Six Departments Release Implementing Measures for Strengthening Intellectual Property Law Enforcement in the Fields of Online Shopping and Import and Export
Recently, six authorities, including the State Administration for Market Regulation ("SAMR"), the General Administration of Customs ("GAC") and the China National Intellectual Property Administration ("CNIPA"), have jointly released the Implementing Measures for Strengthening Intellectual Property Law Enforcement in the Fields of Online Shopping and Import and Export (the "Implementing Measures"), vowing to seek closer cooperation and coordination with each other and further enhance their capacity for intellectual property law enforcement.
In light of characteristics of tort emerging in the fields of online shopping and import and export, such as the integration of online and offline business operations, cross-regional expansion, and formation of business chains, the Implementing Measures lay out measures in six aspects, including "strengthening law enforcement and regulation according to law" and "searching for clues from wider sources". Also, the Implementing Measures call for improving regulatory measures, giving full play to the fundamental role of regulation under the "dual randomness and one publicity" mode, and imposing sterner penalties on tort. The role of hotlines for complaints and reports and network monitoring platforms developed by relevant departments shall be fully played, and a mechanism shall be instituted to stay in communication with intellectual property right holders. Moreover, the Implementing Measures stress the need to optimize the social co-governance mechanism, enhance collaboration between government agencies and enterprises, give play to the role of right holders in investigations into tort, product appraisals, etc., tighten self-discipline within the concerned industries, and jointly guard against and clamp down upon illegal and criminal activities causing intellectual property infringement.