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.
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 combating 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 March 28, 2006)