A Salute to the Pioneers of IPR Protection

2008/04/01,By Ginny Han, China IP,[Internet & Domain]

On March 28, 2008, the Quality Brands Protection Committee (QBPC), under the China Association of Enterprises with Foreign Investment (CAEFI) recognized twenty-one government agencies as winners of "Best Cases of IPR Protection for 2007-2008." Central government representatives joined CAEFI leaders to offer commendations to the winning agencies. Approximately 300 guests from state and local government bodies, foreign embassies, related organizations and associations, media, and domestic and foreign enterprises including QBPC member companies participated in the awards ceremony, which also marked QBPC's 8th anniversary.

John Newton, Intellectual Property Program Manager of INTERPOL, also offered remarks stating, "the cases highlighted by these awards show what it is possible to achieve if determined investigators focus their efforts where they are most effective to make meaningful interventions in the activities of organized IP criminals.  These examples of good investigative practice set a worldwide example for other investigators to follow." 

Jack Chang, QBPC Chairman and Senior IP Counsel-Asia for General Electric, explained that, "We hope that the Best Cases winners of 2007-2008 will inspire IPR agency officials around China to pursue innovative working models and excellent results in their own cases, as well as to make their own contributions to building an honorable and harmonious society."

QBPC has been hosting the annual "Best Cases of IPR Protection" awards since 2002 to recognize the IPR protection efforts made by enforcement agencies at all levels across China. QBPC member companies submit candidate cases to the QBPC Steering Council, which critically reviews the submissions and selects the Best Cases. 

Case highlights from 2007-2008 include:

 In the category of criminal prosecution, we saw admission into Chinese court's evidence collected by overseas enforcement agencies. During investigation and case preparation against the infringing company Beijing Sai Ruite Technology Co., Ltd., the Haidian District PSB and Haidian District People's Procuratorate in Beijing, working closely with the legitimate brand owner, discovered that products from the infringing company had previously been seized by US Customs officials. The two enforcement bodies later obtained evidence and records from US Customs, and Haidian District People's Court permitted this evidence to be considered in the case.

 In the category of IPR customs border protection, we saw effective risk analysis that multiplied the quantity of goods seized. Through cautious monitoring of a suspected infringing exporter, Ningbo Customs was able to search out additional shipments. Rather than immediately seize the first suspicious shipment that was identified, Customs officials proactively cross-referenced details of its "bill of exit" with all shipments in their remit.  As a result, they uncovered a total of four containers of infringing goods. 

"Best Cases of IPR Protection 2007-2008" Award Winners

Criminal Prosecution
Nanjing Municipal Tobacco Monopoly Bureau
QinHuai Division, Nanjing PSB
Special Market Administration Division, Guangzhou AIC
Liwan District PSB, Guangzhou
Economic Crime Investigation Team, Chaozhou PSB, Guangdong Province
Panyu District PSB, Guangzhou
Panyu District TSB, Guangzhou
Haidian District PSB, Beijing
Haidian District People's Procuratorate, Beijing
Haidian District People's Court, Beijing
Economic Crime Investigation Team, Guangzhou PSB
Prosecution Department, Guangzhou Procuratorate
Economic Crime Investigation Department, Yiwu PSB
Yiwu AIC
Yiwu People's Procuratorate

IPR Customs Border Protection
Ningbo Customs
Huangpu Customs

Trademark Infringement
Qingpu District AIC, Shanghai
Changsha Intermediate People's Court, Hunan Province

Other Non-Criminal Prosecutions
Hangzhou AIC, Zhejiang Province
Xi'an Intermediate People's Court


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