“Iron Fist” action to crack down on IPR infringements

Recently, the State Administration for Market Regulation (SAMR) and the National Intellectual Property Administration of China (CNIPA) jointly released the 2019 Plan of “Iron Fist” Action on IPR Law Enforcement (hereinafter referred to as “the Plan”) to deploy the IPR law enforcement action and crack down on trademark and patent infringements. This is the first national-level action of law enforcement under unified deployment after the functions of law enforcement over trademarks and patents are integrated.

It is requested in the Plan that local authorities should fully leverage the advantages of comprehensive law enforcement for market regulation by focusing on IPR protection and vigorously advancing the building of IPR-related administrative law enforcement system, particularly improving the IPR law enforcement efficiency and effect, strengthening the law enforcement in key markets and key fields and supervising the handling of a batch of major and important cases, in a bid to protect the legitimate rights and interests of right holders and consumers and to welcome the 70th anniversary of founding of new China with outstanding achievements.

It is proposed in the Plan that more efforts are to be made on investigation and handling of illegal acts related to the trademark infringement, patent counterfeiting, GI and distinctive marks infringement and consolidating the law enforcement in the fields of e-commerce, key goods trading markets and foreign investment, in a bid to increase the law-violation costs, treat both domestic and foreign enterprises equally and protect the IPRs of holders both at home and abroad in a fair manner.

It is also requested in the Plan that the law enforcement should be improved at local areas in terms of its timeliness, professionality, systematicity, participation and deterrence, by specifically enhancing the organization and leadership, innovating the law enforcement measures, advancing the transfer from segmented law enforcement to coordinated and full-chain law enforcement, building a sound performance evaluation and statistic system of law enforcement, strictly implementing the Interim Regulations on Procedure of Administrative Punishment in the Market Regulation and pressing ahead with strict, regulation-based, fair and civilized law enforcement.

(Source: Law Enforcement Inspection Bureau of SAMR)