Piracy victims in China have long been complaining that punishments are not
severe enough. Instances of intellectual property right (IPR) violators
receiving sentences from courts used to be rare.
It is not a problem of China's laws, which stipulate that counterfeiters can
be sentenced to up to seven years in prison, according to a judicial
interpretation issued by the Supreme People's Court in 2004.
Rather, as many agree, it is a problem of enforcement.
Now relevant government departments are acting to tighten enforcement, by
smoothing the channel that transfers suspected criminal cases in a timely manner
to public security organs.
Zhu Xiaoqing, deputy
procurator-general of the Supreme People's Procuratorate.
[Xinhua] |
Yesterday at a press conference,
senior officials from the Supreme People's Procuratorate and four government
offices in charge of enforcing IPR laws explained in detail some new measures
aimed at connecting administrative and judicial measures.
Aside from timely transfer of suspected criminal cases, the measures also
include co-operation and restraint between administrative enforcement, public
security and judicial organs, which are stipulated to have different
responsibilities to perform.
People's procuratorate and supervision organs shall supervise the transferred
cases in accordance with law, and all government organs in charge of IPR cases
are subject to public scrutiny.
In the case of IPR laws, causes of ineffective enforcement are complicated,
ranging from ever-developing pirating technology and people's inadequate
awareness of IPR to nonchalance on the part of some local officials towards the
issue.
Many of the causes cannot be eradicated overnight. The country has already
mapped out its holistic strategy for combatting IPR infringement. But everybody
agrees it will be a long-term struggle.
However, by establishing a closer connection between administrative and
judicial organs, China is addressing a key aspect of the problem.
These measures will certainly deter violators.
With the new measures, IPR owners can expect more effective assistance from
law enforcers and judicial organs.
China's intention to fight IPR violation is genuine. It not only has a
bearing on China's image in the world, but is also related to an intrinsic need
for fostering an innovation-oriented society, which forms a key part for China's
development strategy.
Chinese policy-makers and entrepreneurs are well aware that lax IPR
enforcement will discourage any creative and innovative efforts.
China's courts are becoming more assertive and play an increasingly important
role in protecting IPR owners, both domestic and foreign.
China's trade partners should appreciate all of these positive
development in China and work more closely with the country in a constructive
way.
(China Daily 03/28/2006 page4)
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