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| Notice of the General Office of the State Council on Issuing the 2017 Major Tasks for the Nationwide Crackdown on IPR Infringements and the Production and Sale of Counterfeit and Shoddy Commodities | | 国务院办公厅关于印发2017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. 46 [2017] of the State Council) | | （国办发〔2017〕46号） |
| The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; all ministries and commissions of the State Council; and all institutions directly under 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 2017 Major Tasks for the Nationwide Crackdown on IPR Infringements and the Production and Sale of Counterfeit and Shoddy Commodities, as approved by the State Council, are hereby issued to you for your conscientious compliance and implementation. | | 《2017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 |
| May 16, 2017 | | 2017年5月16日 |
| 2017 Major Tasks for the Nationwide Crackdown on IPR Infringements and the Production and Sale of Counterfeit and Shoddy Commodities | | 2017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 respect of the work on the nationwide crackdown on infringements upon intellectual property rights and the production and sale of counterfeit and shoddy commodities for the year 2017, we shall conscientiously implement the spirit of the 18th National Congress of the Communist Party of China ("CPC") and the Third, Fourth, Fifth and Sixth Plenary Sessions of the 18th CPC Central Committee, carry out meticulously the decisions and arrangements of the CPC Central Committee and the State Council, and in light of the advancement of the supply-side structural reform, strictly crack down upon in accordance with the law crimes of infringements and counterfeits affecting the protection of intellectual property rights, obstructing fair competition and infringing upon the lawful rights and interests of consumers and right holders, create a law-oriented business environment, and provide powerful guarantee for the implementation of the national innovation-driven development strategy, national intellectual property right strategy and the National Plan for the Protection and Use of Intellectual Property Rights during the "13th Five-Year Plan" Period and the promotion of the stable and sound economic development and social harmony and stability. | | 2017年，全国打击侵犯知识产权和制售假冒伪劣商品工作要认真贯彻党的十八大和十八届三中、四中、五中、六中全会精神，认真落实党中央、国务院决策部署，结合推进供给侧结构性改革，依法严厉打击影响知识产权保护、妨碍公平竞争和侵害消费者、权利人合法权益的侵权假冒违法犯罪，打造法治化营商环境，为实施国家创新驱动发展战略、国家知识产权战略和《“十三五”国家知识产权保护和运用规划》，促进经济平稳健康发展与社会和谐稳定提供有力保障。 |
| I. Constantly advancing governance in key fields | | 一、持续推进重点领域治理 |
| (1) Tightening crackdown upon infringements and counterfeits in the internet field. The administration of online trading shall be enhanced. The special campaign of network market regulation 2017 shall be conducted, and with crackdown upon infringements, counterfeiting, false advertising and other illegal acts as priority, the level of coordinated administration of the Internet shall be raised. The special campaign of e-commerce product quality law enforcement and counterfeit combating with consumer goods as priority shall be conducted, the national investigation assistance mechanism of e-commerce product quality law enforcement and counterfeit combating shall be further improved, and tracing and whole-chain clampdown shall be strengthened. The concentrated rectification of rural e-commerce product quality issues shall be strengthened. Internet medical care shall be better supervised and administered. The law shall be enforced in priority with respect to mail and express package delivery channels. (The Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Agriculture, the National Health and Family Planning Commission, the General Administration of Customs, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, the China Food and Drug Administration, the Cyberspace Administration of China and the State Postal Bureau shall be respectively responsible according to their duties) The crackdown upon cyber torts and piracy shall be strengthened. The "Online Sword Campaign" shall be conducted in depth, the rectification in relation to the copyrights in the fields such as online literature, television and film, cartoon and textbooks and e-commerce, application software stores and other platforms shall be further enhanced, the reproduction and use of news works shall be regulated, and new types of dissemination methods shall be included in the scope of copyright regulation. The investigation into and dealing with internet cultural products and operating entities in violation of laws and regulations shall be organized. The patent law enforcement and right protection campaign in the e-commerce field shall be continuously conducted in depth, and the patent law enforcement and right protection mechanism shall be improved. (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, Film and Television, the State Intellectual Property Office, and the Cyberspace Administration of China shall be respectively responsible according to their duties) The regulation of trading platforms shall be enhanced. Website recordation, Internet Protocol address ("IP address"), domain names and other basic administration shall be strengthened continuously, and the trading rules of third-party online retailing platforms shall be strictly recorded and administered. We shall give guidance to e-commerce platforms and urge them to effectively implement their primary responsibilities, the internal management system shall be further improved, the review of the qualification of online business owners shall be strengthened, the content shall be rigorously reviewed, application technology and measures shall be researched and developed, the monitoring of goods and marketing information shall be enhanced, the report disposition channels shall remain unimpeded, and the capability of self-administration shall be improved. The supervision, inspection and acceptance check of the improvement of internal management of websites shall be organized so as to block the channel to publish and disseminate adverse information from the source. (The Ministry of Industry and Information Technology, the Ministry of Public Security, the Ministry of Commerce, the Ministry of Culture, 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, and the Cyberspace Administration of China shall be respectively responsible according to their duties) | | （一）加大互联网领域侵权假冒治理力度。强化网上交易管理。开展2017网络市场监管专项行动，以打击侵权假冒、虚假宣传等违法行为为重点，提升协同管网水平。开展以消费品为重点的电子商务产品质量执法打假专项行动，进一步健全电子商务产品质量执法打假全国协查机制，加强追踪溯源和全链条打击。加强农村电子商务产品质量问题集中整治。加大互联网医疗监督管理力度。开展邮件、快件寄递渠道重点执法。（工业和信息化部、公安部、农业部、国家卫生计生委、海关总署、工商总局、质检总局、食品药品监管总局、国家网信办、国家邮政局按职责分工分别负责）加强网络侵权盗版治理。深入开展“剑网行动”，进一步加大网络文学、影视、动漫、教材等领域和电子商务、软件应用商店等平台版权整治力度，严格新闻作品转载使用，将新型传播方式纳入版权监管范围。组织查处违法违规互联网文化产品和经营单位。继续深入开展电子商务领域专利执法维权行动，健全电子商务领域专利执法维权机制。（工业和信息化部、公安部、文化部、工商总局、新闻出版广电总局、国家知识产权局、国家网信办按职责分工分别负责）强化交易平台监管。继续加强网站备案、网际协议地址（IP地址）、域名等基础管理，严格网络零售第三方平台交易规则备案管理。指导和督促电子商务平台切实落实主体责任，进一步完善内部管理制度，加强对网络经营者的资格审查，严格内容审核，研发应用技术措施，加强商品和营销信息监控，畅通举报处置渠道，提高自我管理能力。组织对网站完善内控管理情况进行督导检查验收，从源头上阻断有害信息发布传播渠道。（工业和信息化部、公安部、商务部、文化部、工商总局、质检总局、新闻出版广电总局、国家网信办按职责分工分别负责） |
| (2) Constantly rectifying the markets in rural areas and urban-rural fringe areas. In light of the vulnerability of the rural market to the act of infringements and counterfeiting, measures shall be adopted in the aspects of production, circulation channels, and end consumption, market regulation and law enforcement shall be strengthened, and illegal and criminal acts shall be strictly cracked down upon, in order to cleanse the rural market environment. (The Ministry of Public Security, the Ministry of Agriculture, the Ministry of Commerce, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, the China Food and Drug Administration, the State Forestry Administration, the State Intellectual Property Office, and the State Postal Bureau shall be respectively responsible according to their duties) The illegal and criminal act of production and sale of fake and shoddy agricultural materials shall be strictly clamped down upon. The campaign of Red Shield for Agriculture, Farmers and Rural Areas shall be conducted in depth, and the regulation of the agricultural materials market shall be strengthened in accordance with the law. The spring and autumn special control campaigns combating fake agricultural materials shall be conducted, and major cases shall be better investigated, dealt with and disclosed. The combination of routine monitoring of agricultural product quality safety, supervision and random inspection of agricultural materials quality, and law enforcement and case handling shall be promoted, and the interaction among the departments of testing, supervision and law enforcement shall be enhanced. The acts of disqualified content, unregulated indications, unlicensed production of chemical fertilizers and pesticide, and illegal use of banned additives shall be strictly investigated and dealt with. (The Ministry of Agriculture, the Ministry of Industry and Information Technology, the Ministry of Public Security, the State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, the Supreme People's Procuratorate and the Supreme People's Court shall be respectively responsible according to their duties) The random inspection of the quality of tree seeds and seedlings across the country shall be organized and conducted, and enterprises with tree seed business operation licenses shall be "randomly selected and inspected by randomly selected inspectors." (The State Forestry Administration shall be responsible) | | （二）持续开展农村和城乡结合部市场治理。针对农村市场侵权假冒行为易发多发的情况，从生产源头、流通渠道、消费终端多管齐下，加强市场监管执法，严厉打击违法犯罪行为，净化农村市场环境。（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、国家林业局、国家知识产权局、国家邮政局按职责分工分别负责）严厉打击制售假劣农资违法犯罪行为。深入开展红盾护农行动，依法加强农资市场监管。开展春、秋两季农资打假专项治理行动，加大大案要案查处和曝光力度。推动农产品质量安全例行监测、农资质量监督抽查和执法办案相结合，强化检测、监管、执法部门联动。严肃查处含量不合格、标识不规范、无证生产化肥农药以及非法添加违禁成分行为。（农业部、工业和信息化部、公安部、工商总局、质检总局、高检院、高法院按职责分工分别负责）组织开展全国林木种苗质量抽查，对持有林木种子经营许可证的企业开展“双随机”抽查。（国家林业局负责） |
| (3) Conducting in depth the "Refreshing Breeze" campaign to protect the image of "made in China" overseas. Aimed at in priority countries and regions along "Belt and Road," the key links such as import and export, key specialized markets and cross-border e-commerce shall be highlighted, cooperation between departments in law enforcement shall be strengthened, and illegal and criminal acts of cross-border production and sale of counterfeits shall be strictly cracked down upon. The monitoring of high-risk import and export goods shall be strengthened, and a risk information data analysis model shall be established, in order to improve the precision of the crackdown. The regulation of key product manufacturers, distributing centers distributing major goods, and large specialized markets shall be strengthened, and the protection of intellectual property rights at foreign-related expos and trade fairs shall be enhanced. The functions and roles of business institutions stationed overseas and the overseas offices of the China Council for the Promotion of International Trade shall be fully used, and outbound exchange and coordination as well as the service, education and guidance offered to overseas Chinese-funded enterprises and business owners shall be enhanced. (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 State Administration for Industry and Commerce, the General Administration of Quality Supervision, Inspection and Quarantine, the China Food and Drug Administration, the State Intellectual Property Office, the Cyberspace Administration of China, the State Postal Bureau, and the China Council for the Promotion of International Trade shall be respectively responsible according to their duties) | | （三）深入开展中国制造海外形象维护“清风”行动。重点针对“一带一路”沿线国家和地区，突出进出口、重点专业市场、跨境电子商务等重点环节，加强部门执法协作，严厉打击跨境制售侵权假冒商品违法犯罪行为。加强进出口高风险货物监控，建立风险信息数据分析模型，提高打击精准度。加强对重点产品生产企业、输出重要商品的集散地和大型专业市场的监管，强化涉外展会、交易会的知识产权保护。充分发挥驻外经商机构和贸促会驻外代表处职能作用，加强对外沟通协调和对境外中资企业、商户的服务与教育引导。（工业和信息化部、公安部、农业部、商务部、海关总署、工商总局、质检总局、食品药品监管总局、国家知识产权局、国家网信办、国家邮政局、贸促会按职责分工分别负责） |
| II. Vigorously strengthening the routine regulation of goods quality | | 二、大力加强商品质量日常监管 |
| (4) Strengthening the administration of key products. Focusing on key products relating to life and health, property safety, and environmental protection, and widely concerning the people, the special campaign "Quality Inspection Sharp Sword" shall be conducted in depth so as to seriously investigate and deal with illegal acts with respect to quality. (The General Administration of Quality Supervision, Inspection and Quarantine shall be responsible) The regulation of goods quality in the circulation field shall be further strengthened, the regulation and law enforcement in relation to goods quality shall be vigorously conducted, and the integrated regulation of online and offline goods quality shall be enhanced. (The State Administration for Industry and Commerce shall be responsible) Fake drugs for the treatment of chronic diseases, unlicensed medical devices, counterfeit well-known cosmetics and other key products shall be further combated, and a group of typical cases shall be firmly investigated and dealt with. Case sources shall be vigorously expanded, clues shall be vigorously discovered, and illegal acts discovered through complaints and reports, monitoring of false advertising and other channels shall be seriously investigated and dealt with. (The China Food and Drug Administration shall be responsible) The random inspection of "randomly selected entities by randomly selected inspectors" shall be conducted, manufacturers of Class A disinfection products shall be supervised in priority, and the random inspection of sanitizers, disinfecting apparatus, sterilizing agent, sterilizing apparatus, and other key products shall be enhanced. (The National Health and Family Planning Commission shall be responsible) The supervision of auto fuel shall be strengthened, the supervision and special inspection of the quality of auto gasoline and diesel and common diesel shall be enhanced in priority, forces shall be concentrated to seriously investigate and deal with the act of production and sale of counterfeit and shoddy auto oil products, and unlicensed gas stations shall be strictly cracked down upon. Non-standard oil shall be comprehensively clamped down upon, and the inspection and sampling inspection in the link of transportation by highway shall be enhanced. (The National Development and Reform Commission, 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 be respectively responsible according their duties) | | （四）加强重点产品管理。围绕群众普遍关心的事关生命健康、财产安全、环境保护的重点产品，深入开展“质检利剑”专项行动，严肃查处质量违法行为。（质检总局负责）进一步规范流通领域商品质量监管工作，积极开展商品质量监管执法，加强线上线下商品质量一体化监管。（工商总局负责）对假冒治疗慢性病药品、无证医疗器械和假冒知名化妆品等重点产品，加大打击力度，坚决查处一批典型案件。积极拓展案源，主动发现线索，严肃查处通过投诉举报、虚假广告监测等渠道发现的违法行为。（食品药品监管总局负责）开展“双随机”抽查，重点监管第一类消毒产品生产企业，加强对消毒剂、消毒器械、灭菌剂、灭菌器械等重点产品的抽检。（国家卫生计生委负责）加强车用燃油监管，重点加强车用汽柴油和普通柴油质量监管与专项检查，集中力量严肃查处生产、销售假劣车用油品行为，严厉打击黑加油站点。对非标油进行综合治理，加大道路运输环节稽查抽检力度。（国家发展改革委、公安部、环境保护部、商务部、国务院国资委、税务总局、工商总局、质检总局等按职责分工分别负责） |
| (5) Strengthening rectification in key regions. Concentrated regional rectification shall be made an important content of the quality and brand improvement action, administration concepts and work modes shall be innovated on, the control and rectification mechanism shall be improved, the achievements in the rectification shall be vigorously consolidated, and the in-depth concentrated rectification of regional quality issues shall be advanced. (The General Administration of Quality Supervision, Inspection and Quarantine shall be responsible) | | （五）加强重点区域治理。把区域集中整治作为质量和品牌提升行动的重要内容，创新管理理念和工作方式，完善治理机制，积极巩固整治成果，推进区域性质量问题集中整治深入开展。（质检总局负责） |
| (6) Strengthening the supervision in the link of consignment. The implementation of the consignment channel security management systems including inspection at consignment, real-name consignment and receipt, and machine security check shall be prompted. The market regulation and law enforcement inspection shall be strengthened, enterprises shall be urged to effectively observe all the rules for the security management of consignment channels, and the development of the consignment channel security management "Green Shield" project shall be vigorously advanced. (The State Postal Bureau shall be responsible) | | （六）加强寄递环节监管。推动落实寄递渠道安全管理收寄验视、实名收寄、过机安检三项制度。加强市场监管执法检查，督促企业切实遵守寄递渠道安全管理各项规定，积极推进寄递渠道安全监管“绿盾”工程建设。（国家邮政局负责） |
| (7) Enhancing harmless destruction. The environment-friendly destruction of infringing and counterfeit products shall be enhanced, and it shall be ensured that hazardous waste is sent to qualified entities for harmless destruction, so as to prevent secondary pollution. All regions shall be guided in issuing and regularly updating the catalogs of local entities capable of environment-friendly destruction. (The Ministry of Environmental Protection shall take the lade and be responsible) A long-term mechanism for destruction of fake and shoddy agricultural materials shall be explored and established, and unified measures for the storage and destruction of fake and shoddy agricultural materials shall be developed. (The Ministry of Agriculture and the Ministry of Environmental Protection shall be responsible according to their respective functions and division of work) | | （七）强化无害化销毁。加大侵权假冒商品环境无害化销毁工作力度，确保将危险废物送到有资质的单位进行无害化销毁，防止二次污染。指导各地公布并定期更新本地具有环境无害化销毁能力的单位名录。（环境保护部牵头负责）探索建立假劣农资销毁长效机制，制定假劣农资统一储存和销毁办法。（农业部、环境保护部按职责分工分别负责） |
III. Tightening the crackdown upon the infringement upon intellectual property rights
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