BEIJING, April 5 (Xinhua) -- China's top court has
stepped up the fight against intellectual piracy by lowering the threshold to
prosecute people manufacture or sell counterfeit intellectual property products.
A new judicial interpretation issued by the Supreme
People's Court on Thursday states that anyone who manufactures 500 or more
counterfeit copies (discs) of computer software, music, movies, TV series and
other audio-video products can be prosecuted and faces a prison term of up to
three years.
Despite repeated police raids, hawkers of pirated
discs re-emerge on Chinese streets as soon as the anti-piracy campaign begins to
ebb.
The piracy issue has been a sore point in China-U.S.
trade relations and the latest judicial change seems to be aimed at addressing
overseas complaints that the country is too lenient with IPR violators.
According to judicial sources, courts around China
settled 17,769 IPR protection cases in 2006. But most of these cases were
handled by civil courts. There were only 2,277 criminal prosecutions, with 3,508
people convicted.
The new rules, jointly prepared by the Supreme
People's Court and the Supreme People's Procuratorate, also widen the definition
of a "serious IPR offender" -- anyone who produces more than 2,500counterfeit
copies can now be thrown into jail for up to seven years.
The rules are effective immediately, the top court
said. They replace the 2004 rules whose net only extended to infringers who
produced 1,000 pirated discs and which defined "serious offenders" as those who
produced over 5,000 copies.
Critics expect a new surge of IPR cases in Chinese
courts now that the new rules have come into effect. They constitute a stern
warning to pirates that the government will not go soft on IPR infringement.
Sources with the Supreme People's Court said they
made the change in order to deal with "new problems" in the crackdown on piracy.
"The courts will extend the protection of
intellectual property rights and play to the full their role in punishing
infringers and preventing crimes," a court spokesman said.
To fight rampant piracy, China lowered the
counterfeit product threshold in 2004. Official statistics show that IPR cases
that came to court in China rose 28 percent in 2005, the first year of the new
rules.
That year, a total of 3,567 cases concerning the
manufacture of fake products and illegal sales of pirated products went to
criminal courts.
Courts have also been instructed to raise fines for
convicted counterfeiters. "Fines can range from one to 15 times the illegal
gains, or from 50 to 200 percent of the business turnover," according to the new
judicial interpretation.
This will be welcome news to those who complain that
monetary punishments for piracy violators are too low and that "the cost of IPR
crime" remains low.
In January, the top court issued a notice ordering
stricter penalties for IPR violators, saying "all illegal gains and
manufacturing tools of IPR violators should be confiscated and their pirated
products destroyed."
The new rules also tighten the rules on the granting
of probation.
In another measure to cast the anti-piracy net wider,
the top court has instructed IPR criminal courts to accept litigation cases
filed by individual piracy victims, in addition to those filed by procurators.
The judicial change came as the state announced big
seizures of pirated products and said it plans to improve the transparency of
IPR trials by allowing foreigners to sit in.
Envoys of foreign governments and representatives of
international organizations will be allowed to attend IPR trials if they wish,
said Jiang Zengwei of the State Office of Intellectual Property Protection on
Wednesday.
This will be the first time overseas representatives
have been allowed to attend public IPR trials, an official from the top court
told Xinhua.
Major trials will be publicized in the media.
Meanwhile, in the largest single crackdown on CD and
DVD piracy in China's history, more than 1.81 million pirated CDs and DVDs were
seized in a production factory in Guangzhou, capital of south China's Guangdong
Province on March 17, the government announced on Tuesday.
Thirty production machines in 11 warehouses were
confiscated and 13 people arrested in the case.
But a circular from the police authority said the
fight against piracy was still very arduous, and should be a priority for public
security departments nationwide.
The government has launched a "spring campaign"
against illegal and pirated publications that will last until May.
People providing information about piracy crimes that
lead to convictions can be rewarded by the police.