Work to strengthen convergence with the interim regulations
First to strengthen public security organs and industrial and commercial administrative organs (hereinafter referred to the two sides) collaboration and cooperation, cracking down on trademark rights to criminal activities, maintaining the market economic order, promote national economic development, according to the "Criminal Law" and "Trademark Law", "Chief Directors organs Act for the transfer of criminal cases "and the relevant laws, regulations, the provisions are stipulated.
The second of the two sides to strengthen the fight against trademark rights delinquency with the interface, including briefings on important clues for crime combating strategy and conferences, in accordance with the law and accept the transfer of alleged violations of trademark rights of criminal cases, to inform each other of violations of trademark rights in illegal and criminal activities of intelligence information, joint Protect the exclusive rights of trademark ownership of the exchange of information and international matters.
The third of the two sides in combating infringement of trademark rights delinquency of convergence with by the public security organs of economic crime investigation departments and administrations of industry and commerce management departments trademark centralized management.
The fourth of the Ministry of Public Security Economic Crime Investigation Bureau (hereinafter referred to Economic Investigation Bureau), the State Administration for Industry and Commerce Trademark Office (USPTO hereinafter), and the provincial and municipal public security organs to economic crime investigation departments and industrial and commercial administrative organs trademark management departments should be established to combat violations of trademark right joint criminal system. Jointly held by the public security organs, the industrial and commercial administration authorities investigate violations of trademark rights of criminal cases for the department and other relevant functional departments in charge composition.
County-level public security organs with the same level of industrial and commercial administration authorities in combating violations of trademark rights crimes convergence ordination mechanism, and in accordance with local conditions to identify specific forms and participating units.
The fifth of the annual convening of a joint meeting, the public security organs, industrial and commercial administrative organs rotation convened meeting held to be responsible for the organization and preparation work. In case of major emergency situation or need joint deployment important, it may convene a provisional joint meeting.
The joint meeting is to sum up the main elements of convergence with the work of development measures and plans to study major in handling the cases, the exchange of trademark infringement against the right of criminal intelligence information. All levels of the decision at a joint meeting, should be submitted to both higher authorities.
The sixth of the industrial and commercial administration authorities in the course of law enforcement and found major violations of trademark rights clues, the same shall be promptly informed the public security organs.
The public security organs were found in the work of trademark infringement case leads an offense should promptly inform the same level industrial and commercial administrative organs.
The seventh of the industrial and commercial administrative organs to public security organs informed clues, it should be accompanied by the following materials :
(1) case (clues) notification letter;
(2) of infringing copies trademarks, logos and other material;
(C) Certificate as evidence, a copy of the document;
(4) other relevant materials.
The eighth of the public security organs should be received from the industrial and commercial administrative organs informed the date of three working days, according to law, informed by the case leads to review and may request the industrial and commercial administrative organs to provide the necessary assistance. The fact that a crime should be prosecuted for criminal liability in accordance with the law decided to file a written notice informed the clues industrial and commercial administrative organs; The fact that no crime, no criminal liability, or whether the right to direct the people's court, the law not to file, the reasons should be stated notify industrial and commercial administrative organs. The need for the investigation and operating conditions, the public security organs with the Administration for Industry and Commerce jointly agreed program of work, the deployment of investigative work.
The industrial and commercial administrative organs should inform the public security organs to accept cases of illegal clues date of three working days, according to law, informed by the review clues that exist trademark infringement and other illegal facts to the law, file a written notice informed the clues, the public security organs; Do not think there is business Standard infringement and other illegal facts, and not to file a written notice informed the clues, the public security organs.
Article 9 of the industrial and commercial administration authorities in trademark cases on file for investigation process, the right suspects in the case, it should be in accordance with the State Council's "administrative law enforcement agencies for the transfer of criminal cases" and the relevant provisions of the public security organs to transfer cases and not to administrative punishment instead of criminal penalties.
The industrial and commercial administrative organs of the transfer case, in principle, be a case of a delivery. If the proposed transfer of a large number of cases, or the case is complex, difficult to grasp the nature of the case, the industrial and commercial administrative organs and public security organs to be discussed conferences. The decision to transfer industrial and commercial administrative organs should produce "the transfer of suspected criminal cases", together with the summary of the material referred to the public security organs.
For the tenth of the work found clues to major cases, the public security organs and industrial and commercial administrative organs can convene a provisional joint meeting and, if necessary, invite other representatives of law enforcement agencies to participate in joint conferences, studying the case and decided against countermeasures, joint crackdown efforts.
The industrial and commercial administrative authorities received reports significant clues, or the scene found significant enforcement cases that the alleged crime, should immediately notify the public security organs, public security organs should have conducted research, investigation work. Both sides think with the conditions of the transfer, should be immediately handed over to the security organs in handling.
Joint work should "precision strikes" and "full combat" policy, and by taking the combined forces of ways to identify the production, sale and manufacture of counterfeit registered trademarks in all the links of plotters, organizers and participants, destroy the entire criminal networks.
"Major cases" means great harm to society, reflecting strong, involving greater value, involving transnational and cross-border criminal gangs or other that the two sides should jointly fight the case.
Article 11 of the public security organs to serve notice on file after three days of industrial and commercial administrative organs to the public security organs should handle the infringement procedures for the transfer of goods and the goods were handed over to the public security organs. Public security authorities requested the scene identification of the goods or goods to collect the necessary samples, the industrial and commercial administrative organs should be actively assist.
Public security organs should not receive timely transfer of goods, by consensus, the industrial and commercial administrative organs can be in accordance with the "Trademark Law" in the provisions of Article 53 of treatment.
Article 12 Public security authorities on whether it constitutes a trademark infringement issues advisory opinions administrations of industry and commerce, should be the same level of industrial and commercial administration authorities found writing, and be accompanied by suspected infringing goods photographs, notes and other material. The industrial and commercial administration authorities should, in the letter received after 15 working days reply, except for the complexity of the case. The administrations of industry and commerce found only on the public security organs in handling cases as a reference.
The case for major, complex, on whether it constitutes a trademark infringement issues advisory opinions and Trademark Office, the local public security organs should first of the Economic Investigation Bureau reported by the Bureau of Economic Investigation and Trademark Office to solicit their opinions.
Article 13 of the public security organs in handling violations of trademark rights of criminal cases process, trademark on the state of retention of the right to the seat of the provincial industrial and commercial administrative organs written inquiries, the industrial and commercial administration authorities should, in the letter received after 10 working days to be back. According to the public security organs may need to request the industrial and commercial administrative organs send personnel to assist industrial and commercial administrative organs should be supported.
Two of the 14 were found to work in the trademark infringement criminal activities in the important intelligence should keep each other informed. The industrial and commercial administrative organs of the personnel and units have repeatedly engaged in the counterfeiting of trademarks, a major criminal suspect, should be promptly informed of the same public security organs.
The 15th of the public security organs, the industrial and commercial administration authorities should, in the course of law enforcement to help strengthen mutual support and may light of the actual needs of the local governments, and public security organs at higher levels, under the leadership of joint special action.
The two sides play to their respective advantages in resources, organize training, advocacy, recognition and other activities. The international law enforcement cooperation should closely cooperate to jointly participate in the international exchange activities.
The 16th of the Economic Investigation Bureau, the Trademark Office to the parties to implement the provisions of the joint supervision; The provinces, autonomous regions, municipalities and public security organs industrial and commercial administrative organs of the area for the implementation of the supervision.
The provisions of Article 17 from the date of publication of trial.
