Basis whole country knows the department law enforcement of property right to work meeting spirit, the State Intellectual Property Office decides to develop " thunderstorm" , " day net" the law enforcement of intellectual property special action. February 4,2008, have printed and distributed " " thunderstorm " , " day net " the law enforcement of intellectual property special action scheme "( following abbreviation "scheme"). Now, deciphering relevant policy is as follows:
What is a major task of " thunderstorm action "?
It is to strike the tort shoddy behavior of intellectual property that" scheme" stipulate the major task of " thunderstorm action ", especially with strike malice, group and the relapse tort of Patent , imitate other person Patent and the serious false behavior of Patent. Every place to select case to send region , is taking food, medicine, agricultural, hi-tech and local industry with advantages and major project as key field , is taking market etc., exhibition and the merchandise distribution centre of circulation link as breach , is taking the case of right owner with strong repercussion and serious circumstances as focal point, increasing law enforcement work , organize vigorously to develop the law enforcement of form many shapes to take action , the special action that passes through one year in, eliminate law enforcement firmly negative push Wei phenomenon, stop local protectionism , form to handle a case actively , efficiency handles a case and cooperates the situation of handling a case , guarantee handles a case to work quantity and quality, rise to wind up a case to lead , develop advantage and the characteristic of the main part of government department of law enforcement fully , defend the legitimate rights and interests of masses of consumer, right owner and innovation main part firmly , improve local investment and innovation environment constantly , strengthen the confidence of all sectors of society for the system of intellectual property further.
2, the major task of " Tian net to take action " is what?
It is that strike is concerned with the fraud behavior of Patent that" scheme" stipulate the major task of " Tian net to take action ". Recently, illegal member or make use of state departments and the names of international organization or nationwide organization to do Patent decide on awards through discussion , the transfer of Patent, from it, defraud money; Or imitating the name of domestic and international legal organization in order to hold fair promise to join show project obtain the means such as award , swindle ginseng show cost; Or lie name the publication excellent project collection or inventor directory of Patent, swindle publication cost. This kind of crimes and illegal acts is not only direct to hurt the economic interests of involved party , influences the person of patent right , the confidence of inventor for the system of Patent, and disturb social order seriously , destroy the reputation of government department. Every place the department of intellectual property will make use of Patent according to the State Intellectual Property Office and the Ministry of Public Security about stern strike decide on awards through discussion etc. means the spirit of the notice that carries out fraud crimes and illegal acts( country knows hair to be in charge of word [ 2007 ] No.26), on former a good work foundation, increasing further work , continue to strengthen the cooperation with the local department of public security vigorously, promote to strengthen criminal means , strike illegal criminal. Every place the department of intellectual property, especially case hair frequently key region, to cooperate with local Public Security Bureau, it is broad that concentrated force measures to investigate and prosecute to be concerned with region , is deceived the case of the bad many, social influences of the masses, establish clue files management system , grind business regularly together to select key case clue; Cooperate with the department of public security actively , combine details of the case to seek accurate point of penetration with propulsion, establish the case to investigate , is taking the fund flow direction of criminal gang as main line , dig crime deeply , shatter criminal network thoroughly.
3 in , " day net action" every place how the department of intellectual property and the department of public security develop across department cooperation?
According to " the State Intellectual Property Office and the Ministry of Public Security about stern strike makes use of Patent decide on awards through discussion etc. means go on defraud the notice of crimes and illegal acts "( country knows hair to be in charge of word [ 2007 ] No.26) spirit, every place the focal point of the department of intellectual property and the department of public security develops cooperation in following aspect:
1, raise ideological knowledge , organize lead vigorously. The different levels departments of intellectual property and Public Security Bureaus will know stern strike fully to make use of Patent decide on awards through discussion etc. go on the crimes and illegal acts of fraud for guarantee the system normal operation of Patent, the positive meaning that promotes technical innovation and protects patent applicant, the person of patent right and inventor legitimate rights and interests will be this and work in order to implement science-based philosophy of development , found socialist harmonious society specific embodiment. To organize lead vigorously , stand on local reality , study that establishment is practical and feasible to strike scheme and make overall disposition conscientiously, pursue level to implement specific task and goal , regular Du Dao inspection, beg to get actual effect. The State Intellectual Property Office and the Ministry of Public Security will work regularly for everying place progress goes on Du check.
2, cooperate vigorously to cooperate , form strike to join effort. The different levels departments of intellectual property and Public Security Bureaus will link up cooperation vigorously, through establishing joint conference system etc., it is machine made to grow effect to cooperate , promote two doors to share in message , case moves to send , daily superintendency and joint investigation etc. develop extensive and thorough cooperation in many ways. When the department of intellectual property receives tip-off or discovery clue, for being suspected for the case that forms crime , will move in time to send Public Security Bureau and makes related coordination to work; Public Security Bureau as move send will accept conscientiously with the case clue that involved party directly offers , investigate actively. The different levels departments of intellectual property and Public Security Bureaus want aim at now illegal member regular transregional region commit a crime characteristic, strengthen the cooperation coordination between region , link up message and unification in time to coordinate , form strike to join effort.
3, strengthen criminal strike, shake to fear law-breaker. It is broad that the different levels departments of intellectual property and Public Security Bureaus want concentrated force to measure to investigate and prosecute to be concerned with region , is deceived the key case of the bad many, social influences of the masses. In strike in action, it will be outstanding and criminal to strike function , conceals sex, mobility, clique winner, as well as the characteristic of low single case fraud amount of money according to this kind of criminal activity , establishes clue files management system , grinds business regularly together to select key case clue. Public Security Bureau will combine details of the case to seek accurate point of penetration , establish the case to investigate , taking the fund flow direction of criminal gang as main line, dig crime deeply , shatter criminal network thoroughly. According to now this kind of criminal activity, is concerned with various charge, just Zhen manage the condition with greater difficulty, Public Security Bureau will be on record in Zhen manage negotiate through various channel and procuratorial organ and judicial communication, strive for support, shake fully using criminal strike means to fear illegal member.
4, propagate vigorously to work , stick out to strike effect
The different levels departments of intellectual property and Public Security Bureaus will develop propaganda fully to work the synthesis of " shake to fear crime and exposure break the law and warn risk and educational the public " efficiencies , regard propagating to work as the important means of striking and guarding against this kind of illegal crime , use television and broadcast extensively , internet , the medias such as newspaper, develop the propagative campaign of multiple level , report in time to strike accomplishment and typical case , issue the case message of advance warning in time. Through media exposure typical case, it is criminal to shake to fear to break the law, through the fraud tactic of exposing illegal member , the self who strengthens patent applicant, the person of patent right, inventor and social the public guards against consciousness and the ability of being on guard. To notice to carry on the propaganda according to patent applicant, the person of patent right and inventor mainly , combine local reality, adopting various flexible convenient ways to develop have specific aim and have the propagative campaign of timeliness.
4 , in" thunderstorm" , in" day net" action, the State Intellectual Property Office as every place the department of intellectual property puts forward which specific requirement?
The State Intellectual Property Office asks to strengthen leading, careful established scheme conscientiously , strengthens cooperation constantly , enlarges propaganda continuously, strengthen energetically Du Dao.
It how to arrange time that 5, " thunderstorm " and " Tian net " take action?
In January 2008, arrange stage to February, to mobilize , requirement everies place the department establishment of intellectual property prints and distributes practical feasible special action the case of implementation side; In March 2008, it is to November , implements for organization, every place the department of intellectual property will organize conscientiously actively to develop special action, ensure special action to fall arrive really place; In December 2008, to summarize honor stage, the State Intellectual Property Office will summarize in time completely according to actual condition, honor is advanced , search problem and extending experience.
