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Strict protection

ensipa.cn| Updated: January 18, 2022 L M S

Adhere to the principle of strict intellectual property rights protection

Intensify the investigation and punishment of infringement and counterfeiting. Strengthen the protection of intellectual property rights such as patents, trademarks and geographical indications, take measures to confiscate illegal income and destroy infringing and counterfeit goods, increase administrative penalties, and carry out special administrative enforcement in key areas, key links and key groups.

Crack down on the infringement of intellectual property rights and the production and sale of counterfeit and shoddy goods. Take part in actions such as Suyuan, Jinghua, Tiequan and Wangjian in the field of intellectual property law enforcement, and actively carry out the campaign for spring tea geographical indications and the special protection campaign for autumn geographical indications. Crack down on malicious trademark registration applications, abnormal patent applications and malicious litigation. Intensify efforts to crack down on case of criminal intellectual property, strengthen civil judicial protection, correctly apply legal compensation, and actively apply punitive damages to repeated, malicious and other serious offenders, in order to establish a damage compensation mechanism conducive to the realization of intellectual property value.

Shanghai Market Supervision and Administration Bureau, in conjunction with Shanghai Intellectual Property Administration, carried out the Tiequan action of intellectual property law enforcement in 2019, handling and concluding 2,021 cases in the year, involving 37.72 million yuan ($5.33 million) and penalties of 15.42 million yuan. In 2018, patent authorities in Shanghai carried out 17 law enforcement inspections, involving 34 commercial units and more than 200,000 products.

Strengthen the protection of intellectual property administrative law enforcement. Improve the effectiveness of administrative mediation agreement of intellectual property rights and establish a judicial confirmation system of administrative mediation agreements on intellectual property rights disputes. In 2019, 1,779 trademark violation cases were investigated in Shanghai, an increase of 24.58 percent over the previous year, with penalties of 14.02 million yuan, confiscation of more than 210,000 infringing trademark marks and goods, and transfer of 52 cases of suspected trademark crimes. A total of 292 patent infringement cases were filed in the year, up 10.6 percent year-on-year, and 280 cases were settled, among which 15 administrative decisions were made. There was one case of the fraudulent use of geographical indication of trademarks and products.

The patent counterfeiting case of a bearing manufacturing company investigated and dealt with by Shanghai Intellectual Property Administration and the case of Zhang Qiuzhuang's infringement of the geographical indication of Aksu investigated and dealt with by the Qingpu district market supervision and administration bureau were selected among the 10 typical cases of patent and trademark administrative protection in China in 2018.