengthen the popularization and application of the real-name mail delivery information system, strengthen the security inspection of prohibited items, and crack down on the use of delivery channels to send infringing and counterfeit items. (Postal Office is responsible)

(9) Strengthen the protection of the exclusive right to use trademarks and the rights and interests of other commercial marks. Focusing on well-known trademarks, foreign-related trademarks and registered trademarks of old brands, we should severely crack down on infringement of trademark exclusive rights according to law and curb malicious rush to register trademarks. In the management of enterprise name registration, the protection of enterprise name right and trademark right should be strengthened. We will carry out anti-unfair competition law enforcement actions and investigate and punish unfair competition acts such as market confusion. (The General Administration of Market Supervision and Intellectual Property Office shall be responsible for the division of duties and responsibilities respectively)

(10) Strict copyright protection. Special rectification should be strengthened, and a number of major cases of infringement and piracy should be investigated and dealt with centrally. Organize and carry out the special action of Autumn Wind 2019 to crack down on illegal piracy of publications. Strengthen the supervision of the printing, reproduction and distribution industry, and carry out the management of the distribution of online publications. We will deepen early warning work on copyright protection and strengthen special protection of Spring Festival Gala and cinema lines. (Headed by the Central Propaganda Department)

(11) Strengthening the protection of geographical indications. We will improve the protection system of geographical indications, strengthen supervision over the protection of geographical indications in key areas, and seriously investigate and punish counterfeiting of geographical indications. We will promote information sharing in administrative law enforcement and establish a multi-dimensional co-governance pattern for the protection of geographical indications. (The General Administration of Market Supervision and Intellectual Property Office shall be responsible for the division of duties and responsibilities respectively)

(13) Continue to promote software genuinization. Improve the working mechanism, strengthen the management of software assets, and expand the scope of joint procurement. We will promote the authentication of software in state-owned enterprises and key industries, and carry out special actions for the authentication of industrial software. Strengthen supervision and inspection, increase accountability and exposure, and strictly investigate and punish inadequate rectification. We will consolidate the pilot results of domestic software applications and intensify efforts to promote the use of excellent software. (The Central Propaganda Department is in charge, while the Ministry of Industry and Information Technology, the Ministry of Finance, SASASAC, the General Administration of Market Supervision, the Intellectual Property Office and the State Administration are responsible for the division of responsibilities.)

(14) To improve the mechanism of harmless destruction. To guide all localities in dealing with infringed and counterfeit commodities according to law, to provide information on units with harmless destruction capabilities in the region, and to strengthen supervision over environmentally harmless destruction. (The Ministry of Ecology and Environment takes the lead in organizing the activities of infringement, piracy and destruction of illegal publications. (Responsible for the Central Propaganda Department)

(15) To investigate and deal with cases involving infringement and counterfeiting of taxes. We will strengthen the transfer of clues to cases involving infringement and counterfeiting of taxes, seriously investigate and punish related tax violations, organize special tax remedies in relevant industries and fields, and strengthen the effect of punishment. (The General Administration of Taxation and the General Administration of Market Supervision are responsible for their respective responsibilities)

(17) Strengthen criminal strikes. Improve intelligence guidance and investigation, strengthen clue research and intensive attack. Focus on the areas of peoples livelihood, foreign affairs and public safety, and organize special crackdown actions around major and malignant cases. (Responsible for the Ministry of Public Security)

(18) Fully perform procuratorial functions. Focus on handling a number of serious and bad cases of infringement and counterfeiting, strengthen the research, guidance and supervision of key cases and new cases, and strengthen legal supervision. (The High Inspection Institute is responsible for it)

(19) Deeply promote judicial reform. We will improve the judicial system and mechanism of intellectual property rights, promote the construction of intellectual property courts and intellectual property courts, and improve the intellectual property litigation system. Intellectual property trials should be strengthened, supervision and professional guidance should be strengthened, cases of infringement and counterfeiting should be tried fairly and efficiently, and repeated infringement and malicious infringement should be severely punished according to law and compensation for damages should be strengthened. (The Supreme Court is responsible)

4. Implementing the Combination of Construction and Construction to Promote the Construction of Long-term Mechanism

(20) Improve relevant laws and regulations. We will promote the formulation and revision of the Copyright Law, Patent Law, the Law on the Quality and Safety of Agricultural Products, the Regulations on the Protection of New Plant Varieties and the Regulations on the Implementation of the Law on the Protection of ConsumersRights and Interests. We will accelerate the drafting and formulation of relevant judicial interpretation policies. (The Ministry of Justice, the Central Propaganda Department, the Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Agriculture and Rural Affairs, the Ministry of Commerce, the General Administration of Customs, the General Administration of Market Supervision, the General Administration of Radio and Television, the Internet Information Office, the Forest and Grass Bureau, the Post Office, the Drug Administration, the Intellectual Property Office, the Supreme Court and the High Procuratorate are responsible for their respective responsibilities) carry out the evaluation of the legal system of combating (The Office of the National Leading Group for Fighting Infringement and Counterfeiting is in charge)

(23) Promoting the close link between administrative law enforcement and criminal justice. We will improve information sharing, case notification and case transfer systems, give full play to the role of the national information sharing system for combating infringement, counterfeiting, administrative law enforcement and criminal justice, standardize case information management, establish large data for supervision and promote law enforcement cooperation. (The Office of the National Leading Group for Fighting Infringement and Counterfeiting and the High Procuratorate are in charge, and the Central Ministry of Propaganda, the Ministry of Public Security, the Ministry of Agriculture and Rural Areas, the Ministry of Culture and Tourism, the General Administration of Customs, the General Administration of Market Supervision, the Drug Administration, the Forest and Grass Administration, the Intellectual Property Bureau and the Supreme Court are responsible for the division of duties

5. Mobilizing all forces to build a pattern of social co-governance

(27) Deepening cooperation between government and enterprises. Improve the ability of monitoring and early warning, risk prevention, product traceability, clue discovery and accurate strike. To urge enterprises to implement their main responsibilities, strengthen self-management and actively safeguard their rights. (The Office of the National Leading Group for Fighting Infringement and Counterfeiting, the Central Propaganda Department, the Ministry of Public Security, the Ministry of Agriculture and Rural Affairs, the Ministry of Commerce, the Ministry of Culture and Tourism, the General Administration of Customs, the General Administration of Market Supervision, the Bureau of Pharmaceutical Supervision, the Forest and Grass Bureau and the Intellectual Property Bureau are responsible for their respective responsibilities.)

(28) Give full play to the positive role of industry organizations. Support relevant social organizations to clarify their powers and responsibilities, autonomy according to law, rights and interests protection, credit evaluation and other work. We will promote the establishment of a data resource management system to combat infringement and counterfeiting. Third-party institutions are encouraged to participate in intellectual property protection. (The Office of the National Leading Group for Fighting Infringement and Counterfeiting is in charge)

(30) Strengthen the mechanism of assistance for safeguarding human rights. We will improve the rapid response mechanism for reporting complaints and integrate various ports for reporting complaints. We will deepen the construction of the service mechanism for safeguarding rights and establish a linkage mechanism between quick safeguarding rights for overseas exhibitions and domestic safeguarding rights and assistance. (The Ministry of Commerce, the General Administration of Market Supervision, the Intellectual Property Office and the Trade Promotion Council shall be responsible for their respective responsibilities)

Thirty-two. Deeply developing bilateral and multilateral exchanges and cooperation. We will carry out bilateral consultation, negotiation and dialogue on intellectual property issues in the economic and trade fields, carry out in-depth China-EU intellectual property cooperation projects, and promote regional comprehensive economic partnership agreements and intellectual property chapter negotiations in the FTA. The Ministry of Commerce has taken the lead in promoting cooperation in combating infringement and counterfeiting with the world trade organization, APEC, BRICs and all around the way countries and regions. (The Office of the National Leading Group on Fighting Infringement and Counterfeiting, the Central Propaganda Department, the Ministry of Commerce, the General Administration of Customs, the General Administration of Market Supervision and Intellectual Property Office are responsible for the division of duties.) We should deepen international exchanges and cooperation in judicial protection and promote international exchanges through the mechanism of industrial and commercial cooperation. (The Supreme Court, the High Procuratorate and the Council for the Promotion of Trade shall be responsible for their respective responsibilities)

(33) Strengthen cross-border law enforcement cooperation. We should play an overall and coordinated role, improve the enforcement mechanism of foreign-related intellectual property rights and strengthen cross-border law enforcement coordination. (The Office of the National Leading Group on Fighting Infringement and Counterfeiting is in charge of) Promoting international cooperation in criminal law enforcement and carrying out joint law enforcement actions. (The Ministry of Public Security is responsible for) deepening international cooperation in customs protection of intellectual property rights and deploying joint law enforcement actions. (General Administration of Customs is responsible for)

(34) Supporting enterprises to safeguard their rights overseas. Establish a platform for submitting overseas intellectual property issues and promote the formation of an overseas intellectual property rights protection assistance network. (Headed by the Ministry of Commerce), we will continue to set up intellectual property service stations for Chinese enterprises in key overseas exhibitions, improve the Anti-infringement management system for overseas exhibitions, and improve the comprehensive intellectual property service mechanism. (The Office of the National Leading Group on Fighting Infringement and Counterfeiting, the Ministry of Commerce, the Intellectual Property Office and the CCPIT shall be responsible for the division of duties and responsibilities respectively)