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Training and Exchange Meeting on Criminal Protection of Food and Drug Intellectual Property Rights

Create Time:2019-03-07

In order to more accurately grasp the new situation, new characteristics and new trends of crimes of intellectual property right infringements in the food and drug field, further strengthen cooperation between the police and enterprises and improve the effectiveness of criminal protection of intellectual property rights, from Dec. 6th to 7th, 2018 jointly with the Quality Brands Protection Committee (hereinafter referred to as QBPC), the Food, Drug and Environmental Crime Investigation Department of Public Security Department of Shandong Province (hereinafter referred to as FDECID) held the Training and Exchange Meeting on Criminal Protection of Food and Drug Intellectual Property Rights. Personnel concerned from the general office and the second and third branches of FDECID, responsible police officers in charge of the food, drug and environmental crime investigation branches from cities in Shandong Province, the innovative food, drug and environmental crime investigation brigades, county-level leaders and business backbones of the food, drug and environmental crime investigation brigades who have handled the cases involving the member companies of QBPC in recent years, and the representatives from over 40 member companies of QBPC jointly attended this training and exchange meeting.

Ge Wenlei, Captain of FDECID, Steven Wang, Vice Chairman of QBPC and Conan Chen, Chairman of the Best Case Enforcement Committee (BPEC) of QBPC attended the meeting and made a speech. Liu Gang, Vice Captain of FDECID conducted the exchange meeting.

Ge Wenlei pointed out in the speech that FDECID attached great importance to the criminal protection of intellectual property rights. Since last year, Shandong Province had investigated and prosecuted more than 770 criminal cases of infringement in the field of food and drug. Specially, since cooperating with QBPC from last August, the two sides have comprehensively improved many cooperation mechanisms such as those for collaboration contact, clue transmission, inspection and identification and training and exchange, investigated and prosecuted 26 criminal cases of infringement involving the member companies of QBPC. The cooperation model has become more mature and improved, and the cooperation content has been more effective and practical. In next steps, the two sides would deepen cooperation between the police and enterprises under the background of Internet+ mode to realize the interoperability and sharing of enterprise information, Internet data and law enforcement intelligence, improve the power and scope of criminal protection of intellectual property rights supported by big data, boost joint governance and sharing and form a new situation of the criminal protection of intellectual property rights in the field of food and drug.

Steven Wang introduced the overall operation mechanism, working mode and results of brand protection in recent years of QBPC, expressed thanks for the achievements in criminal protection of intellectual property rights in the field of food and drug thanks to the initiative actions of FDECID and put forward proposals of improving the related laws on intellectual property rights, deepening collaboration and cooperation with the law enforcement agencies, popularizing the protection of intellectual property rights in all fields of society and making our international voice heard on more and bigger stages.

Liu Gang shared the working mode of cooperation between the police and enterprises of FDECID, from cooperating with domestic famous brand enterprises in offline fights in the beginning to establishing a good cooperative relationship with many associations such as the Conseil Interprofessionnel du Vin de Bordeaux and International Federation of Spirits Producers, cooperating with Alibaba, JD.com, Tencent and other enterprises to carry out strategic cooperation in fighting against Internet food and drug crimes, and cooperating with 10 third-party companies in food inspection technology related to criminal cases, they have gradually formed the working mode of cooperation between the police and enterprises with characteristics of Shandong to fight against food and drug crimes. Meanwhile he also introduced the working mode of the Public Security Department of Shandong Province to fight against Internet food and drug crimes, reviewed the working process and achievements of fighting against Internet food and drug crimes in cooperation with Alibaba, JD.com, Tencent and Baidu, analyzed the situation, characteristics and trends related to the Internet food and drug crimes in recent years, and put forward proposals for further deepening big data investigation in the future.

During the training and exchange meeting, representatives of QBPC from the industries of food, beverage and wine, pharmaceutical and medical equipment, agriculture (pesticides, seeds) and personal care respectively introduced the basic situation of relevant industries, the trend of infringement, and the characteristics and difficulties of producing and selling fake goods. Some representatives of member companies presented the classic cases of their own industries and fields. Experts from Tencent, Alibaba and JD.com shared and communicated with each other on platform infringement governance, big data anti-counterfeiting and intellectual property rights protection system. The personnel concerned of FDECID introduced the working details, rules of crime and countermeasures of fighting against crimes in the field of food and drug. The food, drug and environmental crime investigation departments of Linyi, Jinan, Qingdao, Jining, Rizhao and Binzhou respectively shared some typical cases of infringement crimes they investigated and prosecuted involving the member companies of QBPC in recent years, The food, drug and environmental crime investigation departments of Yantai and Weifang exchanged experience on the investigation and handling of Internet drug and food related crimes. After the meeting, participants and relevant member companies jointly studied the application of mid-infrared rapid analysis technology in fighting against the agrochemical infringement crimes, and conducted an on-site communication organized by member companies through the identification and display of real and fake samples.

At the end, Conan Chen, the Chairman of the Best Case Enforcement Committee (BPEC) of QBPC made a summary speech with three key words of “Thanks, Cooperation and Outlook”: 1. Thanks. Since QBPC signed the MOU with FDECID in the year 2017, FDECID had handled a total of 26 cases of the members of QBPC since the second half of the year 2017, many of which were of major cases overseen by the Ministry of Public Security of the People's Republic of China, and the protection of intellectual property rights in Shandong province is highly effective. Therefore, we would like to express our high respect and heartfelt thanks to the unremitting efforts and achievements made by FDECID in protecting the legal rights and interests of right holders in accordance with the law and promoting the development and progress of IP protection in China. 2. Cooperation. In the new era of Internet +, from the bilateral cooperation between the right holders and law enforcement departments in the past, to the multilateral cooperation among the right holders, law enforcement departments and e-commerce platform, we make full use of the online data, new technology to promote the offline case investigation and more accurately lock the criminal dens, so as to realize the strike in the whole process, and this is the cooperation connotation under the background of Internet +. 3. Outlook. In view of the many challenges the intellectual property protection faces in the legislative and law enforcement aspects, the QBPC would give full play to its strengths and actively promote the national legislation and law revision work, strengthen the education for consumers and enhance the awareness of protection of intellectual property rights, fully assist the police in handling cases, assist in conducting the investigative tests and support for the product identification; encourage the member units to provide case data and connect and share with the law enforcement intelligence system, connect with the public security and platform data, and check the clues to help for investigating and handling cases; further promote all-dimensional, long-term and effective cooperation mechanisms, not only the cooperation between QBPC and FDECID, but also the multi-cooperation between the working groups of relevant industries and all the branches and brigades to exchange on a small scale the investigation on professional clues and cases, provide opportunities for medium and small sized in-depth exchanges, establish a cooperation mechanism, and create a new situation featuring the initiative action, data sharing, overall settlement of cases and joint governance for intellectual property crimes by all parties and all-around fighting.