U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 93 of 101
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Summary of issues by theme Raised by Raised by China's response
United States other WTO
preservation, standards for referral to Susceptible Criminal Cases by the
criminal prosecution, standards for Administration Organs for Law Enforcement.
referral back to administrative (Verbale)
punishment if a case is not initiated by
criminal justice authorities.
Guidelines established apart from
those in China's criminal code
regarding the penalties to be provided
for willful trademark counterfeiting or
copyright piracy on a commercial
Chapter 3 of the Chinese Criminal Law, revised
in 1997, criminalized the destruction of the
socialist market economic order. Section 7 of
Chapter 3 was set to target the infringement of
IPRs and listed seven crimes in detail, covering
trademarks, patents, copyright and confidential
information. In addition, on
17 December 1998, the Supreme Court's
Interpretation on the Practical Problems on
Application of Laws Against Illegal Publications
clarified the standards of penalty regarding
copyright offences, including the penalty
against a crime of illegal business operation.
Moreover, the Regulations of the Standards for
Litigating Cases in Economic Crimes, which
was promulgated by the Supreme People's
Procuratorate and the Ministry of Public
Security on 18 April 2001, set the standards of
prosecution in IPR offences except copyright
crimes. Section 7 of Chapter 3 of the Criminal
Law and these two above-mentioned
Interpretations constituted the most
fundamental basis for the protection of IPRs in
terms of the criminal law. In addition, Section 1
of Chapter 3 of the Criminal Law, which
criminalized the production and distribution of
counterfeiting products, and the Supreme
Court's and the Supreme People's
Procuratorate's Interpretation of Practical
Problems Concerning Criminal Cases of
Production and Distribution of Counterfeiting
Products were applicable to some of the IPR
infringement cases, mainly trademark
offences. Relevant regulations could also be
found in Articles 54 and 59 of the Trademark
Law, Article 58 of the Patent Law, Article 47 of
the Copyright Law, Article 24 of the Software
Regulations, Article 40 of the New Species of
Plant Regulations, and Article 21 of the Anti-
Unfair Competition Laws. Those infringing
offences, once proved criminal, would be
brought to justice by the Criminal Law.
Definition of counterfeit trademarks in Writtena
China's Criminal Code and conformity
Information on whether criminalization Writtena "Goods of the same class" meant goods that
is provided only of identical goods or were completely identical, or of the same
whether counterfeiting of goods of the category and class, or with the same name,
same class or other classes in which that share basically the same nature and
the trademark is registered may be function. "Goods of the same class" had
prosecuted. bigger extension than "identical goods." The
practical judgment of "goods of the same
class" was usually subject to comprehensive
GAO-05-209R U.S.-China Trade
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United States. Government Accountability Office. U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China, text, January 25, 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc301428/m1/93/: accessed May 23, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.