Guangdong Highlights IPR Efforts in 2007

UNCLAS SECTION 01 OF 03 GUANGZHOU 000267 SENSITIVE SIPDIS State for EAP/CM - JYamomoto; EEB - AColeman, JBoger State for INL - JVigil USTR for China Office - AWinter; IPR Office - RBae, JRagland; and OCG - SMcCoy Commerce for National Coordinator for IPR Enforcement Commerce for CIsrael Commerce for MAC 3204/ESzymanski Commerce for MAC 3043/McQueen Commerce for MAC 3042/SWilson, JYoung Commerce for NWinetke LOC/Copyright Office - MPoor USPTO for Int'l Affairs - LBoland, EWu DOJ for CCIPS - MDubose DOJ for SChembtob FTC for Blumenthal FBI for LBryant DHS/ICE for IPR Center - Dfaulconer, TRandazzo DHS/CBP for IPR Rights Branch - GMacray, PPizzeck ITC for LLevine, LSchlitt E.O. 12958: N/A TAGS: ETRD KIPR ECON PGOV CH SUBJECT: Guangdong Highlights IPR Efforts in 2007 REF: A) GUANGZHOU 244, B) GUANGZHOU 132 (U) This document is sensitive but unclassified. Please protect accordingly. Not for release outside U.S. government channels. Not for internet publication. ¶1. (SBU) Summary: Reviewing Guangdong Province's progress on intellectual property rights (IPR) enforcement at an April 24 press conference, Intellectual Property Office Director General Tao Kaiyuan announced a new strategic plan aimed at improving IPR conditions. One omission: no plan details. Enforcement statistics for the province - part of the 2007 Provincial Report on IPR - were also released, showing only modest changes from the previous year. IPO officials also highlighted regional cooperation efforts, increased enforcement of internet-based sales of infringing goods and enforcement at trade fairs. New statistics on enforcement gave no indication that protection for U.S. rights holders in Guangdong has substantially improved. End summary. Guangdong's New IPR Strategic Plan -------------- ¶2. (U) At her first press conference since taking office on April 1, Director General Tao Kaiyuan of the Guangdong Provincial Intellectual Property Office (IPO) briefed the press on the provincial government's 2007 Report on Intellectual Property Rights (IPR). Tao also announced the Province's 2007-2020 IPR Strategic Plan but provided few details on what measures the plan would include. Tao said the IPO and other provincial agencies were still working on drafting the implementing rules for the plan. Enforcement Results -------------- ¶3. (SBU) Enforcement actions for each major IPR category were announced at the press conference. Tao revealed that administrative patent disputes numbered 256 (compared to 236 cases in 2006),with 214 cases resolved by branches of the provincial or local IPO. The Administration for Industry and Commerce (AIC) investigated 3,056 trademark-related cases (up from 2,358 in 2006),of which 1,833 involved foreign rights owners, and 31 cases were transferred from administrative to judicial authorities (a disappointing drop from 38 in 2006) for handling in civil or criminal courts. Provincial and local branches of the Quality Supervision Bureau (QSB) investigated 1,801 cases of counterfeiting (down from 2,205 in 2006),claiming the closure of 860 (up substantially from 498 in 2006) counterfeit plants with a value of goods involved worth more than RMB 84 million (USD 12 million.) ¶4. (U) Criminal prosecution numbers were also released. Provincial and local branches of the Public Security Bureau (PSB) investigated 503 cases (up from 396 in 2006) and cracked 345 criminal cases of IPR infringement and product counterfeiting (compared to 288 in 2006),arresting 894 criminal suspects (806 arrests in 2006). Notable cases included: -- cooperation with the FBI and Microsoft to breakup a major counterfeit software ring (ref A),and -- a large operation to disrupt fake domestic cigarette networks. ¶5. (SBU) Guangdong courts received 3,122 civil cases of first instance (up from 2,640 in 2006) and 576 cases of second instance GUANGZHOU 00000267 002 OF 003 (appeals),concluding more than 99 percent of IPR cases received. However, courts only received 86 criminal IPR cases of first instance (a disappointing decline from 116 in 2006),involving 157 criminal suspects, with all 2007 criminal cases concluded before the end of the year. The IPR report also said 1,627, or 52.4 percent, of the court's IPR cases of first instance were settled via court-sponsored mediation (compared to 1,331 cases or 47.9 percent in 2006),including cases where plaintiffs withdrew their complaints. As a possible sign of increased transparency in 2007, Guangdong Province led the country by posting a total of 3,155 effective IPR verdicts on the internet (increasing from 1,418 verdicts in 2006) at http://ipr.chinacourt.org, in a section called China IPR Judgments and Decisions. China's Patent and Trademark Leader for 13 Years -------------- --- ¶6. (U) It was another banner year for Guangdong's patent and trademark filings in 2007. New patent filings in the province totaled 102,449 with 56,451 patents granted during the year, annual increases of 12.7 percent and 29.7 percent, respectively. Invention patents totaled 26,692, with 3,714 granted, representing annual increases of 25 percent and 52.2 percent, respectively. Guangdong Province ranked first in China for patent filings and grants for the 13th straight year; it was also first among provinces for invention patents for the third straight year. ¶7. (U) Tao proudly announced continuing growth in Guangdong's trademark filings with the accumulated number of registered trademarks exceeding 380,000 in 2007. According to the White Paper, the province has ranked first in China for trademark applications and registrations for 13 straight years. In addition, Tao said Guangdong's efforts to promote national and provincial well-known and famous trademarks continued to produce results with Guangdong ranking among the leading provinces in China when comparing the number of nationally recognized brands. Continuing Cooperation with Neighbors -------------- ¶8. (U) Tao highlighted IPR cooperation with Hong Kong, Macau, other provinces and among local governments throughout the Pan-Pearl River Delta (Pan-PRD). She noted that Guangdong and Hong Kong have held six IPR task force meetings since 2003, conducted over 20 joint projects and signed a cooperation agreement for additional projects and seminars to be held in 2007-08. Tao mentioned that a seventh task force meeting is scheduled for July 2008, but the details have not been finalized. In addition, the Guangdong branch of China Customs, working with Hong Kong and Macau Customs, shared over 100 pieces of intelligence concerning IPR protection in 2007. Increased Discussion of Key U.S. Enforcement Concerns -------------- -------------- ¶9. (U) Responding to a journalist's question during the press conference about emerging IPR infringement trends in Guangdong, Li Shanxiong, Director of the Guangdong PSB Economic Crimes Investigation Division (ECID),emphasized his division's increasing attention to internet-related IPR infringement issues, including the sale of infringing goods on internet retail websites. IPO Director General Tao also commented that the Guangdong government had GUANGZHOU 00000267 003 OF 003 increased efforts to enforce IPR at trade fairs in 2007. At last year's two sessions of the Canton Fair, 1,621 enterprises were involved in IPR complaints (compared with 1,045 in 2006),with 991 enterprises identified as infringing others' rights. Guangdong IPO cited 1,077 cases of patent-related disputes across the province for trade fairs and trade associations in 2007, demonstrating increased attention to this category of IPR issues. Comment -------------- ¶10. (SBU) Although a few of the Guangdong government's 2007 statistics show improvement in IPR enforcement, such as the increased number of factories reportedly closed for producing counterfeit goods, other changes from the previous year were disappointing, including the decline in number of cases referred by AIC to judicial authorities and the drop in criminal IPR cases of first instance handled by Guangdong courts. Overall, changes from the previous year were modest, and there is little sign that the business environment for IP rights holders has substantially improved. ¶11. (SBU) U.S. rights holders continue to complain about specific aspects of Guangdong Province's IP enforcement regime, including bureaucratic and sometimes intransigent administrative agencies, non-deterrent civil and criminal penalties for IP infringers, and uneven application of relevant laws and regulations when handling complaints (reftels A and B). Another concern is whether the number and quality of Guangdong's IPR enforcement actions have kept pace with even faster growth in patent and trademark registrations. Despite this, possible improvements for transparency in IPR verdicts and action on key U.S. enforcement concerns might contribute to a more positive environment if the provincial government can sustain these efforts over time. GOLDBERG