What are the results of the crackdown on infringement and counterfeiting in 2023?

CCTV Beijing, April 26 (Reporter Hu Bo) According to the economic voice of China Central Radio and Television "Global New Financial News", April 26 is the 24th World Intellectual Property Day, and the Office of the National Leading Group for the Coordination and Promotion of the Construction of a Quality Power released the "Annual Report on China's Fight against Infringement and Counterfeiting (2023)" (hereinafter referred to as the "Report"), and the Information Office of the State Council held a press conference on the afternoon of April 26 to introduce the relevant situation. What are the results of the fight against infringement and counterfeiting in 2023?

The report analyzes the international and domestic situations faced in 2023, and presents the measures and results of China's efforts to combat infringement and counterfeiting in 2023 from seven aspects: continuous optimization of top-level design, more sound laws and regulations, and continuous strengthening of administrative law enforcement.

Liu Jun, Deputy Director General of the State Administration for Market Regulation, said: "In 2023, we will strengthen policy guidance, vigorously promote the construction of a strong country in intellectual property, intensify reforms, focus on optimizing the work system to combat infringement and counterfeiting, deepen communication and cooperation, and effectively promote the coordination and linkage of departments and regions, so as to ensure the pragmatic and efficient development of intellectual property undertakings." In 2023, we will continue to improve and improve the legal and regulatory system to better meet the needs of the development of intellectual property undertakings, focusing on further strengthening administrative management, increasing the intensity of protection, and optimizing working mechanisms, so as to further strengthen the foundation of the rule of law in combating infringement and counterfeiting. ”

In terms of the efficient promotion of judicial protection and the comprehensive improvement of regulatory services, Liu Jun said: "In 2023, the judicial organs will coordinate the promotion of criminal crackdowns, procuratorial supervision, and judicial trials, and continue to maintain a high-pressure situation against intellectual property infringement crimes, and the capacity and level of comprehensive judicial protection of intellectual property rights will also continue to improve. It should be noted that in the administrative law enforcement and judicial protection section of the Report, we have added a large number of typical cases for your reference and study. In 2023, we will continue to give full play to the role of credit in empowering high-quality development, improve the level of intellectual property management, continue to promote pre-litigation mediation and overseas rights protection, expand channels for dispute resolution, continue to improve the efficiency of guidance services, and enhance the ability of the system to protect the system. Overall, governance methods are more diversified, and regulatory services are more high-quality. ”

The report pointed out that China will always adhere to the principles of openness, inclusiveness, balance and inclusiveness, and work with all countries in the world to unite and cooperate and work together to crack down on infringement and counterfeiting, so as to contribute China's strength to the recovery of the world economy and a better future.

The work of cracking down on infringement and counterfeiting and protecting intellectual property rights has always attracted attention from all walks of life. Liu Jun said that the State Administration for Market Regulation attaches great importance to the protection of intellectual property rights, and in recent years, it has continuously improved the system and mechanism, strengthened administrative law enforcement, and carried out key governance, and has achieved positive results.

"In 2023, the national market supervision and administration departments will investigate and handle a total of 44,000 cases of trademarks, patents and other intellectual property rights violations, and transfer 1,376 cases to judicial organs. In 2023, the State Administration for Market Regulation will organize and carry out a unified national destruction of infringing and counterfeit goods, and 22 provinces (autonomous regions and municipalities) will simultaneously destroy more than 4,700 tons of infringing and counterfeit goods, with a value of 830 million yuan. It carried out a special action to protect intellectual property rights in the field of sports events, carried out a special action to promote development and ensure security in the supervision and management of the online market, investigating and prosecuting 27,000 cases of online violations of laws and regulations, and carried out an 'iron fist' operation in the field of people's livelihood, investigating and handling 565,000 cases of various types, involving an amount of 2.81 billion yuan. Liu Jun said.

According to the latest data released by the Supreme People's Procuratorate, the number of prosecutions by procuratorial organs for intellectual property infringement crimes has increased in recent years. What are the current trends and characteristics of tort crimes?

Wan Yong, head of the Intellectual Property Procuratorate Office of the Supreme People's Procuratorate, said: "First, the number of criminal cases involving copyright and trade secrets has increased rapidly. Second, the geographical distribution of cases is relatively concentrated, and the proportion of joint crimes is relatively large. Economically developed areas such as the eastern coast have handled a relatively large number of cases of infringement of intellectual property rights. Third, the network and interweaving of cases are obvious, and comprehensive social management is needed. Fourth, crimes in new forms of business and new fields have increased, and criminal methods have been escalating. With the development and application of technologies such as artificial intelligence, big data, and blockchain, new ways of committing crimes have been renovated, and cases of intellectual property infringement crimes have increased in new forms and fields such as community group buying, online marketing, and live streaming. Virtual currency has become an important soil for breeding and fueling cybercrime, providing 'blood and food' for various online intellectual property infringement crimes, and also increasing the difficulty of recovering stolen goods and losses. ”

Wan Yong said that in the next step, the procuratorate will focus on strengthening the criminal justice protection of intellectual property rights from the following aspects.

Wan Yong introduced: "Adhere to the high quality and efficiency of each case, give full play to the role of investigation supervision and coordination mechanism, promote the construction of an evidence-centered criminal accusation system, strengthen the guidance of major, difficult and complex cases, pay close attention to the development of criminal forms, and punish new formats, new fields, and new types of intellectual property crimes in accordance with the law; The special action of procuratorial protection of enterprises has strengthened the crackdown on crimes infringing on the key core technologies of enterprises; done a good job in the reconciliation of procuratorial links, coordinated the promotion of civil litigation attached to intellectual property crimes, and increased the proportion of recovery of stolen goods and losses; and cooperated with relevant departments to carry out social governance, jointly build a law-based business environment, and promote the development of new quality productive forces. ”

The live streaming economy has become a new form of sales. Regarding how to respond to and solve the new challenges and new problems brought about by the new model of live streaming, Liu Jun responded in the Q&A session: "On the one hand, we give full play to the role of overall planning and coordination, continue to promote the implementation of laws and regulations such as the E-commerce Law of the People's Republic of China and the Measures for the Supervision and Administration of Online Transactions, strive to standardize the order of online business activities such as live streaming, and punish illegal acts in the field of livestreaming in accordance with the law. On the other hand, we have continued to strengthen protection and promoted the promulgation of the Regulations for the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests. In view of the characteristics and outstanding problems of live streaming, especially the problems that consumers have strong reactions to, further standardize information disclosure, platform management, and marketing behavior, clarify 'who is bringing goods' and 'whose goods', and firmly guard the bottom line of marketing. Further clarify the responsibilities of platforms, live broadcast room operators, and anchors. In the next step, it is necessary to continue to increase the intensity of crackdown and punishment in accordance with laws and regulations, consolidate platforms and business responsibilities, strive to create a clean and upright online shopping environment, and effectively protect the legitimate rights and interests of rights holders and consumers. ”

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