Holder urges tougher line on property rights
America's top prosecutor is visiting China this week to discuss co-operation with officials in the fight against counterfeiting and piracy.
Giving the keynote speech at the International Intellectual Property Summit in Hong Kong yesterday, US Attorney General Eric Holder said that certain countries were not doing enough to fight intellectual property infringement.
'The simple truth is that our chain of necessary and desired enforcement is only as strong as its weakest links. Let me be blunt: not every country, not every organisation has done enough. It is time to be clear, it is time to be honest about where we can - and where we must - improve.'
Holder travels to Beijing today to meet officials and discuss efforts to step up bilateral enforcement efforts, including Foreign Minister Yang Jiechi and Standing Committee Member Zhou Yongkang.
Tomorrow, Holder will meet his Chinese counterpart, Justice Minister Wu Aiying, and Cao Jianming , procurator general of the Supreme People's Procuratorate of China.
'I hope we can work to identify the most pressing and perilous gaps in our enforcement mechanisms - and begin taking the steps required to close these gaps, strengthen IP protections and to fulfil the most critical obligations of public service: ensuring opportunity, fostering prosperity, and protecting the safety and health of our people.'
The mainland was the source of 79 per cent of all counterfeit products seized in the US last year, totalling US$204.7 million. While the bulk of pirated goods out of the mainland were fake shoes, clothes, jewellery and electronics, the manufacturing giant produced most of the potentially dangerous counterfeits seized last year.
Imports from the mainland accounted for more than 62 per cent of seized goods that posed a safety or security risk. Hong Kong was sourced to US$26.8 million worth of fake items, or 10 per cent of the total value of seized goods.
Earlier this week, Holder met Chief Executive Donald Tsang Yam-kuen, Secretary for Justice Wong Yan-lung, Supreme Court Chief Justice Geoffrey Ma Tao-li, Security Secretary Ambrose Lee Siu-kwong and ICAC Commissioner Timothy Tong Hin-ming.
The attorney general declined to characterise China's role in worldwide IP infringement.
'I wouldn't want to characterise which country is the worst offender,' he said. '... to single out one country really limits the nature of the problem in a way that is not productive.'
Holder said he expected to have 'frank conversations' with his Chinese counterparts.
'The kind of exchanges I expect to have will be something that will be direct, will be forthright, and they will be no-holds-barred,' he said.
Holder also reaffirmed the White House's position that Nobel Peace Prize recipient Liu Xiaobo should be released from prison.
'I think the case of Liu Xiaobo is an unfortunate one, given his status, his recognition by the Nobel committee. I think it's incumbent upon the Chinese government to react in an appropriate way, consistent with its international treaty obligations and to release him,' Holder said. 'I am not at all certain that this will be something that will come up during the conversations I will have, but President Obama, Secretary of State Clinton and I have all made clear what the US view is of his treatment.'
