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Speech by Wen Jiabao at the National Television and Telephone Conference on Intellectual Property Protection and Law Enforcement
Publication Date:2019-04-11     Read Count:     Font:【Big Middle Small

The main task of this national teleconference on intellectual property protection and law enforcement is to sum up the work of intellectual property protection in recent years, mobilize and deploy special actions to combat infringement of intellectual property rights and the production and sale of counterfeit goods, and promote the improvement of policies and systems, so as to improve the level of intellectual property protection. Now, I will express a few opinions.

1. Significant progress has been made in the protection of intellectual property rights in our country.

The system of intellectual property rights is a fundamental system for respecting creative labor and encouraging innovation, and it is an important part of building a country ruled by law and a society of integrity. To build an innovative country and improve the socialist market economic system, we must unswervingly strengthen the protection of intellectual property rights. With the continuous advancement of reform and opening-up, China has gradually established and improved its system of intellectual property rights. Since entering the new century, we have formulated and implemented the National Intellectual Property Strategy Plan, and the efforts to protect intellectual property rights have been continuously intensified, achieving obvious results.

First, we have continued to carry out special actions to combat intellectual property rights protection. Over the past decade, we have launched targeted actions nationwide every year to combat the infringement of patents, trademarks, and copyright, and have investigated a number of major cases, curbing mass infringement. Since last year, more than 80,000 cases of patent, trademark, and copyright violations have been detected, more than 3,000 criminal cases have been solved, and more than 5,100 suspects have been arrested.

Second, the intellectual property legal system is further improved. At present, China has formulated 4 special laws in the field of intellectual property, issued 19 administrative regulations, completed the third revision of the Patent Law, and the revision work of the Trademark Law and the Copyright Law is underway. China has fully implemented the Agreement on Trade-Related Aspects of Intellectual Property Rights, and has formed an intellectual property legal system covering various fields such as patents, trademarks, and copyright, which is coordinated with the international rules and is relatively complete. This has laid a legal foundation for the combination of law enforcement and judicial protection.

The third is to strengthen the publicity and education of intellectual property rights. The national intellectual property publicity week has been held for 7 consecutive years, focusing on the education of teenagers, scientific and technological personnel, and enterprise and institutional management personnel. In order to strengthen the construction of local intellectual property institutions and teams, intellectual property training has been carried out from provincial and ministerial leaders to front-line law enforcement personnel.

Fourth, we will promote international intellectual property cooperation. We will actively participate in intellectual property negotiations under the auspices of the WTO, the World Intellectual Property Organization and the APEC, and work to develop a balanced and orderly international intellectual property system. We have established a regular consultation mechanism on intellectual property with the United States, the European Union, Japan and other countries and regions, and strengthen intellectual property dialogue to properly respond to intellectual property frictions. We will work together to combat intellectual property crimes across national borders.

Notable progress has been made in the protection of intellectual property rights, which has stimulated the innovation vitality of the entire society, and a number of innovative enterprises have joined the ranks of world-renowned enterprises. The continuous improvement of the innovation environment has attracted more and more foreign enterprises and research institutions. At present, more than 1,400 R&D centers of multinational companies have been established in China, which has doubled since the end of the "Tenth Five-Year Plan". China is becoming one of the fastest-growing countries in global R&D investment and one of the most active in innovation activities.

The work of intellectual property protection in our country has gone through the process of hundreds of years in developed countries in just over 30 years, and the achievements are hard won. However, it must be seen that the situation of intellectual property protection is not yet in line with the requirements of deepening reform and opening up and building an innovative country. On the one hand, the phenomenon of infringement and counterfeiting in some regions and fields is more serious. There are still many international trade frictions and disputes involving intellectual property. On the other hand, the awareness of our enterprises to use intellectual property to participate in competition and safeguard their rights and interests is not strong, and they lack experience. Many trademarks, copyrights, etc. are infringed overseas. From the perspective of the work level, the legal system and management system of intellectual property protection in our country need to be improved, and the awareness of intellectual property protection in the whole society still needs to be further improved. We should not only fully affirm the achievements that have been made, strengthen our confidence, but also attach importance to and effectively solve the prominent problems that exist, and comprehensively promote the intellectual property protection work to achieve greater progress.

2. Focusing on the special action to combat infringement and counterfeit, we will push forward the protection of intellectual property rights in an all-round way.

The Fifth Plenary Session of the Seventeenth Central Committee clearly put forward that the theme of the "Twelfth Five-Year Plan" period is to take scientific development as the theme, to take accelerating the transformation of the mode of economic development as the main line, and to insist on taking scientific and technological progress and innovation as an important support for accelerating the transformation of the mode of economic development. New situations and tasks have put forward new and higher requirements for strengthening the protection of intellectual property rights.

In the current and future period, we should continue to implement the general deployment of the National Intellectual Property Strategy Outline, adhere to the policy of encouraging creation, effective utilization, legal protection and scientific management, focus on key points, strive to solve the prominent problems in intellectual property protection, and concentrate on the special action of combating infringement and counterfeiting; we should also focus on the long-term, strengthen the construction of the intellectual property system, actively create a good intellectual property legal environment, market environment and social environment, greatly improve China's intellectual property creation, utilization, protection and management capabilities, and provide a strong support for building an innovative country and a comprehensive well-off society.

The State Council has decided that, from October this year to March next year, a special campaign to combat infringement of intellectual property rights and the production and sale of counterfeit goods will be launched nationwide for a period of half a year. This special campaign is of great significance for the treatment of the more serious problems of infringement and counterfeiting in some localities and fields at present, for further strengthening the protection of intellectual property rights, for maintaining a fair and orderly market environment, for enhancing the competitiveness of enterprises and the enthusiasm for innovation, and for maintaining China's good international image. Through this special campaign, a number of major cases of infringement, counterfeiting, and piracy should be investigated and dealt with seriously, a number of illegal enterprises should be exposed, and the market environment should be purified; guide enterprises and individuals to operate in good faith and to abide by the law, and promote the whole society to enhance the awareness of intellectual property rights; pay attention to discovering some deep-seated problems in the special campaign, study and solve them carefully, and promote the improvement of the system and mechanism for the protection of intellectual property rights. In this connection, the State Council has made a comprehensive deployment. Here, I would like to emphasize the following points:

(1) Highlight key points and ensure practical results. The key content of this special action is the protection of copyright, trademark rights, as well as patent rights and plant variety rights. The key areas are the news出版 industry, cultural entertainment industry, high-tech industry and agriculture. The key regions are the places where product manufacturing is concentrated, the places where commodities gather and disperse, and the places where cases of infringement of intellectual property rights and the production and sale of counterfeit goods occur frequently. The key products are books, audio-visual products, software, bulk export commodities, car parts, mobile phones, pharmaceuticals, seeds, etc. Departments and regions should strengthen law enforcement cooperation, improve the efficiency of law enforcement, increase the strength of law enforcement, focus on the prominent problems in their respective fields, curb large-scale infringement of intellectual property rights, and improve the level of protecting intellectual property rights and regulating market order.

(II) Strengthen supervision and law enforcement to achieve governance throughout the entire process. Firstly, intensify governance at the source of production, which is the most important part of the special action. It is necessary to strengthen the supervision of enterprises, crack down on various acts of infringement and illegal activities, and severely investigate illegal printing, copying of various publications, printed materials, optical discs, computer software and packaging, trademarks and labels, etc. Strengthen the supervision of product quality, strictly review the qualifications of production enterprises, and resolutely ban unlicensed production. Strengthen the authenticity identification of agricultural product seeds and varieties, and focus on cracking down on unlicensed and "假冒" production, sales, etc. Secondly, strengthen market supervision to prevent infringing and counterfeit goods from entering the circulation field and ultimately flowing to consumers. Severe punishment for acts that infringe on the exclusive rights of registered trademarks and geographical indication trademarks. Strengthen market patrols and severely crack down on piracy and patent infringement, counterfeiting. Intensify the fight against the sale of counterfeit goods. Strengthen the protection of intellectual property rights in the field of the Internet, and severely crack down on Internet infringement and piracy, and the infringement of counterfeit goods sold through the Internet, communication networks, and television networks. Strengthen the protection of intellectual property rights in the import and export links, and increase the punishment for acts that infringe on intellectual property rights.

(3) Intensify the criminal judicial fight to form a high-pressure situation for cracking down on intellectual property rights infringement. This is of vital importance for effectively punishing intellectual property rights infringement crimes, deterring criminals, and safeguarding the legitimate rights and interests of related rights holders. This must be a firm approach. Criminal investigations and cases related to intellectual property rights infringement and the production and sale of counterfeit goods and related commercial bribery crimes should be promptly initiated and investigated, focusing on investigating a number of intellectual property rights cases with serious circumstances and bad influence. Strengthen the effective connection between administrative law enforcement and criminal justice, and resolutely pursue the criminal responsibility of criminals who infringe on intellectual property rights. For the acts of administrative law enforcement agencies that do not transfer cases, replace criminal punishment with fines, and commit crimes of official misconduct, the supervisory departments at all levels should investigate and deal with them seriously. Government departments should take the initiative to support and cooperate with the people's procuratorates in performing their duties, and support and cooperate with the courts in doing a good job in the trial of cases involving intellectual property rights infringement and the production and sale of counterfeit goods.

(iv) Persist in combining punishment with positive action, and actively create a good environment for the protection of intellectual property rights. The protection of intellectual property rights is not only the responsibility of the government, but also requires the joint efforts and positive actions of all market entities and the entire society. In this special operation, we should not only expose a number of enterprises and individuals that violate the law, but also establish a number of advanced models in the creation, use and protection of intellectual property rights, and promote the right atmosphere. It is necessary to carry out extensive popularization education on intellectual property rights, and through multi-channel and multi-way publicity, continuously improve the public's awareness of intellectual property rights, and form a social atmosphere that advocates innovation and honesty and abides by the law. It is necessary to focus on cultivating the ability of various market entities to protect intellectual property rights, and guide them not to infringe on the intellectual property rights of others, but also to be good at protecting their own intellectual property rights. Here, I would like to emphasize one point in particular. State organs and their staff should set an example in protecting intellectual property rights. The special operation plan proposes that state organs should use genuine software throughout, and the computers purchased for office use must meet the requirements of pre-installed genuine operating system software. Updates to computer software must use genuine products, and the funds for the purchase of genuine software must be included in the government budget and state asset management. It is necessary to implement supervisory responsibilities, carry out special inspections, and do a good job in this work.

(5) Accelerate the improvement of the legal system, policies, and mechanisms for intellectual property protection, and form a long-term mechanism. Special law enforcement actions should be closely integrated with long-term institutional and cultural construction, so that the problem does not rebound after the strike, and the protection of intellectual property rights and market order are continuously improved. First, we need to strengthen the construction of the legal system for intellectual property protection. We should actively promote relevant legislative work, timely amend the Trademark Law, Copyright Law, and other intellectual property special laws and their implementing regulations, and establish and improve the intellectual property system and laws on the Internet. We should give full play to the important role of judicial protection of intellectual property rights, increase the punishment for infringement, improve the procedures for intellectual property rights confirmation and infringement litigation, simplify the procedures for relief, improve the efficiency of trials, and reduce the cost of safeguarding rights. We should increase civil compensation and judgment enforcement, increase the cost of infringement, and make the infringer unprofitable and suffer losses. We should strengthen law enforcement inspections, combine special actions with daily law enforcement, adhere to the continuity of law enforcement work, and not engage in "a windstorm". Second, we need to improve the policy system for intellectual property protection. Strengthen the intellectual property review and management in the procurement process, and insist on preventing infringing and counterfeit goods from entering the procurement channels. We should increase the construction of the intellectual property rights protection assistance platform, improve the intellectual property reporting and complaint acceptance mechanism, and establish a reward system for reporting and complaints. Establish and improve the intellectual property early warning and emergency response mechanism, and improve the ability of enterprises to prevent and resolve intellectual property disputes. Third, we need to explore and establish a more effective intellectual property administrative management model, establish and improve the working mechanism, enhance the transparency of work, and give full play to the role of social supervision and public opinion supervision. We should strengthen the construction of the intellectual property protection team, and continuously improve the professional quality and service ability of the staff. Fourth, we need to continue to strengthen the exchange and cooperation of intellectual property abroad. Strengthen the publicity work, timely disclose the major cases and handling results that are focused on at home and abroad, show the firm determination of the Chinese government to severely crack down on the infringement of intellectual property rights, and make the international community objectively, justly, and comprehensively understand the positive achievements of China's intellectual property protection work, and eliminate the doubts of foreign investors about the investment environment and even the opening-up policy of China. At the same time, we should establish and improve the early warning and emergency response mechanism, overseas rights protection and dispute resolution mechanism in view of the intellectual property protection problems encountered by Chinese enterprises in foreign trade and investment.

Finally, let me emphasize the issue of strengthening leadership. The protection of intellectual property rights is an important task in China's economic and social development. This special operation is time-consuming and has a heavy task. All regions and departments should place this work in a prominent position, formulate implementation plans as soon as possible under the unified deployment of the National Special Action Leading Group for the Suppression of Infringement of Intellectual Property Rights and the Sale of Fake and inferior Goods, implement the division of responsibilities, and the main responsible comrades should take the lead. All regions and departments should enhance the sense of the overall situation, overcome various forms of protectionism, and investigate and deal with enterprises that infringe the law in this region and field, and never be soft. Establish and improve the supervision and assessment system for intellectual property protection work, strengthen guidance and supervision and inspection, and investigate the reasons for the lack of investigation and handling of infringement, and supervise and urge, and even pursue the responsibility of the competent authorities and local governments. The work of intellectual property protection covers a wide range of areas and involves many departments. Relevant departments should perform their duties and cooperate closely. Those who have conditions can carry out joint law enforcement and establish and improve the communication and coordination mechanism for major cases. For new situations and new problems arising in the work of intellectual property protection, we should study them in depth and pay attention to solving problems from the policy, system and mechanism.

The implementation of the strategy of rejuvenating the country through science and education and the strategy of strengthening the country through talents, and the accelerated development of an innovative country, have put forward new and higher requirements for strengthening the protection of intellectual property rights. Under the strong leadership of the Party Central Committee with Comrade Hu Jintao as its General Secretary, and in accordance with the unified deployment of the Central Government, we will make progress, work hard, and strive to improve the work of intellectual property protection in China to a new level, and make greater contribution to promoting scientific development.

For related questions, please consult Huaxu Zhengxin Intellectual Property: Phone 010-67089491, WeChat official account: huaip1, or email:info@huaip.com.



 
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