U.S.-China Trade: Summary of 2003 World Trade Organization Transitional Review Mechanism for China Page: 98 of 101
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Summary of issues by theme Raised by Raised by China's response
United States other WTO
Method for Customs to adjudicate Writtena
determinations of infringement of
particular goods by a recorded
trademark, copyright, patent or other
intellectual property rights; information
on any anticipated changes to how
Customs adjudicates determinations
Relationship among civil, criminal, and administrative enforcement
Information on whether an Writtena Theoretically an administrative punishment did
administrative punishment for an IPR not preclude the subsequent criminal
infringement precludes subsequent enforcement for the same act. According to
criminal enforcement for the same the Provisions on the Removal of Suspected
act. Crime Cases by Administrative Enforcement
Agencies of 2001, which had been enacted by
the State Council, cases of suspected crime of
violating the Copyright Law should be removed
to judicial authorities. Consequently, it was
infrequent that a criminal enforcement came
after an administrative punishment. (Verbale)
Steps to insure that individuals are Writtena
deterred from pursuing infringing
activities after having once committed
an offence; central registry for
determining when a party has been
administratively, criminally, or
adjudicated to be civilly liable to have
infringed IP rights.
Steps to close down or police markets Writtena In 2003, the NCAC had launched three special
for pirate and/or counterfeit goods in actions. In February, the NCAC had launched
popular locations. the Special Action for Striking Piracy during the
World Intellectual Property Leader's Meeting.
According to incomplete figures, the copyright
administrative departments in Beijing,
Shanghai, Tianjing, Chongqing, and the
provinces of Liaoning, Jilin, Hainan,
Guangdong, Fujian, Zhejiang, Anhui, Jiangxi,
Jiangsu, Yunnan, Guizhou, Gansu, Shanxi and
Inner Mongolia had checked 2,588 markets, 30
schools, and 77 enterprises, imposed
administrative punishments on 1,430 infringing
or pirating entities, imposed a forfeit of RMB
1,339.5 thousand, suppressed 816 shops, and
removed five cases to judicial authorities, and
investigated one underground compact disc
press. In July, the NCAC combined with the
General Administration for Press and
Publication, Ministry of Education, and the
National Anti-Piracy and the Pornography
Working Committee, had launched the 2003
Autumn Special Action for Striking Pirated
Textbooks and Assistant Teaching Materials.
This action was still under way at present. In
August, the NCAC had launched the 2003
Special Action for Striking Pirated Software.
On the first day of this action, 250,000
infringing copies alone of software had been
confiscated in Beijing, Shanghai, and the
provinces of Sichuan and Guangdong. The
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/m1/98/: accessed May 26, 2019), University of North Texas Libraries, Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.