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                2010年天津市知識產權保護狀況

                發布時間:2011-05-05      

                 

                 

                 

                2010年天津市知識產權保護狀況白皮書

                天津市知識產權戰略領導小組辦公室

                (二O一一♂年四月)

                 

                2010年是天津市知識產權工作具有裏程碑意義的一㊣年。全市知識產權保護工作在市委、市政府的正確領導下,按照胡錦濤總書記“一個排頭兵”、“兩個走在∞全國前列”的重要要求,各項工作取得突破進展,《天津▂市知識產權戰略綱要》正式發布實施,知識產權促進發展方式轉變和創新型城市建設的戰略地位得到確立,促進知識◆產權保護環境進一步優化,標誌著天津知識產權保護進入新階段

                一、全面推動實施《天津市知識產權戰略綱要》,為加強知識產權保護提供戰略支撐。

                市委、市政府高度重視知識產№權工作,主要領導對知識產權工作多次做出批示。《天津市知識產權戰略綱要》及其《任務分工》於2010年3月1日通過市政府第45次常務會議審議正式發布,成為指導我市今後一段時期內知識產權工作的綱領性文件。市政府召開了知識產權戰略綱要發布暨實施動員大會,全面啟動我市知識產權戰略綱@要實施。一年來,全市各部門、各區縣╳按照《綱要》的部署采取多種措⌒施,積極推進《綱要》的實施市知識產權戰略領導小組辦公室編印了《<天津市知識產權戰略綱要>輔導讀本》和《綱要》單行本,開展了綱要系列宣△講活動,建立了天津市知識產權戰╱略工作信息平臺。全市相關部門、區縣、行業總公司、企業集團制定了戰略實施方案,市知識產權局←牽頭編制完成全國首個省級政府審批的《天津市知識產權“十二五”規劃》。組織開展立法工作並制定√相關配套政策,市政府常務會審議通過《天津市專利促@ 進與保護條例》,市政府辦公廳印發了《天津市專♂利獎評獎辦法》,市文廣局研究制定了《天津市動漫產業人才扶持意見》,市版權局制定了《天津市知識產權“十二五”規劃—版權發展專項↑規劃》,市質監局啟動了《實施名牌戰略“十二五”規劃》、《天津市標準化“十二五”規劃》的編♀制工作,市發展改革委組織開展的《天津市高新技術▃產業發展“十二五”規劃》、《天津市戰略性新興產業發展“十二五”規劃》以及會同市經信委、市科委、市財政局、市地稅局發布了《天津市認定企業技術中心管理辦法》等都將知識產權內容有機融合。市高『級人民法院印發了《關於在知識產權審判中貫徹落實“調解優先、調判結合”工作原則的指導意見》。濱□海新區自主知識產權創造、運用和保護∞能力不斷增強。全市基本建立了協調有序、聯動有力的∞知識產權保護體系,建立了知識產權戰略領導小組等協調機制,全市企業知識產權創造與運用能力得︻到進一步強化,各部門齊抓共管的格局已經形成,統籌協調█能力顯著提升〓,全市知識產權工作進入戰略管理和法制化管理的歷史新階段。

                二、深入開展打擊侵犯知識產權和制售假冒偽劣商品專項行動,知識產權保護環境日益優化。

                按照國務院“開展打擊侵犯知識產權和制售假冒偽劣商品專項行動”的總體部署和市委〇、市政府的要求,成╲立了由兩位副市長為正副組長、全市26個☉部門負責人為成員的市“雙打”專項行動領導小組,市商務委、市知識產權局會同有關部門組成領導小組辦公室,圍繞專項行動工〓作重點,結合全市實際情況,制定《天津市打擊侵犯知識產權和制售假冒偽劣商品專項行動實施方案》。全市範圍內№開展了“以※保護著作權、商標權、專利權和植物新品種權等為重點整治內容,以新聞出Ψ版業、文化娛樂業、高新技術產業、農業為重點整治領域,以圖書、音像、軟件、大宗出口商品→、汽車配件、手機、藥品、種子等為重點產品”的集中整治專項行動市“雙打”專項行動領導小組辦公室從商務、知識產權、工商、版權、質監抽調專人集中在市商務委辦公,加強“雙打”工作的統一協調和組織推動。全市各相關部門分別成立了專項行動↘領導小組,圍繞重點工作與領域制定“雙打”行動工▲作方案,推進全市“雙打”工作。

                專項行動中,市工商局●設立大型宣傳欄106個,投訴工作【站112個,張貼公告935張,出動執法人ξ 員9342人次,檢查經營主體24990戶,檢查各類市場1170次,整治重點區域※525個次。查處案件100余件,罰款43.67萬元。查扣假冒蘭╲蔻等國際知名品牌化妝品數千支,假冒LV箱包200余個,假冒金利來等知名品牌皮帶近千條,查扣各類假酒5216瓶,並將兩名』違法經營者移送司法機關。

                市版權局㊣ 會同市文化市場執法總隊共同開展大規模「拉網式檢查,出動執法△人員900余人次,共檢查經營單位620余家,收繳盜版圖書4300余冊,盜版光盤20000余張,取締無照經營盜版圖書書攤與音像店54處,聯合公安部門↙依法拘留〒6人。

                市知識產權局開展了近年來全市最大規模的打擊專利侵權集中整治執法行動,對群體侵權、反復侵權及★其他惡意專利違法行為進行查處,出動執法人員112人次,檢查商業場所◣42家,檢查產品15萬件對帶有專利標記的八大類近百種商品進行了造冊登記。

                市質監局對汽車配件▓、手機、化肥等重點產品實施拉網式檢查,出動執法人員2402人次,對994家企業☆進行監督檢查,立案查處30起違法案件,查獲違法產品貨值100余萬元,重點企業建檔ξ579家。

                市公安局」開展“亮劍”專項行動,聯合執法20余次,立案8起,破案10起,搗毀生產銷售窩點28個,打掉犯罪團夥5個,抓獲犯罪嫌疑人5人,起訴2人,涉案價值511.74萬元。

                天津海關在專項行動中共查獲∮案件16起,侵權貨物17個批次154萬件,價值24.5萬元。向公安〓機關通報案件線索6起。

                全市檢察機關行動中依法批準逮捕5件6人,起訴5件6人。

                市文廣局、市質監局、市農委、全市法院系統依職權也積極開展了專項行動。全市範圍內“雙打”行動取得了階段性成果,市場環境進一步凈化。

                三、不斷加強專◆利保護,促進專利創造與運用再上新水平。

                專利保護工作圍繞戰略綱要提出的“健全知識產權行政執法體系,加強知識產權司法保ζ 護”的要求,紮實推進,凈化經濟發展和投資環境,有力促進各項∞工作開展。

                知識產權執法體系建設取得新成效。市知識產權局積極打〓造全市知識產權聯合執法和綜合執法協作平臺。分別與市商↘務委、市工商局、市公安局、市文化市場執法總隊、天津海關、市高院等部門開展研討交流,強化部門會商與通報制度,加快建立知識產權執法協調機制。與市高級人民法院Ψ建立知識產權行政保護與司法保護∏工作協作機制,在資源共享、培訓交流、統一執法標準以及聯動調解糾紛等四方◥面加強合作。與市公安局知識產權案件會商◇制度進一步深化,全市首起侵犯專利◆權刑事案件得到判決。

                專利行政保護進一步加強。開展以查處假冒專利為目的的“雷雨”專項執法行①動,以打擊專利詐騙為主要目的的“天網”專項執法行動。行動中出動執法人員213人次,檢查商業場所161次,檢查商品13萬件。2010年上海世博會期間重點檢查了帶有世博標誌的▓專利產品15000多件。全年共審理專利行政案件22件,其中↙專利糾紛案件6件,查處假冒專利案件16件,案件調撤率達到83%,當年↑結案率達到100%。市知識產權維權援助中心提升12330熱線服☉務能力,全年共接待處︾理各類舉報、投訴、咨詢779件,轉交知識產權侵權案件3件。

                各類展會知識產權保護工作不斷深入。市知識產權局、市工商局、市質監局、天津海關等部門聯◆合組成保護知識產權工作站,進駐中國·天津第十七屆投資貿易洽談會等23個大型展會,現場進行知識產權咨詢、舉報投※訴和執法保護,推動全市會展業的健康發展。一年來,全市」集行政保護、司法保護、自我保護等在內的知識產權保護體系基本建立,執法資源的配置日趨科學合理,執法效率得到提∞高。

                專利創造與運用取得新成績。知識產權保護促進了專利的創造和運用。全年專利申請25142件,同比增長31.0%;專利授權10998件,首次突破萬件,同比增長52.4%;有效▅專利達到29672件,同比增長44.6%企業專利申請數量突破13000。市區兩級專利試點企業累計∑ 達到了611家,電力公司等150家企業制定和實施了知識產權戰略。天士力集團、天津〖大學入選全國第一批知識產權示範單位,35家企事業單位成ζ 為國家知識產權示範創建單位與試點單位。700企事業單位實現專利申請“零突破”。全市發明專利實施轉化率達到80%以上。天津大學╲的“雙質體穩定節☉能篩”等10項專利榮獲第十二屆中國專利優秀獎,海鷗手表獲得首屆中國外觀設計優秀獎,獲獎項目數◆量創歷史新高。推動銳意泰克①等24家科技型中小企業獲得專利權質押貸款1.76億元,我市成為國家知識產權局確定△首個知識產權質押融資試點直轄市。

                四、加大商標保護力度,提高註冊商標數量與質量。

                全市工商系統認真貫徹落實《關於實施商標戰略促進經濟∑ 發展的意見》,加強商標保護工作,成績顯著。全年商標註冊申請18500件,註冊商標新增11809件,註冊商標累計ω 達到68703件;馳名商標增加7件, 累計擁有馳名商標56件;著名商標新增176件,延續認定44件,累計擁有著名商標628件。

                深化商標∑戰略實施。制定《商標行政指導工作實施意見》,下發《關︽於加強馳、著名商標保護的通知》,將馳名、著名商標名錄納入全市企業名稱查重數據庫。加強對商標代理行業的監管與業務培訓,提高從業』人員素質。積極開展商標專用權質押貸▼款工作,全市企業通過商標專用權質押貸款達到1.5億元。北辰區、經濟技術開發區被確定為全國商標戰略實施示範城區,天津√天士力制藥股份有限公司、天津天地偉業數○碼科技有限公司被確定為國家商標戰略實施示範企業。

                加大商標專用權保護力度。全市工商系統深化商標專用權保護工作,開展世博會、亞運會標誌專有權等一系列執法行動,共查處各類〖商標違法案件382件,罰款275.7萬元,沒收、銷毀侵權商品2.46萬件,沒收、銷毀侵權商標標識2.36萬件。其中,涉外商標侵權案件34件,罰款14.7萬元。

                推動農產品商標和地理標誌產□ 品商標註冊。引︾導企業推廣“公司+商標+農戶”的產業化經營模式,提高涉農企業∴、農村經濟組織和相關行業協會開展農●產品商標和地理標誌商標註冊積極性,“茶澱”葡萄、“七裏海”河蟹地理標誌證明商標被國家工商總局商標♀局公告核準註冊。開展地理標誌資源普查工作,寶坻“黃莊大米”、漢沽“楊家泊”對蝦等20余件地理標誌證明商標提出註冊申請。

                五、加強著作權管理與保護,嚴厲打擊侵權盜版。

                全市不斷加強∏新形勢下著作◣權管理和保護工作,取得了顯著成效。

                版權行政執法不斷加強。市版權局、市文化市場執法總隊等々部門聯合開展打擊盜版音像制品、打擊網絡侵權盜版專項治理“劍網行動”、世博會版權保護等專√項行動,制定版權保護長期規劃,建立快速反應機制。對天津北方網、天津熱線、酷天津等網站進行檢查與督導。全年收ぷ繳非法音像制品2萬余張,盜版圖書3967冊,辦結2起網絡侵權盜版案件。組織12家出版單位參加第十七屆北京國際圖書博覽會,版權引進73項,版權輸出103項,首次形成版權貿◤易順差。全年審核登記圖書涉外版權合同159個;復錄加工※合同14個;審核電子出版物合同1個。審核引進境外軟件認證10個。

                紮實開展文化市場☉知識產權管理與保護。市文化市場執法總隊緊緊圍繞上海世博會、廣州→亞運會、天津夏季達沃斯論壇等重大活動,開展七大專項工作,取得突出效果。全年出動執法人員60145人次,檢查出版♀物市場和店檔19491個次,取締關閉非法店檔478個,收繳各類非法出版物391819件檢查各類文化經營單位16959家(場)次,對10家違規經營場所責令停業整頓,吊銷《文化經營許可證》1家;查辦文化市場各類案件800余起;拆除非法衛■星電視廣播接收設施800余臺,走在全國前列。4月,在天津人民體育館前廣場舉行了全市規模最大的侵權盜版及非法出版物集中銷毀活動※,共銷毀43萬余張光盤、3萬余冊書刊

                積極開展非物質文化遺產保護工作。舉辦全國非物質文化遺產展示↘會,全國25個省市的70多個國家級№非物質文化遺產項目齊聚津城。天津市非物質文化遺產館建成並開館,集中展〗示全市已公布的110項國家級和市級非遺項目非遺普查工作繼續深入▓,建立完備的非遺項目檔案和數據庫。編輯出版《天津市第一■批非物質文化遺產名錄圖典》,定期舉辦專家講座和代表性傳承人講座,開展天津市第二批非物質文化遺產傳承人評審工作。

                動漫產業發展步入新階段。全市7家企業通過首批動漫企業認【定,位居全國各省市第五【。舉辦首期“中國原創動漫推廣計劃暨天津動漫文化夏令營”。神界漫畫的《四大名著》系列等通過重點動漫產品認∩定,創下全國唯一的單個動漫企業認定作品數量最多的記錄。《三國演義》等入選國家“原創動漫扶持計劃”;猛獁科技被評為“中國創意產業高成長企業100強”;《封神OL》獲中國〗遊戲產業年會“十大最受歡迎原創手機遊戲”獎;《草莓樂園》和《小男生陽帆》被國家廣電總局評為全國優秀動畫片推薦◢作品;全市一批動漫人才脫穎而出。

                六、有效推進地理標誌產品、名牌產品、標準化戰略、WTO/TBT通報咨詢知識產權保護工作。

                全市質監系統結合自身職能,落實綱要精神,地理標誌產品、名牌戰略、標準化戰略以及WTO/TBT通報咨詢等四個主要任務進行細化分解,有效推進各項工作。

                加大地理標誌申報和使用的力度。國家質檢總局發布公告批準薊△縣“天津板栗(天津產區)”和靜海縣“臺頭西瓜”實施地理標誌產品保護的申請;核準了天津市天立獨流老醋股份有限公司“獨流老醋”地理標誌產品保護專用標誌的使用申請。寧河縣ζ義聚永高糧酒、玫瑰露酒、五加皮酒等三種產品獲得了國家地理標誌產品註冊保護。

                大力實施名〗牌戰略。制定並出臺了《天津市名牌產品管理辦法》,召開了天津市名牌產品生產企業表彰會。市實施名牌拳頭產品戰略領導●小組辦公室組織認定了131種天津市名牌產品,截至目前,全市共有308種天津市名牌產品。

                加快♂實施全市標準化戰略。落實《標準化戰略綱要》,完善標準化工作運行機制,建立健全“市場引導、企業自主、政府推動、社會參與”的標準化工作推進機制。一是積極推動企業加大國際標準和國外先ζ 進標準的采標力度,通過消化吸收再創新,形成有自主知識產¤權的技術標準。二是堅持與品牌@ 建設相結合。堅持以技術標準為核心,著力打造品牌的核心價值。

                加強WTO/TBT通報咨詢工作市WTO/TBT通報咨詢⊙中心積極在全市建立國外技術性貿易措施@預警機制,形成定期通報制度。開展了兩期TBT宣傳和知識普及,幫助企業克服國外技術壁壘的』限制,提高國際競爭力。

                七、強化執法,植物新品種保護穩步發展。

                市農委系統明確以農產品保鮮與加工技術等為核心的9大專利(含計算機軟件)技術保護群;以雜交粳稻新品種等為◆核心,建立糧食作物和蔬菜新品種2大植物新品種保護群,紮實進取,促進農業知識產權保護在農業經濟結構調整、轉變經ㄨ濟發展方式中發揮更大的作用。全年新申請植物新品種權7項,授權4項。全市累計申請水稻、小麥、玉米、黃瓜等植物新品ㄨ種權45項。

                依法開展植物新品種權的保護,啟動種子執法年活動,凈化種子市場,全年出動∴執法人員90余人次,執法車輛30余部次,檢查70余家種子經營戶,檢查主要農作物品種120余個,210余批次,非主要農作物300余批次。

                八、加大保護力♀度,海關知識產權保護邁上新臺階。

                天津海關搶抓全市實施知▽識產權戰略綱要的機遇,以加強自主知識產權保護為重點,全面推進海關知識「產權保護再上新水平。全年共查處各類侵犯知識產權案件221起,同比增長130%,查扣侵權貨物706萬件,同比增長203%,價值2283萬元人民幣,同比增長221%,在全國海關知識產權案件中按查獲商品批次、貨物數量和案值分列第8位、第5位和第5位。國際足聯和上海世博會事務協調局分別致函對『天津海關在“FIFA”商標專用權和世博會標誌邊境保護中的工作表示感謝。

                加強自主知識產權保護。天津㊣ 海關多措並舉,重點扶持天津ぷ同鑫、上海鳳凰等自主品牌企業走自主創新之路。引導全市外貿企業註重知識產權的意識,調查、走訪了天津五礦等20家天津地區▆重點出口企業,了解企業在知識產權海關保護方面的需求。年內共查獲侵犯我國自主㊣知識產權的案件36件,同比增長350%,占查∑ 獲案件總數的20%,共保護了全國11個省、直轄市25個權利人的36項自主知識產權。

                健全執〗法機制。制定並實》施《天津海關知識產權保護工作制度》,組建關區知識產權業務聯絡員隊伍,貫徹落實新修訂的《知識產權海關保護條例》,對知識產權保護現場查控有關程序和基本操作展開培訓,提高一線關員執法水平。

                九、采取有力措施,嚴厲打擊侵犯知識產權違法犯罪。

                全市公安系統不斷加大對侵犯知識產權▼犯罪的打擊力度,全年共受理侵犯知識產權犯罪案件19起,其中立案10起,破案6起,涉案總值1178萬元,挽回經濟損失241萬元,抓獲犯罪嫌疑人9名。

                開展知識產權保護專∞項行動。全市公安系統繼續強化知識產權保護,會同市知識產權局、市工商局、天津♀海關等部門開展世博會等打擊侵犯知識產權犯罪專項行動,充分發揮行政執法和司法保護兩條有效途徑並行運作的優勢,對侵權行為多╳發地與相應重點領域開展執法檢查,有效凈化市場環境。

                建立案件移送綠色通道。全市公安系統與知識產權、工商、質監、版權、藥監等行政執法部門溝通聯系,建立“案件移送綠色通道”並設立聯絡員,通過與行政執法部門建立完善調查取證、信息快速查詢和轉遞、重點案件聯合督辦、聯席會議、情況交流通報等機制,積極構建全市打擊侵犯知識♀產權犯罪長效機制,實現行政執法與刑事執法有效銜接。

                十、充分發揮司法保護知識產權的主導作用,權利人與公眾利益得到】有效維護。

                全市各級法院與檢察院積極支持企業自主創新,在轉變經濟增長方式、調整經濟結構工作中,充分發揮職能〗作用,依法打擊各類侵犯知識產權犯罪。

                依法公正高效審理知識產權案件。2010年,全市法院系統共受理各類知識產權案件562件,同比增長85%;結案595件,同比增長127%。審結知識產權一審民事案件515件、刑事案件8件、行政案件1件。公開審理天津頂津食品有限公司與統一企業(中國)投資有限公★司、北京統一飲品ぷ有限公司專利侵權及不正當競爭糾紛案等一批具有較大社會影響的知識產權糾紛案件,依法保護權利人的合法權益,及時有效制裁侵♂權行為。

                加強知識產權案件訴訟調解。認真貫徹落實“調解優先、調判結合”工作原則,把依法調解貫穿於審判工作全過程,主動加強與知識產權行政管理部門和各行業協會的溝通協作,積極開展聯合調解。全年知識產權案件的調解和撤訴率為62%,調撤案件的自動履行率為100%。微軟公司與列奧納多(天津)汽車模具有限公司計算機軟件著作權糾紛→等調撤案件,均∩取得了良好的審判效果。

                規範知識產權案件裁判標準。嚴格依法審判,通過制定指導意見、典型案例指導※、專題調研等方式,有針對性地開展了適用法律疑難問題、新類型案件和重大課題的研究,統一司法認識,規範司法尺度。全年先後開展了關於天津高新科技企業知識≡產權保護問題◤、網絡著作權案件法律適用問題、域名侵權糾紛問題等的研討,制定了《關於審理網絡著作權糾紛案件若幹問題的試行意見》。

                積極參與社會管理創新】。積極探索知識產權保護機制創新,制定《關於加強知識產權民事審判司法建議工作的意見》,強化審判延伸服務▼。發布《2009年天津法院知識產權司法保護狀況》、《2009年天津知識產權審判▆十大典型案例》、《2005—2009年天津知識產權審判大事記》,擴大知識產權司法保護的社會影響。

                嚴格履行檢察職責全市各級檢察機關共依法批準逮捕涉嫌侵犯←知識產權犯罪嫌疑人8人,其中批捕涉嫌假冒註冊商標罪6人,批捕涉嫌銷售假冒註冊商標商品罪2人。依法起訴9人,其中涉嫌假冒註冊商標罪6人,涉嫌銷售假冒註冊商標商品罪2人,侵犯商業秘密罪◥1人。

                建立打擊侵犯知識產權犯罪專案辦理機制組織專人對知識產權犯罪進行研究,建立知識產權案件研討和指導機制,準確界定案件性質和←涉嫌罪名,提前介入指導案件偵查,準確把握逮捕尺度,對符合條件的案件︻依法快捕快訴,確保及時有力打擊侵犯知識產權犯罪。

                十一、加強宣傳培訓,營造知識產權文化氛圍。

                全市各部門、各區縣利用“4.26”世界知識產權日、“12.4”普法宣傳日等積極開展以實施知識產權戰略為重點的宣傳活動。4月,市政府新聞辦公室召開“天津市知識產權戰略綱要與2009年天津市知識產權保護狀況”新聞□ 發布會。舉辦以“實施知識產權戰略,促進經濟發展方式轉變”為主題的“知識產權周”活動,開展論壇、咨詢服務、制作宣傳片等活動,在《天津日報》開設專版,網站△開設專欄。舉辦戰略綱要“百場宣講會”系列活動,發放《天津市知識產權戰略綱要》、《<天津市知識產權戰略綱要>輔導讀本》2000余冊。召開部分市人大代表、政協委員參加的“實施知識產權戰略,提升全市自主創新能力”座談會;編輯印發3萬余字的《專利糾紛—典型↓案例選編》發放給社會各界;市知識產權局與今晚傳媒集團聯●合市律師協會等部門舉辦知識產權保護座談會;舉辦了“企業海外知識產權維權實務”講座;天津海關門戶網舉辦“4.26”主題在線訪談節目;天津海關∮與濱海新區聯合召開“天津市濱海新區外貿企業自主知識產權海關保護推介會”;利用《中華人民共和國著作權法》頒布實施20周年紀念日之機,市版權局、市教委、團市委組織舉辦保護版權主題教育“綠書簽行¤動2010”簽名〓活動與“今日讀正版書、未來做誠實人”頒獎暨贈書儀式;召開“天津市卡◣拉OK版權許可集體簽約暨授牌大@會”;啟動實施天津市工業品外觀設計促進行動和青少年知識產權促進行動,舉辦巡回宣講等近100場。120多所學●校的上萬名學生、2000名設計人員參加行動,促進專利申請近萬件

                全市建立健全了多層次、多渠道、全方位的知識產權教育培訓體系,全年舉辦高等院校領導幹部知識產權研討班、區縣知識產權領導培訓班、市重大項目知識產♀權培訓班等大型培訓活動25次。領導幹部知識產權培訓已經成為品牌培訓活動,在全國引起較大反響。

                不完全統計,全市全年共開展知識產權戰略宣講、論壇、講座、座談會60余場,參加人員超萬人,主要媒體上刊登、播放反映全市知識產權內容的報道、專版1200余篇(次),發送宣傳■資料約2萬多份。開展知識產權培訓103次,培訓1.2萬人次。中央▓電視臺、中央電臺、《科技日報》、《中國知識產權↑報》等國家級媒體多次以專版、專題、通訊等形式報道天津的知識產權工作,全市尊』重知識、尊重創造、誠信守法的良好氛◥圍已逐步形成。


                 

                 

                 

                 

                2010 White Paper on Intellectual Property Rights Protection in Tianjin

                Tianjin Leading Group Office of Intellectual Property Strategy

                 (April, 2011)

                 

                2010 was hailed as a year of milestone significance for intellectual property rights protection in Tianjin. Under the correct leadership of the Party’s Tianjin Committee and the Tianjin Municipal Government, and in accordance with the important requirements by General Secretary Hu Jintao—“One pioneer” and “Two forefront of the country”—breakthroughs were achieved in all aspects of work. The Outline of Tianjin Intellectual Property Strategy was officially promulgated and implemented. As a result, the strategic position of intellectual property rights in promoting the change of development mode as well as construction of an innovative city was finally established, further optimizing the environment for IPR protection. All these signified that the IPR protection in Tianjin entered upon a new phase.


                I. The Implementation of the Outline of Tianjin Intellectual Property Strategy Is Comprehensively Promoted to Provide Strategic Support for Fortification of Intellectual Property Rights Protection.

                The Party’s Tianjin Committee and the Tianjin Municipal Government accorded great importance to intellectual property work. Major leaders made instructions on IPR work for many times. The Outline of Tianjin Intellectual Property Strategy and its attachment— Division of Tasks were examined and passed at the 45th Executive Meeting of the Municipal Government on March, 1st, 2010, thus becoming a programmatic document to guide the IPR work in Tianjin for a period of time to come. The Municipal Government held a mobilization meeting on the issuance and implementation of the Outline of Tianjin Intellectual Property Strategy, initiating on full scale the execution of the Outline. Over the past year, in accordance with the arrangement of the Outline, the Municipal departments, counties and districts took various measures to propel the execution of the Outline. Tianjin Leading Group Office of Intellectual Property Strategy edited and printed A Counseling Reader of the Outline of Tianjin Intellectual Property Strategy and the Outline booklet to carry out a series of publicity activities on the Outline, setting up an information platform for the IPR strategic work in Tianjin. Relevant departments of the Municipal government, districts, counties, general corporations in industries and enterprise groups all formulated plans for the implementation of the Outline. The Municipal Intellectual Property Bureau served as a lead in formulating the first “12th Five-Year Plan” on Tianjin’s Intellectual Property Rights approved by the Municipal Government.Legislation work was organized and implemented and relevant supporting policies were also formulated. For instance, the Regulations on the Promotion and Protection of the Patent in Tianjin was examined and passed at the Executive Meeting of the Municipal Government. The General Office of the Municipal Government issued the Evaluation Methods for Patent Award in Tianjin. Besides, the Municipal Bureau of Culture, Radio, TV and Film made a research and developed Opinions on Supporting Talented Personnel in the Animation Industry in Tianjin. Furthermore, the Municipal Copyright Bureau worked out the “12th Five-Year Plan” on Tianjin’s Intellectual Property Rights—Specific Plan for Copyright Development. And the Municipal Quality Supervision Bureau started the compilation of “12th Five-Year Plan” on Tianjin’s Standardization.The Municipal Development and Reform Commission organized and carried out the “12th Five-Year Plan” on the Development of Tianjin’sHigh-tech Industry and “12th Five-Year Plan” on the Development of Strategic New Industries in Tianjin. What was more, in conjunction with Tianjin Economic and Information Technology Commission, Tianjin Science and Technology Commission, the Municipal Finance Bureau and Local Tax Bureau, the Municipal Development and Reform Commission issued Tianjin Administrative Regulations on Identification of Enterprise Technology Center, achieving an organic integration of intellectual property rights.The Municipal Higher People’s Court issued the Guidelines on the Implementation of the Working Principle—“Mediation First, Integrating Mediation with Sentencing”—in Trials of IPR Cases. In Binhai New Area, the creation, use and protection of independent intellectual property rights were continuously reinforced. An intellectual property protection system was basically established with good coordination and efficient linkage. Also established was a Leading Group of Intellectual Property Strategy as a coordination mechanism. As a result, the abilities of Tianjin’s enterprises to create and use intellectual property rights were further strengthened; and the pattern of concerted efforts of various departments was formed, significantly improving coordination. Tianjin IPR work stepped into a new historical stage of strategic management and legal administration.

                II. Special Actions Aiming at Combating Intellectual Property Rights Infringement and Producing and Selling Counterfeited Goods Are Expanded and Deepened, Increasingly Optimizing the Environment for Intellectual Property Rights Protection.

                In accordance with the overall arrangements of the State Council concerning the Special Action of the Fight against Violations of Intellectual Property Rights and Producing and Selling Counterfeit and Shoddy Goods and with the requirements of the Party’s Tianjin Committee and the Tianjin Municipal Government, a leading group for the special action “Double Fights” was set up, which consisted of leaders from 26 Municipal departments headed by two deputy mayors. Tianjin Municipal Commission of Commerce and the Municipal Intellectual Property Bureau set up a leading group office in conjunction with relevant departments, centering on the focal points of the Special Action. In consideration of the actual situation in Tianjin, An Implementation Scheme for the Special Action of the Fight against Violations of Intellectual Property Rights and Producing and Selling Counterfeit and Shoddy Goods was developed. A special action of concentrated regulation was expanded within the city: the focal regulatory content covered the protection of copyrights, trademark rights, patent rights and new plant variety rights; the focal regulatory fields involved press and publication, culture and recreation, high and new technology industry, and agriculture; the focal regulatory products included books, audio and video products, software, bulk export commodities, auto parts, cell phones, medicines, and seeds.The Municipal leading group office for the “Double Fights” transferred staff from the Municipal Commission of Commerce, the Municipal Intellectual Property Bureau, the Municipal Industrial and Commercial Bureau, the Municipal Copyright Bureau, and the Municipal Quality Supervision Bureau to work in a focalized manner, strengthening the promotion of unified coordination and organization. The related departments under the Municipal Government all set up separate leading groups for the Special Action and created working schemes for the “Double Fights” Action concentrating on the focal work and field so as to improve the “Double Fights” Action in Tianjin.

                During the Special Action, the Municipal Industrial and Commercial Bureau set up 106 large billboards and 112 complaint workstations and 935 notices were posted. The Bureau also dispatched law enforcement officers amounting to 9342 times and checked 24,990 business entities. Altogether 1170 different markets were inspected. The focal areas regulated reached 525 in number. The number of cases investigated amounted to more than 100 pieces with a total sum of penalty of 436,700 Yuan. What were seized were thousands of bottles of fake cosmetics with brands such as Lancome, over 200 counterfeit LV bags, nearly a thousand pieces of belts of fake known brands such as Goldlion, and 5216 bottles of various types of counterfeit wines. Two illegal operators were transferred to the judicial organ.

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                The Municipal Copyright Bureau, together with the Municipal General Team of Cultural Market Law Administrative Enforcement carried out large-scale and sweeping examinations, during which more than 900 law enforcement officers were sent out and over 620 business units underwent inspection. More than 4,300 copies of pirated books and 20,000 pirated discs were confiscated. And 54 book stalls and video stores were banned for unlicensed operation. With the help the Public Security authorities, 6 people were detained according to law.

                The Municipal Intellectual Property Bureau has carried out the largest special action of concentrated regulation in recent years in Tianjin aiming at combating IPR infringement. Vicious patent rights infringements such as group infringement and repeated infringement were investigated and punished. 112 law enforcement officers were dispatched to inspect 42 business places. Altogether 150,000 pieces of products underwent examination. Nearly a hundred commodities of eight categories with patent marks were registered and cataloged.

                The Municipal Quality Supervision Bureau started a sweeping inspection on focal products such as auto parts, cell phones and fertilizers. As many as 2402 law enforcement officers were sent out to supervise and examine 994 enterprises. 30 cases were placed on file for investigation and prosecution. The Bureau seized illegal products worth in excess of 1 million Yuan and filed 579 key enterprises.

                The Municipal Public Security Bureau initiated the special action Sword Draw, during which over 20 joint law enforcement campaigns were carried out, 8 cases were placed on file, and 10 cases were solved. The Bureau destroyed 28 production or sales dens and 5 criminal gangs, caught 5 suspects, and 2 were sued. The amount involved in the cases was 5,117,400 Yuan.

                During the Special Action, Tianjin Customs altogether investigated and dealt with 16 cases. 1,540,000 items of infringing commodities of 17 batches were seized with a total value of 245,000 Yuan. Tianjin Customs also informed to the Public Security Bureau 6 clues of cases.

                The Municipal Procuratorial Organs approved the arrest of 6 people in 5 cases according to law. And 6 people in 5 cases were submitted to the court.

                The Municipal Bureau of Culture, Radio, TV and Film, the Municipal Quality Supervision Bureau, the Municipal Commission of Rural Affairs and the Municipal court system undertook ex officio special actions. As a result, the “Double Fights” action within the city has made progress in the phasal sense and the market environment has been further purified.

                III. Patent Protection Is Continuously Enhanced; the Creation and Utilization of Patents Are Making Amazing Progress.

                As is required in the Outline of Tianjin Intellectual Property Strategy that “IPR administrative law enforcement system should be perfected; the judicial protection of intellectual property rights should be strengthened”, patent protection work centered on this requirement to make solid progress and purify the environment for economic development and investment, thus effectively promoting the implementation of our work on all fronts.

                The building of IPR enforcement system achieved new results.The Municipal Intellectual Property Bureau actively built the Municipal collaboration platform for IPR joint law enforcement and integrated law enforcement. The Municipal Intellectual Property Bureau respectively started discussions and exchange with the Municipal Commission of Commerce, the Municipal Industrial and Commercial Bureau, the Municipal Public Security Bureau, the Municipal General Team of Cultural Market Administrative Law Enforcement, Tianjin Customs, and the Higher Court in order to improve inter-sector consultation and notification system and accelerate the establishment of IPR law enforcement coordination mechanism. In collaboration with the Municipal Higher People’s Court, the Municipal Intellectual Property Bureau created a cooperation mechanism for administrative as well as judicial protection of intellectual property rights, strengthening cooperation between the two in the following four areas—sharing of resources, training and communication, unification of law enforcement standards and joint mediation of disputes. Moreover, the system for consulting intellectual property cases with the Municipal Public Security Bureau was further deepened. The first criminal case of patent infringement sustained a verdict.

                Administrative protection of paten rights was further reinforced.Still in progress were the special law enforcement campaigns entitled “Thunderstorm” and “Skynet” waged by Tianjin IP Bureau. The former focused on investigating and dealing with patent passing off; while the latter concentrated on combating patent defraud. During the campaigns, 213 law enforcement officers were dispatched; 161 business establishments and 130,000 commodities underwent inspection. During the 2010 Shanghai World Expo, more than 15,000 pieces of patented products with the Expo symbol received focal examination. In the year 2010, there were 22 patent administrative cases that were submitted to trial, of which 6 cases involved patent disputes, the other 16 cases of counterfeit patents were investigated and dealt with. The case mediation and withdrawal rate reached 83% and claim settlement rate for the year attained 100%. The Aid Center for Maintaining Intellectual Property Rights enhanced service capacity of IPR protection hotline 12330. In 2010, the hotline received and handled 779 pieces of reports, complaints, and consultation; three cases of IPR infringement were transferred. .

                IPR protection work for various types of exhibitions continued to deepen.TheMunicipal Intellectual Property Bureau, the Municipal Industrial and Commercial Bureau, the Municipal Quality Supervision Bureau and Tianjin Customs jointly formed an IPR Protection Workstation,  stationing in 23 large exhibitions including the 17th Investment and Trade Fair in Tianjin, China to provide services such as intellectual property consulting, reporting & complaints and law enforcement protection on the spot and to promote the healthy development of Tianjin’s convention and exhibition industry. Over the past year, Tianjin’s IPR protection system was fundamentally established which included administrative protection, judicial protection, and self protection. Consequently, allocation of law enforcement resources became increasingly scientific and rational; law enforcement efficiency was improved.

                Patent creation and application made great strides forward.Intellectual property protection promoted the creation and use of patents. Patent applications throughout the year struck 25,142, an increase of 31.0%; 10,998 patents were authorized—the first time exceeding ten thousand—demonstrating a 52.4% year-on-year increase; valid patents reached 29,672, up 44.6%; the number of patent applications by enterprises exceeded 13,000. Pilot patent enterprises at both the municipal and district levels accumulated to 611 in number. Besides, 150 enterprises such as Tianjin Municipal Electrical Power Company developed and implemented intellectual property strategies. Tianjin Tasly Group and Tianjin University were elected the first batch of IPR model units and 35 enterprises and institutions became national IPR demonstration units and experimental units. 700 enterprises and institutions achieved “zero breakthroughs” in patent applications. The transformation rate of patented inventions reached 80% or more. 10 patents including the “stable energy-saving screen of double mass” of Tianjin University were awarded the Twelfth China Patent Award of Excellence. Seagull watch received the first China Design Excellence Award, the number of awards received set records. 24 small and medium-sized technological enterprise including TROITEC had access to patent pledge loan of 176 million Yuan. Tianjin became the first pilot municipality for the pledge financing of intellectual property determined by State Intellectual Property Office.

                IV. Efforts Are Intensified to Protect Trademarks and to Enhance the Quality and Quantity of Registered Trademarks.

                The Municipal industrial and commercial system earnestly implemented Opinions on Implementing Trademark Strategy to Promote Economic Development and doubled their efforts to protect trademarks, making remarkable achievements. Applications for trademark registration totaled 18,500 all the year round; with an increase of 11,809 pieces, the number of registered trademarks amounted to 68,703. Well-known trademarks increased by 7, adding up to a total number of 56. Famous trademarks increased by 176, with 44 renewals of conferred famous trademark, the total accumulated number reached 628.

                The implementation of trademark strategy was deepened. Opinions on the Implementation of Administrative Guidance of Trademarks was formulated. The Notice on Strengthening the Protection of Well-known and Famous Trademarks was distributed, bringing the list of well-known and famous trademarks into the duplicate checking database for the enterprise names in the city. The supervision of trademark agents and business training were efficiently reinforced to improve the quality of relevant personnel. The pledge loan of the exclusive right to use a registered trademark was vigorously conducted. With the exclusive right to use a registered trademark as a pledge, Tianjin’s enterprises had loans summing up to 150,000,000 RMB. The Economic and Technological Development Zone of Beichen District has been identified as national demonstrative district for the implementation of trademark strategy. Besides, Tianjin Tasly Pharmaceutical Co., Ltd and Tianjin Tiandy Digital Technology Co., Ltd, have been identified as national demonstrative enterprise for the implementation of trademark strategy.

                Protection of the exclusive right to use registered trademarks was enhanced. The Municipal industrial and commercial system deepened their protection of the exclusive right to use registered trademarks. A series of enforcement actions concerning the exclusive rights of the Expo and the Asian Games Symbols were carried out. As a result, 382 cases of trademark infringement were investigated and dealt with, the penalty amounting to 2,757,000 Yuan. 24,600 pieces of infringement commodities and 23,600 trademark symbols were confiscated and destroyed, among which, there were 34 cases involving violations of foreign trademarks with a penalty of 147,000 Yuan.

                Registration of trademarks for agricultural products and geographical mark products was promoted. The enterprises were guided to popularize the “company + trademark + farmer” pattern of industrial operation to encourage the initiative of agriculture-relatedenterprises,the ruraleconomic organizationsand relatedindustry associations to register trademarks for agricultural products and geographical mark products. The Trademark Bureau under State Administration for Industry and Commerce has noticed the approval of registering the trademarks for geographical mark products—“Qilihai Crab” and “Chadian Grape”. A survey about the geographical mark resources was developed. Consequently, over 20 applications concerning trademarks of geographical mark products such as “Huangzhuang Rice” of Baodi County and “Yangjiapo Shrimp” of Hangu District have been filed for registration.

                V. The Management and Protection of Copyright Are Strengthened; Infringement and Piracy Are Severely Attacked.

                The Municipality continuously stepped up the management and protection of copyright and resulted very positively.

                Administrative law enforcement of copyright was constantly reinforced.The Municipal Copyright Bureau, together with the Municipal General Team of Cultural Market Law Administrative Enforcement and other related departments jointly launched special actions such as the Expo copyright protection and the “Sword Net” which aimed at cracking down on pirated audio and video products as well as internet copyright piracy. Thus a long term planning was developed for copyright protection and a rapid response mechanism was established. Some websites such as ENorth, Online.Tianjin, and KuTJ were inspected and supervised. Throughout the year, over 20,000 pieces of illegal audio and video products and 3967 copies of pirated books were confiscated. 2 cases of internet copyright piracy were handled and solved. 12 publishing houses were organized to participate in the 17th Beijing International Book Fair, during which 73 pieces of copyright were imported and 103 were exported, achieving copyright trade surplus for the first time. 158 Foreign copyright contracts and14 re-recording and processing contracts underwent examination and registration. One more foreign electronic publication contract was examined and verified. 10 foreign software certifications were examined and introduced.

                A well-knit intellectual property right management and protection were unfolded.The Municipal General Team of Cultural Market Administrative Law Enforcement firmly centered on the major activities such as Shanghai World Expo, Guangzhou Asian Games and Summer Davos Forum in Tianjin to initiate seven special missions, attaining outstanding success. Throughout the year altogether 60,145 law enforcement officers were dispatched and 19,491 publication markets and shops were inspected. As a result, 478 illegal shops were banned and shut down and various kinds of illegal publications amounting to 391,819 copies were confiscated. The inspections of various cultural business units reached 16,959 times( or place); 10 violation business units were ordered to suspend business for rectification. And the “Cultural Operation License” of one business unit was revoked for punishment. Over 800 cases related to the cultural market were investigated and handled; more than 800 sets of illegal satellite television reception facilities were dismantled, pacing the whole nation. In April, 2010 , the largest ever concentrated destruction of infringement pirated products and illegal publications was held in the front square of Tianjin People’s Stadium, during which more than 430,000 discs and over 30,000 volumes of books were destroyed.

                The protection of intangible cultural heritage was vigorously conducted. A national exhibition for intangible cultural heritage was held in Tianjin, witnessing the gathering of over 70 state-level intangible cultural heritage items from 25 provinces and municipalities. Tianjin Intangible Cultural Heritage Museum was built and opened, showcasing the already-published 110 national and municipal intangible cultural heritage items. The survey of intangible cultural heritage items was continued in depth to establish complete archives and database for intangible cultural heritage items. A Illustrated List of the First Batch of Intangible Cultural Heritage in Tianjin was edited and published. Lectures were regularly delivered by experts and representative heritors. The assessment of the second batch of intangible cultural heritage heritors was set off.

                Animation industry entered a new phase of development. 7 companies in Tianjin passed the first batch of animation industry identification, positioning the fifth nationwide. The first Promotion Scheme for China’s Original Cartoons and Tianjin Cartoon Culture Summer Camp was held. Four Famous Chinese Classics which were adapted to cartoons by Shenjie Cartoons passed the Key animation Product identification, hitting a record of the unmatched number of works identified by a single cartoon company. Romance of the Three Kingdoms and other works were selected as the country’s “original animation support program”; and Mammoth Technology Co., Ltd. was awarded “100 High-growth Enterprises in China’s Creative Industries”. Gods OL was awarded “the ten most popular original mobile phone games” by the Annual Conference of the Chinese Game Industry. Strawberry Park and Small Boy Yang Fan were elected “National Recommended Excellent Cartoons” by the State Administration of Radio Film and Television of ChinaSARFT. As a result, a number of animation talents have come to the fore in Tianjin.

                VI. The Protection of Geographical Mark Products, Famous Brand Products, Standardization Strategy, WTO / TBT Notification and Enquiry and Other Intellectual Property Rights Is Effectively Propelled.

                In combination with its own functions, the Municipal Quality Supervision System implemented the Outline and subdivided the four major missions, namely geographical mark products, famous brand products, standardization strategy, and WTO / TBT notification and enquiry to efficiently promote the work.

                The application and usage of geographical marks were intensified.General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China(AQSIQ) noticed the approval of the application to implement the protection of geographical mark products for “Tianjin Chestnut” of Ji County (Tianjin Region) and “Taitou Watermelon”of Jinghai County. AQSIQ also ratified the application by Tianjin Tianli Duliu Mature Vinegar Co., Ltd. to use the special sign for protecting geographical mark products on its product –“Duliu Mature Vinegar”. Yijuyong High-quality Grain Wine, Rose Wine and Wu Chia Pee Wine of Ninghe County were protected by registration as national geographical mark products.

                The famous brand strategy was vigorously implemented. Measures on the Management of Tianjin Brand Name Products was promulgated and announced. A commendation meeting of Tianjin’s manufacturers of brand name products was held. The Municipal leading group office of implementing the strategy of famous and competitive products recognized 131 brand names in Tianjin. As of now, the brand-name products in Tianjin totaled 308.

                The implementation of the Municipality’s standardization strategy was accelerated.Outline for Standardization Strategy was carried out. The operating mechanism of standardization was perfected. And a standardization- promoting mechanism that was led by the market, managed independently by the enterprise, propelled by the government, and participated by the society was established and improved. The first was to actively promote enterprises to reinforce the standard adoptions of international standards and foreign advanced standards; and through digestion and absorption to innovation, technical standards with independent intellectual property right were formed. The second was to insist on the integration with brand building. Technical standards were adhered to as the core and efforts were striven to build the brands’ core values.  

                WTO / TBT Notification and Enquiry were strengthened.The Municipal WTO / TBT Notification and Enquiry Center earnestly established an early warning mechanism for foreign technical trade measures and formulated a periodic reporting system. The center also conducted two activities of TBT publicity and popularization to help enterprises overcome the restrictions of foreign technical barriers and improve the international competitiveness.

                VII. Law Enforcement Is Fortified and the Protection of New Plant Variety Is Steadily Developed.

                Tianjin Municipal Commission of Rural Affairs specifically held a protective group of nine major patented technologies including preservation and processing technology of agricultural products (including computer software) as the core; two major protective groups of new plant variety including food crops and new vegetable variety were set up with new variety of hybrid rice as the core. Solid progress was made in order to give an impetus to agricultural intellectual property right protection and a still greater role it would play in the restructuring of agricultural economy and changing the pattern of economic increase. Till the end of 2010, applications for new plant varieties struck 7, of which 4 were granted. Yearly accumulated applications for new plant varieties including rice, wheat,corn, cucumbers, etc reached 45 in number.

                In accordance with law, the protection of new plant variety was started. Seeds Law Enforcement Year was initiated to clarify the seed market. More than 90 law enforcement officers and over 30 vehicles were deployed to inspect over 70 seed dealers. More than 120 varieties of major agricultural crops belongingto over 210 batches, and 300 batches of non-major crops underwent inspection.

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                VIII. Increasing Protection, the Customs Protection of Intellectual Property Rights Scores a New High.

                TianjinCustomsseizedthe opportunityof implementingthe Outline ofIPR Strategytofocus on strengthening intellectual property rightsprotection, comprehensively promotingthe Customsprotection of intellectual property rights to a newlevel. Throughout the year, Tianjin Customs investigated and prosecuted 221 cases of IPR infringement, demonstrating a 130% year-to-year increase. Altogether 7,060,000 pieces of goods violating IPR were ferreted out, up 203% over the same period of last year, with a total value of 22,830,000 RMB, rising by 221%. Of all the IPR cases in National Customs, according to batches of goods seized, quantities and value involved, Tianjin Customs separately ranked the eighth, the fifth and the fifth. FIFAand the ShanghaiWorld ExpoCoordination Bureau respectively sent a letterto theTianjin Customs to extend their gratitude for Tianjin Customs’ Protection of the exclusive right to use theFIFAtrademarkandthe World Exposymbol.

                Protection of independent intellectual property rights was improved. With diverse measures, Tianjin Customs put stress on supporting such independent brand name manufacturers as Tianjin Tongxin and Shanghai Phoenix to lead a road of independent innovation. To guide the foreign trade enterprises in Tianjin to focus on the awareness of intellectual property rights, Tianjin Customs conducted investigations and visited Tianjin Minmetals and other 20 key export enterprises in Tianjin in order to understand the needs of enterprises concerning customs protection of intellectual property rights. Within the year, Tianjin Customs investigated and dealt with 36 cases involving the infringement of domesticate IPR, up 350%, and which accounted for 20% of the total cases. 36 independent intellectual property rights by 25 right holders from 11 provinces and municipalities were protected.

                Law enforcement mechanisms were perfected.The Tianjin Customs IPR Protection System was developed and implemented. A liaison team for IPR business in customs areas was formed. The newly revised Regulations on Customs Protection of Intellectual Property Rights was put into effect. Training for relevant procedures and basic operations concerning on-the- spot investigation and control in IPR protection was started to improve the law enforcement level of front-line Customs officers.

                IX. Effective Measures Are Taken to Combat Intellectual Property Right Infringement Crimes

                The Municipal public security system constantly strengthened their crackdown on IPR infringement crimes. In 2010, a total of 19 criminal cases of IPR infringement were received, of which 10 cases were placed on file, and six cases were solved, involving a total value of 11.78 million Yuan. 2.41 million Yuan of economic loss was retrieved. Besides, 9 suspects were arrested.

                Special actions for IPR protection were carried out. The Municipal public security system continued to fortify intellectual property protection. In conjunction with the Municipal Intellectual Property Bureau, the Municipal Industrial and Commercial Bureau, Tianjin Customs and other departments, the Municipal public security system carried out special actions aiming at the Expo to combat IPR infringement crimes, giving full play to the advantages of parallel working of two efficient ways, namely the administrative law enforcement and judicial protection. Law enforcement inspections were put in motion where IPR infringement crimes frequently took place and thus became key areas so as to effectively purify the market environment.

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                A green channel for case transfer was set up.The Municipal public security system contacted and communicated with the Municipal Intellectual Property Bureau, the Municipal Industrial and Commercial Bureau, the Quality Supervision Bureau, the Copyright Bureau, Drug Administration Bureau and other administrative law enforcement departments in order to set up a green channel for case transfer and designated coordinators. In conjunction with other administrative law enforcement departments, the Municipal public security system established following mechanisms: perfecting investigation and evidence collection, quick information enquiry and delivery, joint supervision of key cases, joint conferences and information exchange. As a result, a long-term mechanism to combat IPR infringement crimes was actively built and an effective convergence of administrative law enforcement and criminal law enforcement was achieved.

                X. The Leading Role of Judicial Protection of Intellectual Property Rights Is Brought into Full Play. The Public Interest and That of the Right Holder Are Both Effectively Maintained.

                The Municipalcourts and procuratoratesat all levels energeticallysupported theindependent innovation of enterprisesand fullyperformed their functions in thetransformation of economicgrowth patterns and adjustment of the economic structure, cracking down on all kinds of IPR infringement crimes according to the law.

                Intellectual property rights cases were heard in a fair and efficient manner and according to the law. In 2010, the Municipal court system handled 562 IPR cases, up 85%; closed 595, demonstrating an increase of 127%. Conclusion of the first instance civil IPR cases reached 515 in all; eight criminal cases and one administrative case were held. Cases of patent infringement and unfair competition disputes involving Tianjin Food Co.,, President Enterprises (China) Investment Co., Ltd. and Beijing Unified Drinks that had greater social impact were heard publicly. The legitimate interests of right holders were protected according to the law and violations were timely and effectively sanctioned.

                Mediation of legal cases involving IPR was strengthened. The working principle—“mediation first, integrating mediation with sentencing”—was conscientiously implemented. Mediation according to the law was carried out throughout the entire trial process. The Municipal court system also took the initiative to strengthen communication and collaboration with intellectual property administrative departments and various industry associations. At the same time, they actively initiated joint mediation. The mediation of intellectual property cases throughout the year and the withdrawal rate was 62%, and automatic execution rate of withdrawn cases was 100%.  The dispute between Microsoft and Leonardo (Tianjin) Automobile Mould Co., Ltd. over computer software copyright as well as other cases ended in withdrawal, achieving remarkable results.

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                Trialstandardsfor intellectual propertycases were normalized. Cases were sentenced in strict accordance with thelaw.Through the development ofguiding opinions,instruction on typicalcases,thematic investigations, etc., researches were started focusing on the difficulties in suitable laws,newtypes of casesand majorresearch projects, unifying judicialawareness and normalizingjudicialscale. In the past year, the Municipal court system launched seminars on IPR protection in Tianjin’s high-techenterprises, the suitable laws in internet copyright infringement cases, and domain name infringementdisputes. The Trial Guidance on Issues in Sentencing Internet CopyrightDisputeswas formulated.

                The Municipal court system actively participated in social management innovation.Innovative mechanisms for intellectual property protection were earnestly explored. Opinions on Strengthening Civil Trial Proposals for Intellectual Property Cases was formulated to fortify trial extension services. The IPR Judicial Protection in Tianjin’s Courts in 2009 was issued; also released were Tianjin’s Top Ten Typical Cases of IPR Trial in 2009 and Tianjin Intellectual Property Trial Events from 2005-2009. These all expanded the social impact of judicial protection of intellectual property rights.

                Prosecutor duties were strictly executed.The Municipal Prosecution authorities at all levels altogether approved the arrest of eight suspects involved in infringing intellectual property rights according to the law, among whom six were arrested for the crime of counterfeiting registered trademarks, and the rest two suspects were arrested for selling counterfeit goods with registered trademarks. Nine people were prosecuted according to law, among whom six were suspected of counterfeiting a registered trademark, two were suspected of selling counterfeit trademark goods , and one was suspected of infringing on business secrets.

                An ad hoc mechanism was set up to combat IPR infringement.Professionals were organized to do specialized research on intellectual property crime. Discussing and guiding mechanisms for intellectual property cases were established. And the nature of the case and suspected offenses were accurately defined. Furthermore, early intervention was necessary to direct case investigations. An accurate grasp of the arrest scale was also needed.  In cases that meet the requirements, a fast arrest and prosecution according to the law were conducted to ensure timely and effective fight against IPR infringement.

                XI. Publicity and Training Are Energized to Create an Environment for Intellectual Property Culture.

                The Municipal departments, the districts and counties made full use of 4.26 “World Intellectual Property Day” and 12.4 “Law Popularizing and Propagating Day” to energetically carry out publicity activities concentrating on the implementation of IPR strategy. In April, 2010, the Municipal Government Information Office held a news conference concerning the Outline of Tianjin Intellectual Property Strategy and the status of Tianjin’s IPR protection in 2009.The activity “Intellectual Property Rights Week” was organized with the theme—“implementation of intellectual property strategy to promote economic development pattern shift”. Activities were carried out, such as forums, consulting services, and production of promo pictures. A special page was opened in Tianjin Daily, and on the website a special column was set up. A series of activities entitled “One Hundred Seminars” on the Strategy Outline were held. Over 2,000 copies of the Outline of Tianjin Intellectual Property Strategy and A Counseling Reader of the Outline of Tianjin Intellectual Property Strategy were distributed.A forum entitled “Implementing Intellectual Property Strategy to Enhance the Independent Innovation Capacity in Tianjin” was held and participated by delegates of the Municipal People’s Congress and CPPCC members; Patent Dispute—Selected Typical Cases of more than 30,000 words was edited and distributed to the community; the Municipal Intellectual Property Bureau and the Tonight Media Group in conjunction with City Bar Association jointly held an IPR protection forum.A lecture on safeguarding IPR in foreign countries was organized. The official website for Tianjin Customs held “4.26”theme online talk show; Tianjin Binhai New Area and Tianjin Customs jointly summoned a meeting to promote and introduce independent IPR protection by Tianjin Customs for foreign trade enterprises in Tianjin Binhai New Area.On the occasion of the 20th anniversary for the promulgation and execution of the Copyright Law of the People’s Republic of China, the Municipal Copyright Bureau, the Municipal Education Commission, and the Youth League organized a thematic educational activity on copyright protection—Green Bookmark Action 2010 which was in fact a signature campaign and the “genuinely reading the book today, becoming an honest Person in the future” Awards & Book Donation Ceremony. A “Collective Signing of Copyright Licensing for Tianjin Kara OK and Award Conference” was held; the improving action for Tianjin Industrial Designs and Intellectual Property Promotion for the Youth were started, delivering nearly 100 roving lectures. Over 10,000students from more than 120 schools and 2,000 designers participated in the above-mentioned action, as a result of which, nearly ten thousand pieces of patent applications were propelled.

                An IPR education and training system characterized by multi-level, multi-channel, and multi-orientation was established and improved. Till the end of 2010, large-scale IPR training activities amounted to 25 times, including IPR seminars for leaders from institutions of higher learning, training courses for IPR leaders from counties and districts, and IPR training courses on the Municipal major projects. IPR training courses for leaders have become a leading brand of intellectual property training activities, producing a favorable response in the country.

                According to incomplete statistics, various forms of IPR publicity such as IPR strategy forum, lectures, and seminars were held for more than 60 times with over ten thousand participants. What was published or broadcasted in major media that reflected Tianjin’s intellectual property protection amounted to more than 1,200 articles (or times). More than 20,000 copies of publicity materials were distributed. IPR training activities were held for 103 times with 12,000 trainees. CCTV, Central Broadcasting Station, Science and Technology Daily, China Intellectual Property News and other national media repeatedly reported intellectual property work in Tianjin in the forms of feature pages, special report, and messages. A fine atmosphere has gradually come into being that knowledge and creation were revered; honesty and law-abiding were observed.