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| otice of the General Office of the State Council on Issuing Key Points of the Work of Nationwide Crackdown on Infringement of Intellectual Property Rights and Production and Marketing of Fake and Shoddy Goods in 2015 | | 国务院办公厅关于印发2015年全国打击侵犯知识产权和制售假冒伪劣商品工作要点的通知 |
| (No. 17 [2015] Issued by the General Office the State Council) | | （国办发〔2015〕17号） |
| The People's Governments of all provinces, autonomous regions and municipalities directly under the Central Government; the ministries and commissions under the State Council; and the institutions directly affiliated to the State Council: | | 各省、自治区、直辖市人民政府，国务院各部委、各直属机构： |
| The Key Points of the Work of Nationwide Crackdown on Infringement of Intellectual Property Rights and Production and Marketing of Fake and Shoddy Goods in 2015 has been approved by the State Council, and is hereby issued to you. Please implement it in earnest. | | 《2015年全国打击侵犯知识产权和制售假冒伪劣商品工作要点》已经国务院同意，现印发给你们，请认真贯彻执行。 |
| General Office of the State Council | | 国务院办公厅 |
| March 25, 2015 | | 2015年3月25日 |
| Key Points of the Work of Nationwide Crackdown on Infringement of Intellectual Property Rights and Production and Marketing of Fake and Shoddy Goods in 2015 | | 2015年全国打击侵犯知识产权和制售假冒伪劣商品工作要点 |
| In 2015, the spirit of the 18th National Congress of the Communist Party of China (CPC) and the 2nd, 3rd and 4th Plenary Sessions of the 18th Central Committee of the CPC and the relevant work plans of the State Council shall be implemented in the work of nationwide crackdown on infringement of intellectual property rights and production and marketing of fake and shoddy goods, with in-depth promotion of the development of legislation and systems, with strengthening of regulation and centralized rectification and control of markets, with perfection of mechanisms for coordination between administration law enforcement and criminal justice, and with extensive launch of publicity and education, to develop a situation of joint control by society, and to develop a market environment of fair competition and worry-free consumption. | | 2015年，全国打击侵犯知识产权和制售假冒伪劣商品工作要贯彻党的十八大和十八届二中、三中、四中全会精神，落实国务院有关工作部署，深入推进法规和制度建设，依法加强市场监管和集中整治，健全行政执法与刑事司法衔接机制，广泛开展宣传教育，构建社会共治格局，营造公平竞争、放心消费的市场环境。 |
| I. Improvement of laws and regulations, and perfection of systems and rules | | 一、完善法律法规，健全规章制度 |
| 1. Strengthening of top-level design of legislation: The relevant laws and regulations on crackdown on infringement of intellectual property rights and production and marketing of fake and shoddy goods shall be systematically checked, and the new situation, new issues and new trends of law violation and crimes shall be analyzed in an in-depth way, with timely making of legislative proposals, with promotion of enactment of relevant judicial interpretations, and with improvement of support systems, to make laws and regulations more pertinent and more effective. (The various member units of the National Leadership Group for the Work of Cracking Down on Rights Infringement and Counterfeiting shall take charge thereof separately in accordance with their division of duty.) | | （一）加强立法顶层设计。系统梳理打击侵权假冒相关法律法规，深入分析违法犯罪行为新情况、新问题、新趋势，适时提出立法建议，推动出台相关司法解释，完善配套制度，增强法律法规的针对性、有效性。（全国打击侵权假冒工作领导小组各成员单位按职责分工分别负责） |
| 2. Formulation and revision of laws and regulations: Cooperation shall be extended for formulating the law on e-commerce. (The National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Finance, the Ministry of Commerce, the People's Bank of China, the General Administration of Customs, the State Administration of Taxation, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, the Legislative Affairs Office of the State Council, the Office of the Central Leading Group for Cyberspace Affairs and the State Post Bureau shall take charge thereof separately in accordance with their division of duty.) Revision of the Law on Copyrights and the Regulation on Patent Agency shall be promoted. (The Legislative Affairs Office of the State Council shall exercise leadership thereof, and the State Administration of Press, Publication, Radio, Film and Television, and the State Intellectual Property Office shall take charge thereof separately in accordance with their division of duty.) The Patent Law, the Drug Administration Law and the Regulation on Customs Protection of Intellectual Property Rights shall be revised on the basis of research. (The State Intellectual Property Office, China Food and Drug Administration, and the General Administration of Customs shall take charge thereof separately in accordance with their division of duty.) Cooperation shall be extended for revising the Seed Law. (The Legislative Affairs Office of the State Council, the Ministry of Agriculture and the State Forestry Bureau shall take charge thereof separately in accordance with their division of duty.) The Measures for Investigating, Punishing and Outlawing Unlicensed Business Operation and the Regulation on Supervision Over Cosmetic Hygiene shall be revised. Relevant investigation and research shall be launched to promote improvement of legal provisions for protecting business secrets. (The State Administration for Industry and Commerce, and China Food and Drug Administration shall take charge thereof separately in accordance with their division of duty.) | | （二）制订修订法律法规。配合制订电子商务法。（发展改革委、工业和信息化部、财政部、商务部、人民银行、海关总署、税务总局、工商总局、质检总局、法制办、网信办、邮政局按职责分工分别负责）推进修订著作权法、专利代理条例。（法制办牵头负责，新闻出版广电总局、知识产权局按职责分工分别负责）研究修订专利法、药品管理法、知识产权海关保护条例。（知识产权局、食品药品监管总局、海关总署按职责分工分别负责）配合修订种子法。（法制办、农业部、林业局按职责分工分别负责）修订无照经营查处取缔办法、化妆品卫生监督条例。开展相关调研，推动完善商业秘密保护的法律规定。（工商总局、食品药品监管总局按职责分工分别负责） |
| 3. Improvement of departmental regulations and rules: Such departmental rules as the measures for recordation for customs protection of intellectual property rights, the provisions for punishing acts of rights infringement and law violation in import and export, the measures for regulation over the quality of commodities in the field of distribution, the guide to return of goods without any reason in seven days to e-commerce enterprises, the measures for regulation over markets of agricultural production means, etc shall be formulated or revised. (The General Administration of Customs and the State Administration for Industry and Commerce shall take charge thereof separately in accordance with their division of duty.) | | （三）完善部门规章制度。制修订知识产权海关保护备案办法、进出口侵权违法行为处罚规定、流通领域商品质量监管办法、电子商务企业七日无理由退货指引、农资市场监管办法等部门规章。（海关总署、工商总局按职责分工分别负责） |
| 4. Strengthening of the construction of systems of standards: The requirements for the safety of passenger vehicles, the technical regulations on the safety of textile products for babies, infants and children, the standards for products of air purifiers, etc shall be enacted. (The General Administration of Quality Supervision, Inspection and Quarantine shall exercise leadership and take charge thereof.) The guide to test of new varieties of forestry plants shall be formulated. (The State Forestry Bureau shall take charge thereof.) The carding, summarization, appraisal and acceptance of achievements in the project of “research on methods for inspection and appraisal of the relevant products with respect to crackdown on rights infringement and counterfeiting” shall be well done, to provide technical support for law enforcement. (The General Administration of Quality Supervision, Inspection and Quarantine shall exercise leadership and take charge thereof.) | | （四）加强标准体系建设。出台客车安全要求、婴幼儿及儿童纺织产品安全技术规范、空气净化器等产品标准。（质检总局负责）制订林业植物新品种测试指南。（林业局负责）做好“打击侵权假冒相关产品检验鉴定方法研究”项目成果梳理、总结和验收，为执法提供技术支撑。（质检总局牵头负责） |
| II. Strengthening of Regulatory Law Enforcement in Accordance With Focal Issues of Society | | 二、围绕社会热点，加强监管执法 |
| 5. Extension of the exclusive operation in the field of the Internet by one year: The exclusive operation to crack down on rights infringement and counterfeiting in the field of the Internet shall be extended to the end of 2015. Regulatory systems shall be made complete. Control of the sources of production and processing shall be deepened. Regulation and online monitoring of key websites, particularly online transaction platforms, shall be strengthened. Law enforcement and regulation with respect to cross-border e-commerce shall be made strict. Cooperation between the government and enterprises and industrial organizations shall be strengthened. The non-delegable and independent duty of enterprises shall be assigned. (The Office of the National Leadership Group for the Work of Cracking Down on Rights Infringement and Counterfeiting, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Agriculture, the Ministry of Culture, the General Administration of Customs, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, the State Administration of Press, Publication, Radio, Film and Television, China Food and Drug Administration, the State Intellectual Property Office, the Office of the Central Leading Group for Cyberspace Affairs, and the State Post Bureau shall take charge thereof separately in accordance with their division of duty.) Territorial administration of domain names, fine management of IP addresses and recordation of websites for administration shall be strengthened, and the Internet real-name system shall be promoted. (The Ministry of Industry and Information Technology shall exercise leadership and take charge thereof.) The 2015 Red Shield and Net Sword exclusive operation shall be launched. (The State Administration for Industry and Commerce shall take charge thereof.) Clues shall be carded and scrutinized, to crack down on acts of making and selling fake drugs on the Internet. (China Food and Drug Administration shall take charge thereof.) Exclusive law enforcement on channels of postal delivery and express mail delivery shall be launched, with priority given to crackdown on acts of rights infringement in the process of import and export including “overseas purchasing through agency” and “breaking up the whole into parts in the form of ants moving”. (The General Administration of Customs shall take charge thereof.) Mechanisms for cooperation in law enforcement on online cultural products markets shall be complete, with strengthening of regulation over contents of online (mobile) games, music and cartoons, and with timely discovery, investigation and handling of acts of rights infringement. (The Ministry of Culture and the State Administration of Press, Publication, Radio, Film and Television shall take charge thereof separately in accordance with their division of duty.) The 11th Sword-on-the-Net Operation intended to exclusively curb rights infringement and piracy on the Internet shall be launched. (The State Administration of Press, Publication, Radio, Film and Television shall exercise leadership thereof, and the Ministry of Public Security, the Ministry of Industry and Information Technology and the Office of the Central Leading Group for Cyberspace Affairs shall take charge thereof separately in accordance with their division of duty.) The construction of the national copyrights regulation platform shall be promoted, and the scope of priority regulation over copyrights shall be enlarged, with inclusion of new-type means of communication including application programs (APP) into the scope of regulation. Routine regulation over printing, duplication and publication, particularly web-based publication, shall be strengthened, with launch of exclusion inspection over printing, duplication and publication. (The State Administration of Press, Publication, Radio, Film and Television shall take charge thereof.) Acts of rights infringement and piracy targeting standard classes of works containing copyrights shall be fought. (The The State Administration of Press, Publication, Radio, Film and Television and the General Administration of Quality Supervision, Inspection and Quarantine shall exercise leadership and take charge thereof separately in according to their division of duty.) Enforcement of law on patents for rights protection in the field of e-commerce shall be launched. Measures for supervision over processing of cases and incentive mechanisms with respect to case handling in law enforcement shall be strengthened. The support and assistant role of rights protection centers shall be brought into play. Mechanisms for handling cases of patent disputes online shall be established and made complete. (The State Intellectual Property Office shall take charge thereof.) Crackdown on rights infringement and counterfeiting shall be listed as a regular item of security regulation by the postal sector. Postal enterprises and express delivery enterprises shall be supervised and urged to strengthen examination of the qualification of their contract clients including e-commerce enterprises, and to sign letters of commitment not to take and deliver rights infringing or counterfeit goods. (The State Post Bureau shall take charge thereof.) Experience in exclusive operations thereof shall be summed up, and corresponding measures shall be initiated on the basis of research with respect to outstanding problems and bottlenecks in work, with promotion of establishment of long-acting mechanisms for joint actions by government departments, cooperation between the government and enterprises and joint control by society. (The Office of the National Leadership Group for the Work of Cracking Down on Rights Infringement and Counterfeiting shall take charge thereof.) | | （五）互联网领域专项行动延长一年。将打击互联网领域侵权假冒专项行动延长至2015年底。健全监管制度，深化生产加工源头治理，强化重点网站特别是网络交易平台的监管和在线监测，严格对跨境电子商务的执法监管，加强政府与企业、行业组织合作，落实企业主体责任。（全国打击侵权假冒工作领导小组办公室、工业和信息化部、公安部、农业部、文化部、海关总署、工商总局、质检总局、新闻出版广电总局、食品药品监管总局、知识产权局、网信办、邮政局按职责分工分别负责）加强域名属地化、IP地址精细化管理和网站备案管理，推进网络实名制。（工业和信息化部牵头负责）开展2015年红盾网剑专项行动。（工商总局负责）梳理排查线索，打击利用互联网制售假药行为。（食品药品监管总局负责）开展邮递、快件渠道专项执法，重点打击“海外代购”和“蚂蚁搬家”等进出口环节侵权行为。（海关总署负责）健全网络文化市场执法协作机制，加强网络（手机）游戏、音乐、动漫内容监管，及时发现和查处侵权行为。（文化部、新闻出版广电总局按职责分工分别负责）开展第十一次网络侵权盗版专项治理“剑网行动”。（新闻出版广电总局牵头负责，公安部、工业和信息化部、网信办按职责分工分别负责）推进国家版权监管平台建设，扩大版权重点监管范围，把应用程序（APP）等新型传播方式纳入监管范围。加强印刷复制发行特别是网络发行日常监管，开展印刷复制发行专项检查。（新闻出版广电总局负责）打击针对含有著作权的标准类作品的侵权盗版行为。（新闻出版广电总局、质检总局按职责分工分别牵头负责）开展电子商务领域专利执法维权，强化执法办案督办和激励机制，发挥维权中心的支持协助作用，建立健全网上专利纠纷案件办理机制。（知识产权局负责）将打击侵权假冒列为邮政行业安全监管常态化项目。督促邮政企业、快递企业加强对电子商务企业等协议客户的资格审查，签署不得寄递侵权假冒商品的承诺书。（邮政局负责）总结专项行动经验，针对突出问题和工作瓶颈，研究提出相关措施，推动建立部门联动、政企协作、社会共治的长效机制。（全国打击侵权假冒工作领导小组办公室负责） |
| 6. In-depth promotion of exclusive control in rural areas and suburban areas: In the first half of the year, with respect to important periods of time including spring plowing, summer planting, holiday seasons and festivals, control over the sources of production and supervision and inspection in the field of distribution shall be strengthened on the various types of areas of concentrated production of goods, commodity collection and distribution centers, commodity wholesale markets and their surrounding areas and regions with a high incidence of cases of rights infringement and counterfeiting, to investigate and punish lawbreaking or criminal acts of rights infringement, counterfeiting and unlicensed production or marketing, to promote development of good faith at the marketplace in rural areas, and to unclog commodity distribution channels in rural areas. (The Office of the National Leadership Group for the Work of Cracking Down on Rights Infringement and Counterfeiting, the Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Agriculture, the Ministry of Commerce, the State Administration for Industry and Commerce, General Administration of Quality Supervision, Inspection and Quarantine, China Food and Drug Administration, the State Forestry Bureau and the State Post Bureau shall take charge thereof separately in accordance with their division of duty.) The 2015 national supervisory sample inspection over the quality of forestry tree seedlings and inspection over the enforcement of law thereon shall be launched, with inspection carried out over implementation of the systems of quality, licensing, filing, labeling, test, etc in regions where trade is concentrated. Exclusive operations of cracking down on infringement of rights to new varieties of forestry plants shall continue to be launched. (The State Forestry Bureau shall take charge thereof.) | | （六）深入推进农村和城乡结合部专项整治。上半年，围绕春耕、夏种和节庆等重要时段，对各类产品集中制造地区、商品集散地、商品批发市场及其周边地区、侵权假冒案件高发地，加强生产源头治理和流通领域监督检查，查处侵权假冒、无证生产销售等违法犯罪行为，推动农村市场诚信建设，畅通农村商品流通渠道。（全国打击侵权假冒工作领导小组办公室、工业和信息化部、公安部、农业部、商务部、工商总局、质检总局、食品药品监管总局、林业局、邮政局按职责分工分别负责）开展2015年全国林木种苗质量监督抽查和执法检查，在交易集中区域检查质量、许可、档案、标签、检验等制度落实情况。继续开展打击侵犯林业植物新品种权专项行动。（林业局负责） |
7. Launch of exclusive regulation over gasoline and diesel oil for motor vehicles nationwide: Regulation over quality in the processes of product oil production, processing and marketing shall be strengthened, with provincial borders and rural areas listed as key zones under regulation. Filling stations using fake trademarks and illegal filling stations shall be cleared up. The inferior quality gasoline and diesel oil confiscated shall be referred for environmentally non-hazardous treatment. Improvement of the systems of auto fuel standards, test and quality supervision and inspection shall be promoted. (The Office of the National Leadership Group for the Work of Cracking Down on Rights Infringement and Counterfeiting, the Publicity Department of the CPC Central Committee, the Ministry of Public Security, the Ministry of Environmental Protection, the Ministry of Commerce, the State-Owned Assets Supervision and Administration Commission of the State Council, the State Administration of Taxation, the State Administration for Industry and Commerce and the General Administration of Quality Supervision, Inspection and Quarantine shall take charge thereof separately in accordance with their division of duty.)
．．．．．． | | （七）在全国范围内开展车用汽柴油专项整治。加强成品油生产加工和流通环节质量监管，将省域交界处和农村列为重点监管地区。清理“山寨加油站”和“黑加油站”。将收缴的劣质汽柴油实施环境无害化处理。推动完善车用燃油标准体系、检测体系和质量监督检查体系。（全国打击侵权假冒工作领导小组办公室、中央宣传部、公安部、环境保护部、商务部、国资委、税务总局、工商总局、质检总局按职责分工分别负责）
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