China recently announced two measures to tackle the problem of counterfeiting. In a press conference on September 6, China's State Intellectual Property Office announced that the Supreme People's Court and Supreme People's Procuratorate have drafted a new Judicial Interpretation that will lower the thresholds for bringing criminal action against IP infringement in China. This is to be issued by the end of this year, once it has been approved. The threshold is presently set at Rmb 500,000 and Rmb 100,000 for corporate and individual offenders respectively. In addition, the Interpretation will include guidelines for punishing online copyright infringement and other infringing activities such as transporting, storing and distributing infringing goods.
Meanwhile, Beijing has banned markets from selling luxury brands. At the request of trade mark owners, the Beijing Administration for Industry and Commerce (AIC) recently banned stall holders on XiuShui Street (a famous tourist spot where counterfeits are readily available) and other markets in Beijing selling clothing and accessories from selling goods bearing 25 different well-known trade marks including Louis Vuitton, Prada, Chanel, Givenchy and Fendi. The rule applies whether the goods are counterfeit or genuine. Any banned goods found there will be deemed counterfeits. Repeat offenders will be required to leave the market.
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| Howard Tsang |
