News & Cases from China: December 2017
China – Code of Conduct for Private Enterprises Investing Overseas emphasizes importance of IPRs
The National Development and Reform Commission, the Ministry of Commerce, the People's Bank of China, the Ministry of Foreign Affairs and the All-China Federation of Industry and Commerce have issued a Code of Conduct for Overseas Investment in Private Enterprises, part of the government’s effort to regulate investment overseas. The Code provides general guidance on operating overseas and emphasizes the need for private enterprises to abide by local intellectual property laws and regulations, and improve their innovation ability
Beijing Administration for Industry and Commerce Releases Top 10 Cases 2017
On 13 December 2017, the Beijing Administration for Industry and Commerce held a news conference to announce the achievements made during the year in reducing IPR infringement and the sale of counterfeit and shoddy goods. It also released a list of ten typical investigation and prosecution cases, which included the ‘One Piece’ and ‘Wedome’ cases.
MIIT Issues Notices on Regulating the Use of Domain Names in Internet Information Services
The Notices issued by the Ministry of Industry and Information Technology in November 2017 contain a number of requirements relating to the use of domain names by Internet access providers’(IAPs).
The Notices provide that IAPs must check, identify and verify the identities of Internet information service providers (ISPs), and domain name registrants via the Record-filing System.
Domain name administrative entities are required to share their database with the MIIT.
Telecommunications authorities are required to take measures to deal with various illegalities and irregularities in accordance with the law,– details of cases handled shall be recorded within the Enterprise Credit Management Files and published to the public .
Ministry of Public Security Deploys ‘Spring Thunder’ Campaign to Fight Intellectual Property Infringement
During a special campaign called Cloud 2017, aimed at cracking down on economic crimes, the Ministry of Public Security (MPS) introduced a two-month ‘Spring Thunder’ Campaign focusing on IPR crimes. The Campaign focuses on IPR crimes relating to daily necessities, maternity and childcare supplies, apparel, bags, auto parts, printing supplies, mechanical and electrical building materials and other key areas, especially during the holiday New Year and Spring Festival markets. It also focuses on repeated and regional counterfeiters. The Campaign targets various types of IPR infringement that directly affect the interests and safety of the citizen or the safety of production, and that impede innovation and development.