Page:Special 301 Report 2008.pdf/32

From Wikisource
Jump to navigation Jump to search
This page has been validated.
  • commend Shanghai for this, initiative and would like to see it copied in other jurisdictions.
  • Shanghai has also instituted a cross-agency, horizontal Case Monitoring System digital database that tracks IPR cases, from initial raids to the transfer of information to the police and prosecutors, to judicial adjudication of a case.

Courts.

  • Industry commends the efficiency of many Shanghai courts. Cases there typically move quickly, usually within 6 months for the first trial, with the courts awarding statutory damages if they find infringement.

Universities. Shanghai authorities recognize that illegal copying of textbooks is an issue at Shanghai universities, particularly in small-scale student-run facilities.

  • Well-known Shanghai universities have reportedly allowed wholesale book copying in on-campus textbook centers. Shanghai authorities should proactively continue to monitor campuses to prevent continuation of this illegal activity.
  • The Shanghai Copyright Bureau reports coordinating with universities to train students on IPR awareness.

Zhejiang Province, a manufacturing hub in eastern China with a large proportion of privately owned production facilities and the major Ningbo port, has been identified over the years as a major distribution center for infringing goods to overseas markets. Right holders have repeatedly drawn attention to the city of Yiwu as an important distribution center for small commercial goods.

Hot Spots. According to industry reports:

  • The cities of Ningbo, Cixi, Yiwu and Wenzhou have been particularly associated with counterfeiting manufacturing and distribution (including export).
  • Industry representatives have noted that counterfeiters have been moving to the smaller cities of Yuhuan and Taizhou in response to increased enforcement efforts in Yiwu, Cixi and Ningbo.

Retail and Wholesale Markets. Zhejiang is home of the China Small Commodities Market in Yiwu, reportedly the world's largest wholesale market.

  • Yiwu officials have set up a coordination body to improve enforcement. They are pursuing closer coordination between industries and the Yiwu government, training for officials on IPR issues, a policy of revoking business licenses for repeat IPR offenders, and employment of undercover Consumer Protection Office investigators to root out underground sales of pirated and counterfeit goods.
  • Industry reports that local enforcement authorities are increasingly responsive to right holders' complaints.

Administrative Enforcement.

  • Industry reports that Zhejiang AIC is one of the most active in helping right holders investigate trademark infringement.
  • The Zhejiang AIC handled 8,403 trademark cases in 2006.

32