China News Service, August 14th. According to the website of the State Administration for Market Regulation, the Office of the National Leading Group for Combating Intellectual Property Rights and the Production and Sale of Counterfeit and Substandard Products, the State Administration for Market Regulation and other departments have jointly issued the "Regarding Strengthening the Destruction of Infringing and Counterfeit Products" Opinions" (hereinafter referred to as "Opinions"). The "Opinions" proposed that the classification and destruction mechanism for infringing and counterfeit goods should be further improved, the level of harmless disposal should be further improved, and the social deterrent effect should be further revealed.
Data map: State Administration of Market Supervision and Administration. Photo by China News Agency reporter Jia Tianyong
The "Opinions" pointed out that the destruction of infringing and counterfeit goods should adhere to the principle of legal disposal and comply with relevant laws and regulations; the principle of harmless disposal should be adhered to to prevent secondary pollution during the destruction process, and to prevent open burning, simple landfill, random stacking or Pouring into urban pipe networks; the principle of eliminating recirculation should be adhered to. The removal of illegally attached counterfeit trademarks alone is not enough to allow the goods to enter commercial channels. Except for special circumstances, the competent authority has no discretion under any circumstances to allow the import and export of counterfeit or pirated goods or enter other customs procedures.
The goal of the work is to further improve the classification and destruction mechanism of infringing and counterfeit goods, to further improve the level of harmless disposal, and to further show the social deterrent effect.
In terms of the scope of destruction, the "Opinions" clarified that administrative law enforcement and judicial case handling units at or above the county level (including county level) (hereinafter referred to as administrative law enforcement and judicial case handling units) shall, in accordance with laws and administrative regulations, deal with infringing and counterfeit goods confiscated according to law, as well as major Except for special circumstances, materials, tools, logos, labels, certificates, packaging, etc. used to produce or manufacture counterfeit or pirated goods shall be destroyed, including but not limited to the following infringing and counterfeit goods: goods with counterfeit registered trademarks, illegal The manufactured registered trademark signs and copyright-infringing copies are mainly used to manufacture counterfeit registered trademark products, registered trademark signs or infringing copies of materials and tools, molds and other tools, and other infringing and counterfeit goods that should be destroyed according to law.
The "Opinions" require that organizational leadership be strengthened. The leading groups for combating infringement and counterfeiting work in various regions shall, under the leadership of the local government, include the destruction of infringing and counterfeit goods on the agenda; strengthen overall planning and establish a system for the destruction of infringing and counterfeit goods based on the actual conditions of the region; strengthen organizational leadership and guide relevant The member units refine their work plans and improve their working mechanisms to achieve practical results. All relevant departments shall strengthen the business guidance of this system to ensure the solid and orderly progress of the destruction work. The storage, transportation, and disposal costs of infringing and counterfeit goods shall be included in the budget as required. Unless otherwise provided by laws and regulations, the relevant expenses shall not be borne by the right holder.
Deepen communication and collaboration. The leading groups for combating infringement and counterfeiting work in various regions shall establish and improve the coordination and information sharing mechanism of the environmentally sound destruction of infringing and counterfeit commodities. Eco-environmental departments in all regions should play the role of environmental supervision and guidance for harmless destruction. Administrative law enforcement and judicial case handling units should establish an information sharing mechanism with the eco-environmental departments, clarify the time, content and contact persons for mutual reporting of information, and report infringements of destruction. The name, model, specification, quantity, weight, characteristics of the counterfeit goods, as well as information on the destruction unit, time, place, method, source of funds, and the unit entrusted to undertake the destruction of infringing and counterfeit goods. The administrative law enforcement and judicial case handling units shall promote the effective connection between administrative law enforcement and criminal justice, and transfer, keep, and destroy the infringing and counterfeit goods involved in the case in accordance with the law.
Pay attention to publicity and guidance. Organize centralized destruction of infringing and counterfeit goods around festivals, peak consumption seasons and other infringement and counterfeiting prone periods, forming a powerful deterrent effect. When it is destroyed on the spot, the right holders, consumers and representatives of the news media may be invited to witness on-site. It is necessary to make full use of traditional and emerging media to publicize and report on destruction activities, and promptly respond to the concerns of rights holders and the public to create a good atmosphere for combating infringement and counterfeiting.
Strengthen supervision and assessment. Relevant higher-level departments must take effective measures to strengthen supervision and inspection of infringement and counterfeit goods management by lower-level administrative law enforcement and judicial case-handling units, the process of disposal, and the review and review after disposal. Whoever intercepts, replaces, embezzles, sells, destroys, privately divides or disguised privately divides the infringing and counterfeit goods involved in the case shall be given administrative sanctions to the directly responsible person in charge and other directly responsible persons according to law; if the circumstances constitute a serious crime, criminal responsibility shall be investigated according to law.
The Office of the National Leading Group for Combating Infringement and Counterfeiting will evaluate the destruction work in various regions, and the results of the evaluation will be included in the annual performance evaluation results of the national anti-infringement and counterfeiting activities.