2006年成都市知识产权发展与保护状况


 

THE DEVELOPMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
IN CHENGDU IN 2006

成都市人民政府知识产权办公会议办公室
OFFICE OF JOINT MEETINGS ON INTELLECTUAL PROPERTY RIGHTS,
CHENGDU MUNICIPAL PEOPLE’S GOVERNMENT

 

2006年成都市知识产权发展与保护状况

    2006年,成都市以创建国家知识产权示范城市为契机,加快推进知识产权事业发展,加强知识产权保护,全市知识产权创造、管理、保护和运用能力显著提升,创新创业环境明显优化,为高科技成都建设、促进经济社会又好又快发展提供了有力支撑。2006年,全市专利申请量达9024件,授权量达5133件,专利申请量和授权量继续在全国副省级城市中名列前茅,中西部城市第一;商标新申请量7103件,注册总量累计达43933件,注册总量继续位居西部城市首位;非软件类作品著作权登记达556件,计算机软件著作权登记80件; 3个油菜新材料获国家植物新品种保护授权。到2006年,全市已有成都水井坊酒、龙泉驿水蜜桃、郫县豆瓣、双流冬草莓、温江大蒜、川芎6个产品获得国家地理标志产品保护。
    一、深入推进国家知识产权示范城市创建工作,知识产权综合能力显著提升
    建立健全知识产权管理体系,提高知识产权管理水平。成都市成立了由市长担任组长、3位副市长任副组长,26家单位为成员的创建国家知识产权示范城市领导小组,统筹部署全市创建工作。完善市政府知识产权办公会议制度,协调全市知识产权工作,形成了联动的全市知识产权工作体系。加快知识产权管理机构建设,区(市)县级知识产权管理机构建立面达100%。把创建工作纳入市委、市政府专项目标管理,建立目标任务督查、信息通报和工作联络员制度。
    探索构建知识产权行政与司法保护有机结合的工作机制,加大知识产权保护力度。形成了《成都市知识产权行政与司法保护有机结合机制研究报告》,制定了工作推进方案,着手建立成都市知识产权综合服务信息共享平台,建设知识产权保护预警、办案协作和信息沟通等制度,加快构建具有成都特色的知识产权保护体系。加强专利、版权和商标保护机制建设,建立了基层专利、版权工作站和商标专用权社会监督员制度。探索了建立知识产权保护行业自律和预警机制的有效途径。
    加强知识产权政策法规建设,营造知识产权发展环境。通过地方立法,颁布了《成都市专利保护和促进条例》,于2007年3月1日正式实施。市司法部门出台了《关于进一步加大知识产权司法保护力度促进自主创新能力的意见》。在加强知识产权战略研究基础上,制定并启动实施了《成都市知识产权事业“十一五”发展规划纲要》。
    加强知识产权宣传与培训,提升和普及知识产权意识与知识。组织召开了全市创建国家知识产权示范城市千人动员大会。组织开展了“3·15消费者权益保护日”、“4·26世界知识产权日”等大型知识产权活动,各类群众性宣传活动达50余次。承办2006全国创建国家知识产权示范城市工作研讨会等重大知识产权活动。举办了“医药企业知识产权保护”等培训活动,全年累计开展各类培训122次,培训人员2万余人。大力开展知识产权进企业、进学校、进社会的“三进”活动。
    二、完善专利激励、保护和服务机制,专利创造和运用水平不断提升
    我市专利管理部门,建立健全专利激励机制,鼓励发明创造。2006年,市本级财政及各区(市)县财政设立了专利资助、专利实施等知识产权专项资金,激励专利创造与运用。修订《成都市科学技术奖励办法》,增设政府专利奖,促进专利技术转化。全市专利申请量和授权量快速稳步增长,专利申请量同比增长24.6%,授权量同比增长66.7%。
    加快区域技术创新体系建设,增强企业自主创新能力。推动企业研发机构建设,康弘药业等一批大型骨干企业建立了研究与开发中心,面向重点产业组建了产业技术联盟和公共技术平台,建成了生物医药大型仪器设备共享平台,培育出一批拥有自主知识产权的核心技术。深入开展企事业单位知识产权试点示范工作,指导60家试点示范企事业单位建立健全知识产权制度,提升知识产权创造、管理、保护和运用能力。调查显示,试点示范企事业单位平均专利实施转化率达85%以上,专利产品平均销售收入占总销售收入的比例达65%以上。
    大力发展知识产权中介服务机构,完善知识产权服务体系。扶持知识产权中介机构发展,完善和拓展服务功能,1家知识产权代理机构新增涉外服务业务并获国家涉外代理机构认定。5家专利代理机构成为第一批国内企业知识产权顾问单位。有13人新获国家专利代理人资格,全市获专利代理人资格人员达到151人。目前,全市知识产权中介服务机构达到136家,其中专利代理机构14家。
推动行业知识产权保护组织建设,提高企业专利保护能力。在完善成都春熙商会、家具协会知识产权保护行业维权组织建设的同时,在双流县    新建立了机械汽摩行业知识产权保护联盟,在软件行业协会发起了软件企业知识产权保护倡议。加快建立行业专利数据库,启动4项涉及家具行业及相关企业的专利战略研究。
    加强协作,加大专利联合执法力度。通过协调配合,市级有关部门和各区(市)县联合开展专利行政执法检查41次,检查商品33300件,查处涉嫌冒充专利案件2件,调处专利纠纷案件1件。
    三、加大商标培育和保护力度,注册商标拥有量持续增长
    我市商标管理部门,充分发挥职能作用,建立和完善商标培育机制,加强商标保护力度,全市商标数量快速增长,商标质量稳步提高。2006年,全市商标新申请量同比增长13.6%,注册商标总量同比增长4.6%,培育驰名商标3件,推荐四川省著名商标41件、全年认定(复核)成都市著名商标52件。全市现有中国驰名商标12件,四川省著名商标233件,成都市著名商标160件。
    完善管理体制机制,强化商标监管。继续推行商标许可使用公示制,有130多户商家被授予 “商标许可使用公示牌”;建立商标印制等级管理体系,建立了“成都市商标印制企业信用分类监管系统”,将全市商标印制企业纳入信用等级管理。向社会聘请122名商标社会监督员,发挥社会监督作用。
    开展“商标助农”活动,推动农村经济发展。加大对涉农商标的培育力度,以品牌创新带动农村经济发展,2006年全市农产品商标新申请量达700件,新增农副产品注册商标550件,增长8.1%,目前农副产品注册商标总量达7637件,占全市注册商标总数的17%。
加大行政执法力度,强化商标专用权保护。加大涉及公平交易竞争环境和社会稳定的根本性、基础性案件的查处力度。重点查处了成都力郎顺源酒业有限公司销售假冒中国贵州茅台酒厂有限公司注册商标产品的违法行为。全年共查处各类商标侵权案件537件,罚没入库金额530万元。
    四、进一步完善版权保护机制,文化版权事业健康发展
    我市版权管理部门,建立版权创造激励机制,推动非物质文化遗产发展。率先在全国建立非物质文化遗产领域作品著作权登记资助机制,开发拥有自主知识产权作品120余件。2006年蜀绣作品版权登记120件,蜀锦贸易连创新高。
    完善版权工作机制,加快版权登记量增长。在天府软件园、成都数字娱乐软件园建立版权工作站,指导企业实施版权保护战略、版权资源交流和版权贸易开展。推进我市首批10家企业实现软件正版化。2006年我市软件企业办理软件著作权登记80余件,非软件类作品著作权登记、计算机软件著作权登记较2005年分别增长107%、42%。
    加强版权监管,严厉打击侵权盗版。制定《成都市加强软件著作权保护工作实施方案》,采取自查自纠、日常监管与专项治理相结合的方式,加大对版权市场的监管力度。全年共破获各类非法音像制品大案15起,经营户主动上交盗版音像和计算机软件制品138300件,开展市场检查1458次,收缴盗版音像制品138万余张、盗版软件及电子出版物120万余张,捣毁制作、销售盗版光盘窝点5个,吊销《音像制品经营许可证》70家,办理软件侵权盗版案件5件,查处版权违法案件2件。
    五、加强司法监督,司法公信力进一步提升
    成都市中级人民法院,规范司法保障行为,坚持审判公开公正。落实司法为民措施,努力营造公正高效权威的法制环境。编写完成了《知识产权民事案件诉讼指南》、《成都知识产权案例选》,中国法制出版社出版《知识产权裁判文书选》,制订了《关于进一步加大知识产权司法保护力度,提高自主创新能力的意见》,提出35条措施具体规范司法保障行为。依法审理知识产权民事案件,全年共受理民事案件314件,审结242件;依法严惩侵犯知识产权犯罪,全年共审结侵权案件5件,13人受到刑事处罚。司法认定“地奥”、“天下秀”、“恩威”、“毓婷”四件驰名商标。网上公开裁判文书289份,邀请200余名人大代表、50余名党政机关工作人员旁听知识产权案件庭审。成都中院被最高人民法院肯定为全国法院知识产权审判工作典型。
    加大协作力度,积极提供法律服务。市法院选择典型案例,以重点创新企业、政府相关部门为交流对象,为企业完善自我保护、政府制定政策提供法律参考。市检察院加强督促行政执法机关向公安机关移送,监督公安机关立案侦查。市司法行政管理部门把知识产权法制工作作为依法治市的重点,全年组织律师办理各类知识产权事务153件,组织公证人员办理知识产权公证99件。
    六、强化边境查扣,知识产权海关保护力度加大
    成都海关与公安机关联合下发《贯彻公安部与海关总署〈关于加强知识产权执法协作的暂行规定〉的通知》,严格办案程序,强化办案协作机制。全年在进出口环节共查获侵权案件17件。开展为期四个月的“重点打击利用邮递快件渠道侵犯知识产权行为专项行动”,加强了对进出口邮递物品查验力度和对案件的查处力度,共查处涉及NIKE、JORDAN、LV等一批国际知名品牌侵权案件15件。
    七、严厉打击知识产权违法犯罪,市场秩序进一步维护
    我市公安部门,依法完善工作举措,出台《关于进一步加强打击侵犯知识产权犯罪工作的实施意见》,扎实推进打击侵犯知识产权犯罪的“山鹰”行动,切实维护全市良好的投资环境和社会和谐稳定。全年全市各级公安机关开展各类检查及专项行动76次,破获一起特大涉嫌侵犯著作权案,查处各类知识产权侵权案件99件,涉案金额5600余万元,挡获涉嫌违法犯罪人员236人,逮捕55人,有效地震慑了犯罪,教育了群众,警示了社会。

 

 

 

 

 

 

 


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.





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