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UPDATED: 09:45,
December 29, 2004
As revealed from the forum on the protection of the intellectual
property right against crimes held the other day by the Ministry
of Public Security the violation of the intellectual property
right in various places in China at present manifests the seven
major characteristics as follows:
1.The total volume of infringement is on the rise with an
increasing amount of money involved. From 2002 to the first half
of 2004, the number of the criminal cases in violation of the
intellectual property right is on the decrease as against the
previous years yet the loss incurred by each single case has
been becoming bigger and bigger.
2.Cases in violation of the patent right of trademarks became
quite prominent. From 1998 to 2003, the public security offices
nationwide made a filing of around 5000 suchlike cases,
accounting for 80 percent of the total filed crimes in violation
of the intellectual property right with an amount of more than
RMB 1.2 billion yuan involved, and making up 64 percent of the
total crimes in violation of the intellectual property right.
Among them, to obtain an extravagant profit by way of faking
famous trademarks has become a very distinctive feature.
3.It witnessed a quicker growth in the cases infringing business
secrets. Some personnel in enterprises provide their new units
with the business secrets they obtained from their original
units and some enterprises even bought over the personnel
concerned with high price, making others' business secrets for
their own use. Some lawless elements even sneaked into unit by
way of employment and when they succeeded in getting the
business secret of the very unit they set up their own business
with it. From 1998 to 2003, the public security offices
nationwide filed a total of 500 cases pirating the business
secret, accounting for 9 percent of the total filed cases in
violation of the intellectual property right with an involvement
of RMB 600 million yuan, making up 32 percent of the total
crimes committed in violation of the intellectual property
right.
4.Part of the areas witnesses relevantly serious criminal
occurrences. A nationwide view tells that the situation is
graver in the east coastal areas than in northwest region
whereas to judge from a localized situation it sees a serious
situation in the economically developed areas than in the
underdeveloped ones.
5.The violation of the intellectual property right covers
extensive walks of life, witnessing a distinctively professional
and sci-tech tendency. The IPR violation has things to do with
many aspects of life and is now by and by sneaking into the
fields of telecommunication, technological market, talents
market, e-business and other newly booming economic sectors.
Now, there came to appear the violation via Internet of business
secrets, encroachment on new-type sci-tech products, faked LCD
screens, faked laser holographic marks, namely the criminal
cases committed by a relatively higher intelligent, scientific
and technological means. This indicates that the infringement of
the intellectual property right is tending towards a
distinctively professional pattern with high sci-tech content.
6.The criminal suspects commit crimes in more hidden and crafty
ways. Very few cases were found committed in smaller workshops
but with a very strict gradation and a clear division of work
among them, forming a streamline work of ¡°production,
product supply and distribution". In this way they break up
the whole into separated ones by way of mobile production and
direct the production by cybernation, featuring a strict
organization with fine sets of equipment and a daily higher
anti-detective alertness.
7.Cross-border crimes were committed quite outstandingly. Some
illicit elements from the outside make goods order through
lawless elements in the inside or they open up a factory inside
to produce faked goods and then ship them outside for selling.
By People's Daily Online
http://english.people.com.cn//200412/29/eng20041229_169041.html
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