Strengthen the criminal protection of intellectual property, safeguard the light of innovation, and ensure high-quality development through public security organs
2025-08-07
A 1:1 replica of a trendy toy has become the key to unraveling the criminal chain. Recently, the police in Xuhui, Shanghai, dismantled a criminal gang selling counterfeit registered trademark goods and seized more than 5000 counterfeit Labubu toys, with a total sales amount of over 12 million yuan involved. This reflects the practical exploration of the public security organs in strengthening the criminal protection of intellectual property rights. From tackling individual cases to collaborative governance and institutional empowerment, public security organs better safeguard the light of innovation and provide escort for high-quality development. In March of this year, the Economic Investigation Detachment of Xuhui Branch of Shanghai Public Security Bureau received a report from Bubble Mart that some consumers reported to the company that they had bought fake Labubu online. According to professional appraisal, the toy is not authorized for processing and production by the enterprise, but the appearance, trademark, and product name of the product are the same as the genuine product, and there is suspicion of counterfeit sales in the related online stores. After receiving the report, the police conducted an investigation and found that the actual operator of Wang's online store was secretly engaged in customized, packaged, and sold counterfeit brand trendy toys under the cover of selling electric fans, speakers, game consoles, etc. On the morning of July 4, the police arrested the operator surnamed Wang and seven other suspect. At present, the operator surnamed Wang has been detained by the police in accordance with the law on suspicion of selling counterfeit registered trademark goods, and the other seven suspect have been taken criminal coercive measures by the police in accordance with the law. Intellectual property is the institutional cornerstone for protecting and incentivizing innovation, and is a core element of a country's strategic resources for development and international competitiveness. As an important administrative law enforcement and criminal justice force of the country, public security organs undertake functions such as cracking down on illegal and criminal activities in accordance with the law, safeguarding the legitimate rights and interests of the people and market entities, assisting in the cultivation and development of new quality productive forces, and providing services to ensure high-quality development. In recent years, public security organs across the country have continued to carry out special actions to strengthen criminal protection of intellectual property rights, playing an important role in empowering innovation driven development, optimizing the business environment, promoting cultural prosperity, and ensuring people's livelihood security. ”Shi Xiaoxue, associate professor of the Law School of the People's Public Security University of China, said. In practice, public security organs in various regions have explored distinctive governance models based on regional characteristics: Anhui public security organs have established a rapid response mechanism for intellectual property criminal protection and a list of enterprises vulnerable to intellectual property crimes. At the same time, they have established a regional cooperation mechanism with public security organs in the Yangtze River Delta and other regions to combat intellectual property crimes and build a platform for intellectual property protection police cooperation. ——Shaanxi public security organs have established more than 100 public security intellectual property protection workstations throughout the province to optimize the business environment and ensure high-quality development of services, helping enterprises innovate and develop. ——Jiangsu public security organs have implemented a risk full cycle governance model, forming a complete set of police procedures and mechanisms based on risk capture, precision strike, review and summary, and promoting joint governance. This has led to a shift in work methods from single investigation and strike to using strike to promote prevention and control. Collaborative governance "innovation is the primary driving force for development, and protecting intellectual property rights is protecting innovation. ”Li Jiantao, Director of the Environmental Resources and Food and Drug Crime Investigation Bureau and the Intellectual Property Crime Investigation Bureau of the Ministry of Public Security, introduced that public security organs across the country are strictly cracking down on intellectual property infringement crimes in accordance with the relevant requirements of the "14th Five Year Plan" on "improving the system of intellectual property protection and application", based on the responsibilities of public security work in the new era. ——Strengthen the crackdown and effectively increase the criminal protection of intellectual property rights. During the 14th Five Year Plan period, public security organs across the country filed and investigated a total of 156000 cases of intellectual property infringement and the production and sale of counterfeit goods. Carry out the "Anxin" special work, adhere to the three in one of "prevention, crackdown, and service", comprehensively strengthen the criminal protection of trade secrets in key areas such as strategic emerging industries, future industries, and traditional advantageous industries, and file and investigate 576 cases of commercial secret infringement crimes. ——Strengthen departmental collaboration and promote the improvement of the comprehensive management system for intellectual property rights. Based on the construction of a strong intellectual property country and other working mechanisms, we will strengthen cooperation and cooperation with market supervision, copyright and other departments, establish a major case appraisal cooperation mechanism in conjunction with relevant departments, and consolidate governance efforts; Jointly carry out joint actions with market supervision, agriculture and rural areas, emergency management and other departments to crack down on food counterfeiting, agricultural inputs counterfeiting, cinema film copyright protection, and special rectification of fire product quality and safety, and jointly carry out crackdown and governance in key areas and regions. ——Strengthen proactive policing and actively serve to optimize the business environment. Organize and carry out "benefiting the people and benefiting enterprises" research and visit activities, and facilitate the feedback loop mechanism for handling legal appeals of enterprises. Zhejiang has launched the practice of "intellectual property police officers", establishing police liaison offices for key intellectual property enterprises and deploying "intellectual property police officers" to provide customized services for enterprises. Deepen the mechanism for reporting and warning on online platforms, promote communication and collaboration with key enterprises, and advance the implementation of safety management responsibilities. We will carry out multi-level international law enforcement cooperation with relevant countries, strengthen exchanges and mutual learning, and work together to combat cross-border infringement and counterfeiting crimes. ——Strengthen professional construction and accelerate the shaping of new driving forces and advantages. The national public security organs will comprehensively strengthen the investigation departments of intellectual property crimes, comprehensively enhance the work system of intelligence support, investigation technology, law enforcement system, equipment support, scientific research and training, and make every effort to improve the professional level of intellectual property criminal protection. In June of this year, the Ministry of Public Security issued the "Opinions on the High Quality Development of Services for Combating Intellectual Property Crimes in accordance with the Law" (hereinafter referred to as the "Opinions"). The Opinion clearly states that efforts should be made to accurately protect technological innovation, deepen the special work of preventing and cracking down on commercial secret crimes such as "Anxin", severely crack down on crimes that infringe on commercial secrets in accordance with the law, and help develop new quality productivity according to local conditions. We must make precise efforts to promote industrial development, crack down on infringement and counterfeiting crimes in the manufacturing, productive service, and consumer goods fields in accordance with the law, and promote the construction of a modern industrial system. We must make precise efforts to promote cultural prosperity, crack down on various types of infringement and piracy crimes in accordance with the law, and promote innovative development of the cultural industry. We must make precise efforts to safeguard people's livelihood and safety, crack down severely on multiple crimes in the food and drug field, counterfeit and shoddy crimes that endanger production and life safety in the fields of fire-fighting equipment, building materials, electrical equipment, etc., infringement crimes involving seed, fertilizer and other counterfeit products, as well as the crime of producing and selling counterfeit cigarettes in accordance with the law, and resolutely safeguard the life, health and safety of the people. Cracking down on intellectual property crimes is an important task to protect innovation, serve development, and safeguard people's livelihoods. The current trend of intellectual property crimes is increasingly emerging, including the expansion of criminal activities into new fields and formats, and the emergence of cutting-edge technology fields such as chip manufacturing, information technology, and new energy as high-risk areas for crime; The types of crimes are concentrated, and the production and sale of counterfeit goods in the field of people's livelihood are still the mainstream. At the same time, criminal behavior is clearly shifting online; The degree of criminal organization and chain has deepened. ”Shi Xiaoxue believes that "these new trends in crime reflect the complex situation of intellectual property protection, and also put forward higher requirements for the handling ability and cross domain cooperation level of law enforcement agencies. The issuance of the 'Opinions' provides a systematic action guide for public security organs to better respond to the new trend of intellectual property crimes and safeguard high-quality development with legal means.' The 'Opinions' also propose to improve the crackdown mode, implement precise, deep, large-scale, and coordinated strikes on intellectual property crimes, and enhance the quality and efficiency of the entire process, all factors, and all chains of crackdown. At the same time, we need to rely on the new mode of police operation, build an efficient and collaborative work pattern, and deepen all-round, cross disciplinary, and multi-level police cooperation. We need to promote the intelligent construction and application of big data, and accelerate the improvement of the intelligent and data-driven level of intellectual property protection work. Next, we will vigorously implement the 'Opinions' with the spirit of' nail the nail ', and do a good job in intellectual property protection with higher levels and standards. ”Li Jiantao said. (New Society)
Edit:Wang Shu Ying Responsible editor:Li Jie
Source:legaldaily.com.cn
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