THE DEVELOPMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
IN CHENGDU IN 2006
OFFICE OF JOINT MEETINGS ON INTELLECTUAL PROPERTY RIGHTS,
CHENGDU MUNICIPAL PEOPLE’S GOVERNMENT
THE DEVELOPMENT AND PROTECTION
OF INTELLECTUAL PROPERTY RIGHTS
IN CHENGDU IN 2006
In 2006, to establish a national intellectual property rights (IPR) demonstration city, Chengdu accelerated its IPR development, enhanced its IPR protection, remarkably improved its capability of IPR creation, management, protection and application, and obviously optimized its innovation and business environment. All these measures provided powerful support to the “Construction of High Technology (Hi-tech) Chengdu”, to the sound and rapid development of chengdu’s economy and society. In 2006, the number of patent applications amounted to 9,024, and that of patent granting was 5,133 — both remained among the firsts in all sub-provincial cities, and the 1st in cities in middle and western China. 7,103 pieces of new trademarks were applied, and the total of registration added to 43,933, ranking the 1st in western cities; the number of non-software copyright registration was 556; eighty computer software copyright were registered; and three kinds of new oil rape was granted as state new plant varieties. Up to 2006, six kinds of products became state products with geographic indication, namely Swellfun liquor, honey peach in Longquanyi District, bean sauce in Pi County, winter strawberries in Shuangliu County, garlic in Wenjiang District, and Chuanxiong rhizome.
I. The Construction of a National IPR Demonstration City Was Accelerated, and the IPR Comprehensive Capability Remarkably Improved
To establish and improve IPR administrative system, and to raise the level of IPR management. Chengdu set up a leading team for the construction of a national IPR demonstration city as an overall administrative body, with the mayor as the Director, three vice mayors as the Deputy Directors, and 26 departments as its members; improved the system of Chengdu Municipal Government IPR Joint Meetings; formed an IPR working network; and accelerated the construction of IPR administrative institutions by setting up IPR management bodies in all districts, cities and counties of Chengdu. The aim of constructing a national IPR demonstration city was listed among the special goals of CPC Chengdu Committee and of Chengdu Municipal Government, and the system of goal supervision, messages notification and liaison was formed.
To enhance IPR protection by combining IPR administration and judicial protection. At present, The Research Report on the Mechanism Combining IPR Administration and Judicial Protection in Chengdu was formulated, and related promotion plans were also drawn up. Chengdu established its IPR comprehensive service and information sharing platform, IPR protection warning system, cooperation system of case-handling, and information communication system, etc.，to accelerated its establishment of an IPR protection mechanism. Chengdu also enhanced its construction of the protection mechanism of patent, copyright, and trademark, established the system of public supervisors in terms of basic-level patent, copyright working station and proprietary use of trademark. Chengdu also tries to explore an efficient solution to set up industrial self-discipline and warning mechanism of IPR protection.
To strengthen the formulating of IPR policies and statutes, and to create an IPR developmental environment. Through local legislation, Chengdu Patent Protection and Promotion Regulation was promulgated and formally enforced on March 1st, 2007. At the same time, the judicial departments issued Opinions on Further Enhancing IPR Judicial Protection to Promote Capability of Independent Innovation. On the basis of reinforcing IPR strategic research, Chengdu IPR Development Outline during the 11th Five-Year Period was formulated and implemented.
To intensifying IPR publicity and training, to exalt IPR awareness, and to popularize related knowledge. Chengdu held a ten-thousand-person mobilization meeting for building a national IPR demonstration city. A series of large-scale IPR activities and varieties of public publicity activities (about 50 times) were carried out, for instance, the International Day for Protecting Consumers’ Rights on March 15th, and World IPR Day on April 26th. In addition, many grand IPR activities were held in Chengdu such as National Forum on Establishment of State IPR Demonstration City. A number of trainings were held such as IPR protection in medical and pharmaceutical enterprises. In 2006, 122 training courses/activities were carried out with more than 20,000 trainees; the “three into” activity was also carried out, that is, IPR into enterprises, IPR into schools, and IPR into society.
II. The mechanism of Patent Stimulation, Protection and Service Was Improved, and the Level of Patent Creation and Application Kept Upgrading
The patent administrative departments in Chengdu established and improved patent stimulation mechanism, and encouraged invention and creation. In 2006, special IPR funds for patent aiding and patent enforcement were set up in the financial departments of Chengdu, and of all districts, cities and counties under Chengdu’s administration, so as to stimulate patent creation and application. Chengdu Municipal Science and Technology Encouragement Methods was revised and a government-founded patent-encouraging prize was also set up to promote transformation of patented technologies. In the whole year, the number of patent application and granting remained a rapid and steady raise, and the former increased by 24.6%, the latter by 66.7% over the previous period.
To accelerate the construction of regional technological innovation mechanism, and to enhance independent innovation capability. During chengdu’s promotion of building R&D institutions in enterprises, a batch of large-scale key enterprises like Kanghong Pharmacy have set up their own R&D centers, built their industrial technology unions and public technological platforms, aiming at their main industries; and also established biological and medical sharing platform of large instruments and equipments, cultivated a batch of core technologies with independent IPR. To further the establishment of IPR experiments and demonstration enterprises/units, Chengdu guided 60 experimental units to establish and improve their IPR systems so as to raise their capability of IPR creation, management, protection, and application. Surveys showed that, the average rate of patent-enforcement transformation in experimental units has amounted to over 85%, and the average sales revenue of patent products covered 65% of the total revenue.
To enhance the development of IPR intermediate service agencies, and to improve IPR service system. Chengdu supported the development of IPR agencies, and helped them to improve and enrich their services. At present, one agency in Chengdu has been authorized and has started its overseas business; 5 patent agencies became the 1st group of domestic IPR consultant units for enterprises. Thirteen individuals were qualified as patent agents, making the number of patent agents in Chengdu to reach 151. Currently, Chengdu had 136 IPR intermediate service agencies including 14 patent agencies.
To promote the establishing of IPR protection organizations, and to enhance their capability of patent protection. While improving the IPR protection organizations like Chengdu Chunxi Chamber of Commerce and the Association of furniture, Chengdu also set up an IPR protection union in machinery, cars and motorcycles in Shuangliu County; and initiated a proposal of IPR protection in software industry. Chendu also accelerated its construction of an industrial patent database, and havs started 4 patent strategic research involving furniture industry and related enterprises.
To reinforce coordination, and to enhance joint patent law enforcement. Through cooperation, related departments in both municipal and district levels carried out 41 times of patent inspection. 33,300 pieces of commodities were examined; 2 cases involving counterfeit patents were investigated and handled, and 1 case of patent dispute was reconciled.
III. The Cultivation and Protection of Trademark Was Enhanced, and the Number of Registered Trademark Increased Continuously
The trademark administrative departments in Chengdu fully exerted their functions to set up and improve mechanism of trademark cultivation, and to enhance trademark protection. In 2006, the number of trademarks increased rapidly; the quality of trademarks rose steadily. In the whole year, the number of trademark application increased by 13.6% over the previous year; the total of registered trademarks increased by 4.6%. Three well-known trademarks were cultivated; 41 provincial famous ones were recommended, and 52 municipal famous ones were reviewed. Till now, there were 12 national well-known trademarks, 233 provincial famous ones and 160 municipal famous ones in Chengdu.
To improve administrative mechanism, and to reinforce trademark supervision. To enforce the system of trademark licensing notification continuously, 130 merchants were conferred “The notification board of trademark licensing”. Chengdu also set up the Grading system of trademark printing and the categorizing and supervision system on the credit of trademark printing enterprises in order to manage the trademark printing enterprises according their grade of credit. 122 public supervisors for trademark were recruited to exert their supervision function.
To promoted the development of rural economy by carrying out activities of “support agriculture with the aid of trademark”. Chengdu enhanced its cultivation of trademarks of agricultural products, aiming to stimulate the development of rural agriculture with brand innovation. In 2006, 700 trademarks of agricultural products were newly applied, and 550 trademarks of agricultural and side-line products were newly registered, increasing by 8.1%. Currently, the number of registered trademarks of agricultural and side-line products has amounted to 7,637, covering 17% of the total of registered trademarks in Chengdu.
To intensify protection of proprietary use of trademark by reinforcing law-enforcement. Chengdu enhanced its handling of basic and fundamental cases involving fairy transaction and competitive environment, and social stability. In 2006, the illegal case of Chengdu Lilang Shunyuan Wine Co., LTD which counterfeited registered trademark products of China KweiChow Moutai Distillery Co., LTD, was investigated and handled. In the whole year, 537 cases of trademark infringement were handled, and an amount of 5.3 million RMB was confiscated.
IV. The Mechanism of Copyright Protection was Further Improved, and the Cultural Copyright Developed Soundly.
The copyright administrative departments of Chengdu established an mechanism of copyright creation and stimulation, and promoted the development of nonmaterial cultural relics. Chengdu was one of the first cities in China that sets up an aiding mechanism of copyright registration in terms of nonmaterial cultural relics, and developed over 120 works with independent IPR. In 2006, 120 pieces of copyright of Shu embroidery were registered, and trade of Shu brocade hit new high.
To improve copyright working mechanism, and to accelerate the increase of the number of copyright registration. Copyright working stations were established in Tianfu Software Zone and Chengdu Digital and Amusement Software Zone in order to guide enterprises to implement the strategy of copyright protection, the conduct exchange of copyright resources, and to carry out copyright trade. The first 10 enterprises were selected to realize the use of licensed software. In 2006, software enterprises registered 80 pieces of software copyright, and the number of non-software copyright registered and software ones increased by 107% and 42% respectively on the previous year.
To reinforce copyright supervision by strictly cracking down infringement and piracy. Chengdu Implementing Plan on enhancing protection of software copyright was formulated, and the supervision on copyright market was intensified by combining self-check and self-correction, routine supervision and special rectification. In the whole year, 15 major illegal production/trades of audiovisual products were tracked down; 138,300 pieces of pirate audiovisual products and computer software were handed in voluntarily by the producers or venders. 1,458 times of market inspection were carried out; 1.38 million of pirate audiovisual products, 1.2 million of pirate software and electronic publication were seized. Five places for the production and selling of pirate CDs were destroyed; 70 operating licenses of audiovisual products were canceled, five cases of software infringement and piracy were dealt, and two illegal cases of copyright were investigated and handled.
V. Judicial Supervision Was Reinforced to Achieve Higher Judicial Credibility
Chengdu Municipal Intermediate People’s Court normalized judicial safeguard, and persisted to open and fairy trial. Chengdu positively fulfilled measures of “judicature for people”, and took efforts to create a fairy, high-efficient, and authoritative legal environment. Guide of Lawsuit of IPR Civil Cases and Selected Cases on IPR in Chengdu were compiled. Extracts from IPR Judging Documents were published by China Legal Publishing House. Opinions on Further Enhancing IPR Judicial Protection and Raise Capability of Independent Innovation was formulated. 35 concrete measures were proposed to normalize judicial safeguard in the extracts mentioned above. In the whole year, 314 IPR civil cases were accepted, 242 out which were resolved. Five cases of IPR infringement were resolved and 13 criminals were punished. Four well-known trademarks such as Di’ao, Tianxiaxiu, Enwei and Yuting (Levonorgestrel Tablets) were judicially confirmed. 289 judging documents were open to the public on Internet; over 200 representatives of the People’s Congress and 50 staff members from the Party Committee and the government were invited to audit IPR trials. Chengdu Municipal Intermediate People’s Court was regarded as a Model of IPR Trial by the Supreme People’s Court.
To enhance coordination, and to provide more legal service. The municipal court selected some typical cases and offered them to the major innovation enterprises and related governmental department for their reference so as to strengthen the self-protection of the enterprises and for the policy-making by the government. The Municipal Procuratorate reinforced its supervision on the transfer of cases from administrative law-enforcement departments to the police, and supervised the investigation of police. The judicial administration departments regarded IPR legal working as their key work, organized lawyers to deal with 153 IPR affairs, and organized notaries to handle 99 IPR notarial affairs.
VI. Border Inspection and Seizure Were Strengthened, and the Customs Protection of IPR Was Reinforced.
Chengdu Customs and the police issued Notice of Implementing Temporary Provisions of Enhancing IPR Law-enforcement Coordination by the Ministry of Public Security and General Administration of Customs, regulated strictly procedure of case-handling, and intensified coordination mechanism. In the whole year, 17 cases of infringement were tracked down in the link of import and export. A special action of mainly striking IPR infringement through postal express was carried out, which lasted 4 months. Inspection of export-and-import postal articles and related cases were strengthened, 15 cases of infringement involving a batch of international famous brands such as NIKE, JORDAN, LV, etc. were handled
VII. IPR Violating Crimes Were Cracked Down Strictly, and the Market Order Was Maintained
In 2006, Chengdu public security department improved its working measures according to laws, issued Opinions on Implementing to further Cracking down IPR Violating Crimes, and launched Mountain Eagle Action which is aiming to crack down IPR criminals, for good investment environment, and the stability and harmony of society. In the whole year, 76 special actions and varieties of inspections were carried out by the public security departments at all levels, 1 especially big case of copyright infringement were uncovered, 99 IPR infringement cases were handled which involved 56 million RMB, 236 criminals were detained and 55 persons were arrested, all of which efficiently frightened criminals, educated the masses and warned the whole society.