Circular of the general office of the State Council on printing and distributing the key points of 2016 national crackdown on infringement of intellectual property rights and production and sale of fake and inferior commodities

Source: People's governments of all provinces, autonomous regions and municipalities directly under the central government (GBF [2016] No 25) on May 5, 2016, ministries and commissions under the State Council, and organizations directly under the State Council: 2016 national key points for combating intellectual property infringement and manufacturing and selling counterfeit and shoddy goods have been approved by the State Council and are hereby printed and distributed to you Please implement them carefully General Office of the State Council April 19, 2016 (this document is released publicly) key points of work in 2016 to crack down on intellectual property infringement and the production and sale of fake and shoddy goods Two thousand and sixteen To crack down on the work of infringing intellectual property rights and manufacturing and selling fake and shoddy goods, we should conscientiously implement the spirit of the 18th National Congress of the Communist Party of China and the second, third, fourth and fifth plenary sessions of the 18th Central Committee of the Communist Party of China, implement the relevant work plan of the State Council, and, in combination with promoting supply side structural reform, severely punish the infringement and counterfeiting crimes that affect innovation and development, hinder fair competition and infringe the legitimate rights and interests of consumers according to law To provide a strong guarantee for the sustainable and healthy development of the economy and society 1 Strengthen governance in key areas (1) strengthen governance of infringement and counterfeiting in the Internet Crack down on the sale of fake and inferior goods on the Internet We will highlight key commodities such as food and drugs, agricultural materials, household appliances, building materials, auto parts and children's supplies, organize and carry out centralized rectification of online transactions, and strengthen supervision and law enforcement Strengthen the directional monitoring of online trading commodities, strengthen the cooperation of e-commerce product quality law enforcement, cracking down on counterfeits and safeguarding rights, and explore the establishment of cross-border e-commerce infringement and counterfeiting commodity traceability mechanism We will crack down on the illegal delivery of import and export infringing and counterfeit goods through mail and express channels (the Ministry of industry and information technology, the Ministry of public security, the Ministry of agriculture, the General Administration of customs, the General Administration of industry and commerce, the General Administration of quality supervision, inspection and quarantine, the General Administration of food and drug administration, the Internet information office and the post office are respectively responsible for cracking down on online piracy according to their respective responsibilities) Carry out 2016 red shield net sword special action Aiming at the key fields of network (mobile phone) literature, music, film and television, games, animation, software, etc., the 12th "sword net action" against network infringement and piracy was launched We will further expand the scope of copyright supervision and explore an effective governance model for new types of online piracy Continue to organize and carry out "lightning" special actions for patent enforcement and rights protection in the field of e-commerce, and establish a cooperative scheduling mechanism for patent enforcement and rights protection in the field of e-commerce Strengthen the application of cultural market technology supervision and service platform, focus on online (mobile) games, music, animation, and organize the investigation and punishment of illegal Internet cultural products and business units (the Ministry of industry and information technology, the Ministry of public security, the Ministry of culture, the State Administration for Industry and commerce, the State Administration of press, publication, radio and television, the intellectual property office and the Internet Information Office are responsible for their respective responsibilities) strengthen the supervision of websites Strengthen website filing, internet protocol address (IP address) and domain name management Supervise and guide the website to strictly review the content, develop and apply technical measures, increase the input of manual verification, unblock the reporting and complaint channels, improve the supervision and handling mechanism, and enhance the self-discipline management ability Strengthen the supervision of online trading platform, strengthen the cooperation with large-scale e-commerce platform, use big data analysis technology, timely discover and grasp the clues of illegal crime, strengthen early warning monitoring and risk prevention in advance, and enhance the ability of precision strike (the Ministry of industry and information technology, the Ministry of public security, the Ministry of agriculture, the Ministry of Commerce, the Ministry of culture, the General Administration of customs, the General Administration of industry and commerce, the General Administration of quality inspection, press, publication, radio, film and television, the General Administration of food and drug administration, the forestry bureau, the Intellectual Property Office, the Internet information office and the post office are respectively responsible for their respective responsibilities) (II) strengthen market supervision and law enforcement in rural and urban-rural areas Strengthen the whole chain supervision, focus on the important festivals, spring ploughing, summer planting and other important periods, aiming at the infringing and counterfeit goods prone to frequent occurrence in the rural market, vigorously rectify them from three aspects of production source, circulation channel and consumption terminal, strengthen market supervision and inspection, crack down on illegal crimes and maintain the order of the rural market (the Ministry of public security, the Ministry of agriculture, the Ministry of Commerce, the General Administration of industry and commerce, the General Administration of quality supervision, inspection and quarantine, the General Administration of food and drug administration, the forestry bureau, the Intellectual Property Office, and the post office are respectively responsible for their respective responsibilities) to deploy and carry out centralized rectification activities such as cracking down on agricultural materials, protecting agriculture with red shield, and cracking down on agricultural materials to the countryside We will carry out special treatment of commonly used inputs of fruits, vegetables, tea and Chinese herbal medicines, and investigate and punish illegal sales and use of highly toxic and banned pesticides We will strengthen the random inspection of products of agricultural production and operation enterprises, focus on the quality of seeds and seedlings, the authenticity of varieties, the content of effective ingredients in fertilizers, pesticides, veterinary drugs and feeds, and whether illegal ingredients are added, and seriously investigate and punish false propaganda Special treatment shall be carried out in areas with more problems found in spot check, more media exposure and more reports and complaints We will strengthen the governance and rectification of illegal business practices of tourists and vendors (under the leadership of the Ministry of agriculture, the Ministry of industry and information technology, the Ministry of public security, the General Administration of industry and commerce, the General Administration of quality supervision, inspection and quarantine, the forestry bureau and the high inspection institute are respectively responsible according to their respective responsibilities) special actions for administrative law enforcement of forest seedlings were carried out The quality supervision and spot check of forest seed and seedling shall be carried out in key areas, and the quality of seed and seedling used for afforestation and the implementation of permit, label, file and other systems shall be mainly inspected (in the charge of the forestry bureau) (3) continue to carry out the "clean wind" action to maintain the overseas image of made in China Focus on Latin American countries and regions, highlight the import and export, key professional markets, cross-border e-commerce and other key links, as well as the export of large-scale, personal health and safety related electronic and electrical products, cosmetics, textiles, daily necessities, drugs and other key commodities, strengthen the law enforcement cooperation of departments, and crack down on cross-border manufacturing and sales of infringing and counterfeit goods We will strengthen the supervision of key product manufacturers, specialized markets and distribution centers for the export of goods from emerging markets, strengthen the protection of intellectual property rights in foreign-related exhibitions, trade fairs and other activities, and increase the frequency of inspection of goods from key export areas We will give full play to the functions of overseas business institutions, strengthen external communication and coordination, and provide services and education to overseas Chinese enterprises and merchants (the Ministry of industry and information technology, the Ministry of public security, the Ministry of agriculture, the Ministry of Commerce, the General Administration of customs, the General Administration of industry and commerce, the General Administration of quality supervision, inspection and quarantine, the General Administration of food and drug administration, the Intellectual Property Office, the Internet Information Office, the post office and the China Council for the promotion of international trade are respectively responsible for their respective responsibilities) (IV) further promoting the software legalization We will study and formulate specific measures to standardize the purchase of computer software and hardware, and prevent pirated software from flowing into government agencies at the source Formulate the management guide for the use of genuine software, and promote the standardization of software use management We will consolidate the results of the government's efforts to legalize software, and speed up the process of enterprise software legalization Promote the use of excellent software products Establish a regular random inspection system, explore the use of third-party professional resources and technical means to carry out supervision, strengthen supervision and inspection, and strictly investigate the responsibility (under the leadership of the State Administration of press, publication, radio, film and television, the Ministry of industry and information technology, the Ministry of finance, the state owned assets supervision and Administration Commission, the intellectual property office and the State Administration are respectively responsible for the division of responsibilities) we will promote the level-4 and level-5 enterprises under the central enterprises to make genuine software, and make interviews with slow-moving enterprises Supervise and urge the central enterprises to establish software asset management system, and standardize the purchase, registration, installation and upgrading of software assets To carry out supervision and inspection on the work of software genuine in central enterprises (the SASAC is responsible for) increase the inspection and management of pre installed genuine operating system software on newly manufactured computers, and bring tablet computers, smart phones, etc into the regulatory scope (in the charge of the Ministry of industry and information technology) 2 Strengthen the daily supervision of the industry (5) strengthen the supervision of drugs and medical devices We will seriously investigate and deal with cases involving the manufacture and sale of fake and substandard drugs by pharmaceutical production and trading enterprises, and crack down on illegal acts such as unauthorized changes in production technology and illegal addition Strengthen the supervision and inspection of clinical trials in the process of drug research and development, and seriously investigate and deal with the falsification of clinical trial data We will strengthen supervision and supervision over the investigation and handling of illegal cases involving drugs, cosmetics, medical devices and health food across provinces (the food and drug administration is responsible for) (6) strengthening the supervision of vehicle fuel oil Supervise and guide oil refining and chemical enterprises to produce and process vehicle fuel oil in strict accordance with the standards, strengthen factory inspection, and promote oil quality upgrading We will seriously investigate and deal with the illegal activities of oil refining and chemical enterprises in the production and sale of motor fuel that does not meet the national standards without production license Strictly manage the qualification of wholesale and retail of refined oil products We will standardize the sale of refined oil, especially ordinary diesel oil, and focus on gas stations in cities above the county level and on both sides of trunk roads, and seriously investigate and punish illegal acts such as the sale of fake and inferior oil products (the development and Reform Commission, the Ministry of environmental protection, the Ministry of Commerce, the SASAC, the State Administration of Taxation, the State Administration for Industry and commerce, and the General Administration of quality supervision and inspection are responsible for their respective responsibilities) (VII) strengthen the supervision of key commodities Focus on building materials, auto parts, etc., and continue to carry out the "quality inspection sword" action Focus on the areas with outstanding quality problems, and further promote centralized rectification Focus on household appliances, clothing and washing products industry, and promote enterprises to carry out product quality commitment We will seriously investigate and deal with illegal acts of selling products with compulsory certification without certification For the imported food included in the registration management, we will increase efforts to investigate and deal with illegal acts such as unlicensed sales (the AQSIQ is responsible for) carry out the action of Hongdun to protect the quality and rights, increase the market inspection and quality sampling of key commodities such as children's articles, decoration materials, and strengthen the supervision of commodity quality in the circulation field We will seriously investigate and punish false and illegal advertisements that deceive and mislead consumers (in the charge of the State Administration of industry and Commerce) focusing on masks and air purifiers, we carried out supervision, spot check and special rectification of haze prevention commodities (the General Administration of industry and Commerce and the General Administration of quality supervision, inspection and quarantine are respectively responsible for the division of responsibilities) explore the establishment of information platform for the supervision of disinfection products, increase the intensity of sampling inspection, and strengthen the supervision of production and use (the health and Family Planning Commission shall be responsible for) (8) investigating and punishing the infringement of intellectual property rights Standardize the market order of trademark agency, promote the convenience of trademark registration and review, and seriously investigate and deal with malicious acts of rush to register trademarks Strengthen the administrative protection of trade secrets (the General Administration of industry and commerce is responsible for) carrying out special governance actions for colleges and universities and their surrounding copy shops in key cities We will carry out special inspections on printing, reproduction and distribution, and strengthen supervision over online sales and dissemination of publications (in the charge of the State Administration of press, publication, radio, film and television) continued to carry out the special action of "escort" for the enforcement and protection of intellectual property rights (the Intellectual Property Office shall be responsible for) seriously investigating and Punishing Violations of intellectual property rights such as new plant varieties, geographical indications, integrated circuit layout design, etc (the Ministry of agriculture, the State Administration for Industry and commerce, the State Administration of quality supervision, inspection and quarantine, the State Administration of forestry and the State Administration of intellectual property shall be respectively responsible for their respective responsibilities) investigate and deal with such illegal acts as abuse of intellectual property rights, exclusion and restriction of competition according to law (the development and Reform Commission, the Ministry of Commerce and the State Administration for Industry and Commerce shall be responsible for their respective responsibilities) organize unannounced visits and spot checks to the cultural market, intensify the inspection and standardize the market order (the Ministry of culture is responsible for) strengthening the daily tax collection and management of enterprises, and seriously investigating and punishing the illegal acts of infringement and counterfeiting (in the charge of the State Administration of Taxation) 3 Strengthening the construction of laws and regulations; 9 Studying and formulating Guiding Opinions on combating infringement and counterfeiting during the 13th Five Year Plan period We should pay more attention to the combination of development and construction