Coatings World - March 2011

China

Administrative Enforcement Action

For administrative enforcement actions, the following is a list of the major players prepared by the U.S. Department of Commerce. This list is not exhaustive, as other agencies, such as State Drug Administration for pharmaceutical counterfeits or the Ministry of Culture for copyright materials and markets may also play a role in the enforcement process. In most cases, administrative agencies cannot award compensation to a rights holder. They can, however, fine the infringer, seize goods or equipment used in manufacturing products, and/or obtain information about the source of goods being distributed. The reader is advised to check closely for possible changes that may have occurred to the various links displayed for each agency.

Administration for Quality Supervision, Inspection and Quarantine (AQSIQ)

China’s standard setting agency is primarily tasked with ensuring Chinese product quality and standards, also handles infringements of registered trademarks, when the infringing products are inferior or shoddy quality goods. AQSIQ also issued administrative regulations regarding protection of geographic indications separately recognized by China.

General Administration of Quality Supervision Inspection and Quarantine (AQSIQ)

10A Chaowai Dajie Beijing, China 100020

Tel: 86-10-6599-3922 / Fax: 86-10-6599-4421 Website: http://aqsiq.gov.cn (Chinese)

State Administration on Industry and Commerce (SAIC), Trademark Office

The Trademark Office, under the State Administration on Industry and Commerce (SAIC) maintains authority over trademark registration, administrative recognition of well-known marks, and enforcement of trademark protection. The Fair Trade Bureau handles disputes arising under the Law to Counter Unfair Competition, including trade secret matters. In enforcement efforts, SAIC has the power to investigate the case. When an infringement is determined, SAIC has the power to order that the sale of infringing items cease and to stop further infringement, order the destruction of infringing marks or products, impose fines, and remove machines used to produce counterfeit goods.

State Administration for Industry and Commerce (SAIC)

Trademark Office

8 Sanlihe East Road Xicheng District Beijing, 100820

Tel: 86-10-6803-2233 / Fax: 86-10-6801-0463

Websites: http://www.saic.gov.cn (Chinese language only) http://www.tmo.gov.cn (Chinese/English)

State Intellectual Property Office (SIPO)

At the national level is responsible for the examination of foreign and domestic patents and supervision of local SIPO bureaus. Provincial offices generally handle the administrative enforcement of patent complaints.

State Intellectual Property Office (SIPO)

No 6 Xitucheng Road Haidian District P.O. Box 8020

Beijing, China 1000088

Tel: 86-10-6209-3268 / Fax: 86-10-6201-9615

Website: http://www.sipo.gov.cn (Chinese/English)

National Copyright Administration of China (NCA)

Responsible for copyright administration and enforcement. NCA is also responsible for nationwide copyright issues, including investigating infringement cases, administering foreign-related copyright issues, developing foreign-related arbitration rules and supervising administrative authorities. Though administrative remedies are available, NCA generally encourages complainants to use the court system due to lack of personnel.

National Copyright Administration of China (NCAC)

85 Dongsi Nan Dajie Beijing, China 100703

Tel: 86-10-6512-7869 or 6527-6930 / Fax: 86-10-6512-7875

Website: http://www.ncac.gov.cn (Chinese/English)

General Administration of Customs (GAC)

The Customs Regulations ban the import/export of IPR infringing goods. In order for Customs to exercise this right, the IP holder must record its IP with Customs. The recorded certificate issued by Customs is valid for seven years and is renewable for seven-year periods. When a right holder suspects infringing goods are about to enter or exit China, he/she may submit a written application to Customs at the suspected point of entry or exist where protection is sought. When Customs’ investigation reveals a case of infringement, it has the authority to confiscate the goods, and may destroy or remove the infringing goods, and impose a fine.

General Administration of Customs

6 Jianguomenwai DaJie Beijing, China 100730

Tel: 86-10-6519-5243 or 6519-5399/ Fax: 86-10-6519-5394

Website: http://www.customs.gov.cn Shanghai Customs: http://www.shcus.gov.cn/apec/index.jsp Tianjin Customs: http://tjc.online.tj.cn/ Guangzhou Customs: http://haiguan.gzfeihua.com/customs.htm