China IP Criminal Protection

GAO FengECID, Ministry of Public Security of the People’s Republic of China

Cancun，Mexico 2009-12-01

the 5th Global Congress on Combating Counterfeiting and Piracy

I. Economic Crisis and IPR Protection

In June 2008, Chinese government published the Outline of the National Intellectual Property Strategy.

Promise: By 2020, China will become a country with a comparatively high level in terms of the creation, utilization, protection and administration of IPRs.

II. Our Strategies

1. Rigorously crack down IPR crimes and safeguard IP owners’ Interests

Precise combat and all-around combat From January 2008 to September 2009, public security agencies

throughout the country altogether dealt with 3387 criminal cases of infringement of IP crime, and brought 4520 infringers into justice,

involving a total value of 2.35 billion RMB yuan.

2. Put emphasis on Web related IPR infringement crimes.

Nowadays website has become the hotbed and the main platform for transnational IP violations.

Launched five nationwide campaigns to combat web-related piracy crimes.

3. Reinforce coordination with other administrative enforcement bodies and prefect the long-term mechanism.

MPS has established working mechanisms with several administrative enforcement authorities, including SAIC, SCB, GAC, SIPO and etc.

From 2006 to 2008, administrative enforcement bodies have handed over 1944 IPR infringement cases.

III. Our experiences on Cooperation

1. The improvement of Criminal IP protection level needs the simultaneous implementation and push forward of National Intellectual Property Strategy.

Since 2009, Chinese government has issued the implementation of the Outline of National IPR strategy and listed 240 strategic actions. Until now, 212 tasks have been completed.

2. Combating of International IP crimes needs the extensive cooperation and joint enforcement of global society.

IPR infringement crime is a global issue. We have a lot of experiences on successful transnational

enforcement cooperation.

3. Criminal IP protection needs effective communication with the enterprises.

The concern of IP owners is crucial to the strengthening of IPR protection.

Provide constructive suggestions and assistance of self-protection

IV. Our Suggestions：

1.Work out cooperation guidelines and fight against challenges together.

The global society should work hand by hand to fight against the menace of counterfeiting and piracy by working out scientific cooperation guidelines and measures together.

2.Carry out joint investigation and increase combat efficiency

Effective and efficient information exchange among law enforcement departments, especially in sharing crime clues, exchanging information, updating of crime situation, characteristic, features and development trend, and sharing early warning information and related clues.

3.Work out new patterns of enforcement cooperation while show respect to each other’s sovereign right.

Carry out substantive law enforcement cooperation, especially in the process of case investigation, criminal arrestment and repatriation of proceeds of crime

Carry out all-around cooperation on big cases, conduct joint investigation

carry out more training and exchange programs.

We would and definitely will win

this battle against Counterfeiting and piracy.