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Q: Why do cases of intellectual property (IP) infringement keep emerging despite the Chinese Government's determination to crack down on violations in this regard? What measures will China adopt to prevent IP violation and protect the rights and interests of IP right holders? A: China, as a responsible nation, has been actively promoting IP protection, and has established a complete law and enforcement system for IP protection in accordance with international conventions. China has acceded to major international treaties and conventions on the protection of IP rights, formed a mode giving equal importance to administrative protection and judicial protection, and achieved some progress in investigating and punishing cases of IP violation, cracking down on illegal activities and protecting the legitimate rights and interests of IP holders. The most important aspect is that increasing numbers of Chinese enterprises and customers are realizing the importance of IP protection and are further strengthening protection measures. But why should cases of piracy, IP violation and trademark infringement and counterfeiting keep emerging despite the government's efforts? It's safe to say that this is a problem unsolved in many countries and regions around the world. China operates as a market economy based out of a planned economy and thus has established its intellectual property system only in the last two decades or so. Most people still have a weak awareness of intellectual property, and lack preparedness and experience to participate in market competition, especially international competition. As a result, the problem of IP violation still exists in some regions and fields. In order to reinforce IP protection, the State Council set up the State Working Team for Intellectual Property Protection with Vice Premier Wu Yi as its leader in 2004. The working team, responsible for the coordination and arrangement of IP protection work nationwide, oversees the handling of major IP violation cases. From September 2004 to the end of 2005, a nationwide IP protection campaign is being carried out, during which relevant government departments are demanded to take active measures and strictly enforce the law, crack down on IP violation and punish those responsible for violations in the major fields of trademark rights, copyright and patent rights protection. The campaign is focused on goods import and export, exhibitions and fairs, wholesale markets and other fields flooded with counterfeit production and goods. As well, China has designated the week of April 20 to 26 every year since 2004 to be the "Week of Intellectual Property Protection." This week is devoted to publicizing the importance of IP protection through mass media, as well as the Internet in the form of seminars, contests and advertising, with the aim of cultivating an environment of respecting labor, knowledge, talent and innovation, as well an understanding of IP protection among the public. In December 2004, the Supreme People's Court and the Supreme People's Procuratorate jointly released the interpretation of certain legal questions involved in this campaign, which has had a profound significance on the efficiency of enforcing IP protection in China. Taking into consideration the situation and judicial practice in China, the interpretation lowers the legal standard for IP violation, and improves the practicability of relevant provisions of the Criminal Law, providing specific, applicable legal terms for handling IP-related criminal cases. In the past two decades or so, the Chinese Government has undertaken the tough job of protecting intellectual property and completed a process that took some developed countries several more decades to finish. However, as a developing country with a population of 1.3 billion, the Chinese Government is well aware of the difficulties in establishing a complete IP protection system. China, a country comparatively backward in terms of the economy and technological innovation, still has a long way to go in the protection of intellectual property.
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