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                2013年天津市知識產權保護狀況

                發布時間:2014-04-28      

                  

                 

                 2013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一四年四月)

                  

                  2013年天津市知識產權▓保護工作全面貫徹落實黨的十八大Ψ精神,在市委、市政府的正確領導下,圍繞中心,服務大局,以科學發展為主題,以經濟發展方式轉變和創新驅動發展為主線,深入推進知識產權戰略,加大執法力度,加強執█法協作,圓滿完成了東亞運動會的知識產權保護工作,各項工作成效顯著,知識產權保護社會滿意度全國第一,為全面深化改革,加快美麗天津建☉設,促進經濟社會可↘持續發展提供了堅實有力的保障。

                  一、深入推動《天津市知識產權戰略綱要》,加強知識產權保護機制建設

                  全市知識產權戰∑ 略協調機制進一步完善,市知識產權戰略領導小組制定了《天津市知識產權▼戰略實施評估工作和<天津市知識產權戰略推進計劃(2014—2016)>制定工作方案》,完成了知識產權戰略實施階段性評估,對全市知識產權戰略實施進展和成效進行客觀評價,形成了總評估報告,得到國家知識產權戰略部際聯席會議辦公室的高度肯定。市知識產權局積極會同市發改委、市☆經信委等13個部門研「究制定了《天津市加強知識產權工作促進戰略性新興產業發展的實施意見》,以市政府辦公廳文件形式印發各部門、各區縣實施。出臺《天津市關於加強知識產權人才隊伍建←設的意見》、《關於加強科技型中小企業▆知識產權工作的意見》、《天津市加快知識產權服務業發展的實施意見》,繼續開展市、區兩級知識產權發展水平ζ監測工作,深入◣推進國有控股企業集團制定和實■施知識產權戰略,促進知識產權保護水平提高。市版權局與市軟件正版化工作檢查組成〖員單位共同制定實施了《天◣津市政府機關軟件資產管理辦法》、《政府機關購買計算機必須配備正版軟件辦法》,並出臺《天津市企業軟件正版化檢查程序和檢查標準》,指導企業軟件正版化工作。市文化市場行政執法總隊通過召開聯席會議,制定了案件查辦協作、聯合封堵、應急預案等相關制度,進一步推動了文化市場知識產權保護工作。市農委制定了《天津市實施<中華人民共和國種子法>辦法》、印發了《關於以‘天津市農村工作ω 委員會’為主體做好執法工作ζ的通知》。天津海關自主開發的“天津海關知識產權保護管理平臺”正式啟用,提高了執法效果。公安機關積極建立健全“兩法”銜接工作機制,堅持“打建結合,以打促建”,采取切實有效╳措施,紮實推進與行政執法部門和檢法等司法部門的協作。各級檢察機關充分發揮檢察職能作用,建立了查辦侵※犯知識產權案件等月報制度。市高法建立監督指導的長效機制,總結工作∞經驗,分析存在問題,提出解決思路和對策,進行及時有針對性的監督指導,制定了《審理侵害商業秘密案件○的試行意見》,指導商業秘√密案件的審理。

                  二、加大知識產權保護力度,嚴厲打擊侵犯知識產權和制售假冒偽劣商品違法犯罪行為

                  2013年,全市繼續深入開展“雙打”專項行動,按照國務院總體部署和《天津市進一步打擊侵犯知識產權和制售假冒偽☆劣商品工作的意見》安排,將打假專項行動常態化、完善兩法銜接部門工作機制,突出“兩個環節、兩個領域和三個區域”工作方針,凈化市場、保障民生,提高天津【城市國際競爭力。全市各行政執法和刑事司法單位共出動執法人員97441人次,檢查企業50230戶,立案3871件、審查嫌疑人2575人,搗毀窩點2084個,涉案金額3.47億元,批準逮捕42件62人。相繼查處了一批侵犯知識產權和制售假冒偽劣的典型案件,有力震懾了★違法分子的囂張氣焰,維護了市場有序穩定。保護工作力度的不斷加強有效促進了全市知識產權的創造、運用、管理等工作。2013年全市有效專利達到」68540件,商標註冊申請20733件,審核登記↙圖書涉外版權合同321個,232種產品獲得天津名牌稱號,新增植物新品種權申請16件,全市知識產權數量再創歷史新高。

                  (一)專◤利行政保護再上新臺階

                  1、加強專利行政執法

                  市知識產權局組織全市執法人員開展知識產權執法維權“護航”專項行動,積極推進省市間執法協作,暢通案件移送渠道。推動區縣開展專利執法,組織全市各區縣在傳統節⌒日、4.26宣傳周、科技周、專利周期間,對193家大型商業場所進行執法檢查。啟動濱海新區專利專項執法,加強農資農具▆、食品、藥品、日用品、建材、電子產品檢查,對凈化濱海新區市場環境起到了積」極作用。全年共組織執法檢查385人次,檢查商品近13.8萬件。立案查處各類專利案件143件,案件量同比增長86%,當年結案率100%,有力打擊了侵權假冒行為。

                  2、開展展會維權

                  圓滿完成重大活動知識產權保護任務,通過開展知識產權服務宣傳、執法檢查、法律咨詢等系△列工作,強化了全市展會期間知識產權監管,增強了展會㊣ 舉辦方、參展商及社會公眾的知識產權保護意識。進駐東亞運動會等全市各類大型展會29個,接待投訴、法律咨詢近3000人次,發放各類宣ㄨ傳單(冊)近萬份,得到組委會△的表揚。

                  3、做好維權援助

                  積極辦好12330知識產權舉報投訴與維權援助熱線,全年共接待處理各類舉報、投訴、咨詢1589次,權利人的合法權益得以保障。開展知識產權服務工作,組織行業★協會、律師協會以集中座談和單個走訪相結合方式,為科技企業提供維權服務,受到企業的好評。

                  4、提高權利人自我□ 保護能力

                  積極幫扶科技型中小企業,指導企業開展△風險診斷,為德凱化工等122家企業進行了對口幫扶,促進了企業知識產權保護能力的提高。深入開展知識產權保護試點,培育專利保護●能力突出,具有較強市場競爭能力的領軍企業,試點單位初步建立起專利糾紛的應對機制和工作體系,積極開展專利預警分析工作。

                  (二)商標專◆用權保護再上新水平

                  1、加大商〓標行政執法力度

                  市工商局組織開展了以酒類市場為重點的專項治理行動,以馳名商標、著名商標、涉外商◎標為重點,查辦仿冒知名商品特有的名稱、包裝、裝潢等“傍名牌”不正@當競爭行為,打擊利用互聯網銷售侵權商品等專項治理行動10余次。2013年全市共出動執法人員28569人次、檢查經營主體56381戶次、查處案件283件、案值824.08萬元,罰款609.15萬元,沒收、銷毀侵權商品45281件,沒收、銷毀侵權標識9942件。

                  2、協助本市馳、著名商標企業商標確權歸屬

                  協助本市馳、著名商標企業確權歸屬做出了大量卓有成效的工作,促進了◆天津經濟社會發展。2013年共協助“大橋”等15戶企業,成功取得商標爭議、異議、核準註冊案件的確權歸屬;“蘆臺春”、“飄香”等10余件商標正在按照《商標法》法律程序進行審理爭議、異議ξ 過程中。

                  3、充分提升“科技小巨人”運用和保護商標的能力

                  全市商標系統將科技型企業商標申請註冊工作作為全年工作重點,並結合“4.26世界知識產權卐日”活動積極開展宣傳,經過努力,達到了年初提出的“科技小巨人企業商標註冊申請率達到80%以上,科技型企業商標註冊申請率達到30%以上”的目標。

                  4、推動新《商標法》實施

                  為配合新《商標法》頒布實施,提高企業商標註々冊、運用、管理、保護和發展水平,市工商局組織有關專家歷時半◥年編制了《企業商標實用指南》,對商標相關知識做了詳細的分析、梳理,面向企業全面介紹商標知識。該書連同國家工商總局編寫的《中華人民共和國商標法釋義》等書免費向全市馳▓著名商標企業和商標協會會員發放。

                  (三)著作權保護得到新提高

                  1、加大版權執法力度

                  市“掃黃打非”辦公室會同◥市版權局、市文化市場行政執法總隊以強卐化日常監管為基礎,以開展專項行動為平臺,加大版權執法力度,著力打擊侵權盜版,堅決查辦大案要案,積極開展宣↘教活動,為推動美麗天津建設營造了良好的社會文化環境。全年市、區兩級文化市場行政執法機構共出動執法人員14949人次,檢查出版▼物市場3431家次,檢查印刷※復制企業2023家,查處各類案件184件,刑事處罰34人,收繳侵權盜版和非法出版物6.3萬余件。在年終考核中獲全國文化執法十大案件1個、重點案件2個,在全國案卷評查≡中獲得一等獎1個、二等獎2個、三等獎1個,位列全國第二,“掃黃打非”工作連續六年獲得全國先進,文化執法考核連續三年獲得優秀。全國“掃黃打非”辦等五部委聯合掛牌督辦的“9.05非法印刷發行圖書案”已經辦結,國務院專項工作快報給予充分肯定並獲得全國文化執法十大案件稱號。

                  2、保護☆著作權人合法權益

                  為提高著作權人的自我保護意識,我市同時建立了四家作品登記部門,加大了著作權保護力度,不僅←促進了版權產業發展,進一№步加快了無形資產的轉化過程,而且鼓勵相關網絡企業和著作權人加強合作,主動向社會公開作品權利信息等,方便使用者查詢作品權利歸屬狀況,形成“先授權、後傳播”的版權傳播秩序,避免侵權糾紛,規範▃了網絡經營行為。2013年,審核涉外版權合同321個,版權輸出154個,復錄加工合同10個,電子出版物合同2個,審核引進境外軟件認證19個,軟件登記3000個,作品自願登】記87個。

                  3、深入〖推進軟件正版化

                  市版權局作為天津市推進使用正版軟件工作牽頭單位,全年推動市級50個政№府部門在2012年完ξ成軟件正版化工作任務的基礎上,又新購操作系統軟件797套、辦公軟件344套、殺毒軟件1007套。

                  按時保質完成了16個區縣733個政府機關軟件正版化工作,組織召開區縣政府機關軟件正版化技術培訓會,制作印發《軟件正版化情況摸底調查表》、《區縣政府機關軟件正版化ω 必備文件的通知》,統一政府機關軟件正版化工作文件模板,先後4次對區縣政府機關軟件正版化工作進行檢查督導,共計投入軟件采購↓資金近1900萬元,全部完成了我市區縣政府♂機關軟件正版化檢查整改任務。

                  積極推進企業軟件正版化工作,出臺了《天津市企業軟件正版化檢查程序和檢查標準》,對我市企業軟件正版化工作進行標準化指導,對勘察設計企業使用正版軟件情況進行檢查。

                  4、加強非物質文化遺產保護

                  市文化廣播影視局認真貫徹落實國家和天津市知識產權戰略綱要,深入進行非遺普查工作,市非遺中√心對我市18個區縣的非遺普查線索和記錄進行了整理和歷史○比對,重新挖掘、整理和采錄了一批新的重點項目。整理、編輯和出版了《天津市第二批非物質文化遺產名錄圖典》和部分《天津市非物質文化遺產』名錄圖典·區縣卷》。非遺項目及傳承『人認定工作有序開展,我市目前國家級非物質文化遺產代表性項目達到22項,市級非物質文化遺產代表性項目的數量︾達到了157項,區縣級非物質文化遺產代表性項目數量達到了609項。初步建立起了三級保護名錄體系,為我市非物質文化遺產依法保護、科學保護奠定了基礎。

                  (四)名牌、地理標誌產品工作得到新擴展

                  1、加大打假★執法力度

                  全市質監系〓統通過督促企業落實產品質量主體責任,嚴格市場準入,加強產品質量監管,加大執法打假力度,狠抓大︽案要案,積極推進建立健全長效機制,取得了顯著成效。全年共出動執法人員34522人次,檢查企業13874家,立案查處245起違法案件,查獲違法產品貨值2116.31萬元,搗毀窩點98個。

                  2、名牌產品數量、領域不◤斷擴大

                  大力扶持科技型中小企業創建名牌產品,加大對區域優勢、骨幹企業的名牌培育力度,探索∮服務名牌認定工作,首〓次將驗配眼鏡產品納入天津名牌認定範疇。出臺了2013年名牌產品申請標準,進一步發揮政策引領作用,引導企業重視和提高質量效益,爭創名牌產品。2013年,全市共有197家企業的232種產品獲得天津名牌稱號。其中,科技型中小企業106家,比重達到53.8%。截至目前,全市天津名牌產品總量達到519種。

                  3、積極開展地理標誌產品保護≡和WTO/TBT通報咨詢工作

                  積極開展地理標誌產品保護,進一步提高天津產品知名度和附加值。市質監局將薊縣的州河←鯉和紅花峪桑葚作為2013年的申報重點,深入挖掘產品的特色和歷史文化傳統,使州河鯉和紅花峪桑葚都順利通過國家質檢總局組織召開的地理標誌產品保護技術審查,2013年11月州河鯉已批準實施地理標誌產品保護,成為我市第12個國家地理標誌保護產品。進一步完善了天津市WTO/TBT通報咨詢預♂警系統,發布歐盟、美國、日本等國家發布ㄨ的通報2000多項,提供我國因技術壁壘受阻案例56項,發布WTO相關信息324項。

                  (五)植物新品種保護取得新進展

                  市農委積極開展以植物新品種權為主的農業知識產權保護、運用和管◥理,提升現代農作物種業╲核心競爭力。以小麥、玉米、水稻、棉花品種為主,開展了農作物種子市場春季、夏季、秋季的專項檢查活動,涉及全市12個區縣的498家種子企業或種子經銷門市部,同時深入多個區縣實地查看種子生產基地,並對種子企業生產檔№案和相關技術規程進行了檢查。對56家種子經營單位開展了種子質量抽檢,共扡取樣品143個,涉及10類作物93個品種,代表商品種⊙子數量37.87萬公斤。經過種子〒管理部門多年的努力,我市主要農作物種子市場已經規範有序。特別是2010、2011、2013年連續三年種子執法年活動,對打擊侵犯植物新品種權和制售假冒偽劣種子持續保持高壓態勢,凈化了種子市場。截止目前尚未發現主要→農作物種子嚴重質量問題和侵權行為,非主要農作物市場管理也在逐步加強,對一起經營劣菜豆種子案件進行了立案查處並及時結案。

                  (六)海關保@護取得新成效

                  天津海關→創新工作思路,以風險管理為切入點,把“風險管理與現場查發深度融合”作為“創品牌、出亮點”的重點工作。全年共中止〒放行侵權嫌疑貨物1216批次、309.6萬件,價值人民幣5466.3萬元;共查扣侵犯知識產權案件84起、1112批次,價值人民幣600.4萬元,沒收侵權貨物82.8萬件,有效保護了知識產權權利人利益。天津海關查獲的天津某公司出口侵犯“鎮江香醋”商標權食醋案,作為天津¤海關首次查獲的假冒地理標誌商標案件,成功入選海關總署評選的“2012年度中國海關保護知識產權十佳案例”。“深圳市某貿易公司出口侵@ 犯‘耐克’商標權運動鞋※案”和“北京某商貿公司進口侵犯‘STOLICHNAYA’商標權伏特加酒案暨銷毀活動”,獲得中國外商投資企業協會優質品牌保護委員會(品保委)評選的“2012-2013年度知識產權保護最佳案例”。品保委主席在最佳案例發布會上稱:“天津海關已經成為中國知識產權海關保護的一面旗幟”。

                  (七)公安刑事打擊取得新突破

                  1、集群作戰嚴厲制假售假

                  各級公安機關堅持♀從“為國打假、為民打假”的高度出發,落實公安部部署的“打假”專項行動,全市公安機關以此為契機,以集群戰役為主戰模式,以公安部督辦案件為先◆導,堅持以打開路,始終保持對侵犯知識產權和制售假冒偽劣商品犯罪活動的高壓打擊態勢,有效地震懾了不法分子的囂張氣焰,得到了各級領導、社會各界、國際輿論的一致好評。全年,共破獲各類侵權偽劣案件2266起,公安部掛牌◥督辦案件17起,發起跨省市集群戰役136起,協助外省市收網集群戰役615起,抓獲、審查各類制售假犯罪嫌疑人2411名,搗毀產儲銷假冒偽︻劣商品窩點逾925個,收繳各種假冒偽劣商品及包裝♀材料等434萬余件(個、套),嚴厲打擊了一批制假售假的犯罪分子。

                  2、積極拓展“兩法”銜接

                  市公安局積極建立健全刑事行政執法協作信息互享機制、聯合執法協調機制和糾♂紛快速解決機制,全力開展健全完善兩法銜接機制建設,堅持“打建結合,以打促建”,采取切實有效措施,紮實推進與行政執法部門和檢法等司法部門的協作。一方面,與工商、知識產權、食藥監等行政執法部門互設聯絡員、定期召開聯席會議,建立完善信〇息資源共享、發案態勢∮通報、案件線索轉遞等多種機制,初步形成打防管控一體化的工作格局。另一方面,與檢法機關在案件協調的基礎上進一步拓展執法合作,確保案件的成功偵辦。

                  (八)檢察監督不斷加強

                  1、嚴格履行檢察職責

                  2013年,天津市各級檢察機關充分發揮檢察職能作用,完善工作機制,強化工作措施,加大工作力度,依法對知識產權刑事案件及時捕訴,並加強督辦案件工作。2013年全年,天津市各級檢察機關偵監部門共批準逮捕各類侵犯知識產權類犯罪案件37件53人,其中▃重大案件16件30人。各級檢∞察機關公訴部門共提起公訴各類侵犯知識產權犯罪案件39件72人,其中重大案件9件18人。全市各級檢察機關還辦理了多起具有重大影響的督辦案件,包括塘沽“6.25”制售①假藥案、河北“9.05”非法印刷發行圖書案,有力維護了人民群眾的根本利益。

                  2、加強行政執法與刑事司法銜接

                  各級檢察機關有效探索建立行政執法與刑事司法有效銜接▲制度,通過加強部門溝通來構建兩法銜接平臺,開展專№項活動來提高兩法銜接效果,加強監督工作來破解兩法銜接難題,取得了開展兩法銜接工作的良好效果。市人民檢察院與市工商局、市公安局會簽了《貫徹【國家工商總局、公安部、最高人民檢∏察院關於加強工商行政執法與刑事司々法銜接配合工作若幹問題意見的實施意見》,完善了工商行政執法與刑事司法銜接配合工作機制。市人民檢察院與市食品藥品↓監督管理局會簽了《關於加強食品藥品監管行政執法與刑事司法銜接配合工作若幹問題的意見》,建立完善打擊食品藥品領域違法犯罪“兩法銜接”聯席會議制度,推動了打擊食品藥品領域違法╱犯罪工作的有效開展。

                  (九)司法審判成效顯著

                  1、加強知識產權案件審判工作

                  天津法院知識產權審判工作緊緊圍繞“司法為民 公正司法”的主線,審判工作取得了良好↑效果,業務指導水平進一步提高,調研和案例均取得豐碩成果,維護了知識產權權利人的合法權益,制裁了各類侵權行為,保障了公平有序▓的市場競爭環境。全年,天津法院各類一審民事知識產權案件收案729件,審結740件。二審民事知識產權案件收案116件,結案127件。刑事知識產權案件收結案數分別為41件和35件。新收和審結行政知識產權案件各1件。依法審理了微軟公司著作權案、諾維信公司發明專利權案等一批影響較大〖的案件。堅持“調判結合”,妥善化解矛盾糾紛。全市法院民事知識產權案件一審調撤率達到71%,比去年同期提高12%。完善技術查明機制,3件涉及技術事實認定的疑難案件,通過咨詢相關領域的技術專家給予的專業解答,案件得到圓滿審結。依法運用法律規則,加大侵權︼賠償力度。法院系統進一步推進司法公開,“4.26”知識產權宣∏傳周期間,高院首次通過北方網視頻直播了微軟公司著作權糾紛案的全部庭審過程。堅持文書上網公開制度,高院統一按照要求將生效的知識產權判決書上傳至∑ 中國知識產權裁判文書網。審判工作公開制度化,市高院連續四年向社會和新聞媒體發布上一年度知識產權司法保護狀況白皮書、典型案例,主動接受社會監督,全〓面落實司法公開。

                  2、服務經濟〓社會發展

                  全市法院系統在繼續做好審判工作的同時,充分發揮自身優勢,為我市經濟社會發展做好服務工作。一是助推文化創意產業發展,高院開展了“天津市文化創意企業知識產權保護狀況”調研活動,在六號院文化創意產業園、濱海新區創意產業園區召開知識產權保護座談會;二是積極服務企業發展。高院多次到企業、產≡業園區進行調研,了解天津市科技小巨人企業知識產權司法保護的需求與對策,多次開展知識產權保護講座,一◢中院實施了重點企業一對一服務,為知識產權工作人員開展專題講座;三是〓發揮司法建議的作用,為社會管理建言獻策。和平法院向天津萬隆大胡同置業有限公司發出了書面的司法建議書,編寫並發放了法律宣傳材料和典型案例。

                  三、加ㄨ強協作機制建設,形成知識產權保護合力

                  全市知識產權行政執法和司法保護部門認真落實市委市政府總體部署,加強協作,不斷強化政治意識、大局意識、責任意識,建立起執法協↑作機制,加強了行政保護與司法保▲護的銜接,建立了知識產權保護長效機制,在營造知識產權保護法制環境等諸多方面取得了突出成效。市知識產權局與市高法、市檢察院、市公安局開展典型案件研討會與工作交流,通報工作♀情況,對協作機制的運行進行總結和細化,就案件審理工作進行了卓有成效的研討交流。市工商局、市質監局、市農委依法查處濫用、冒用、偽造地理標誌登記證書、產品名稱、專用標誌的行為和假冒農產品、地理標誌證▂明商標,侵犯註冊商標專用權的行為。市公安局牽頭建立了刑事行政執法協作信息互享機制、聯合執法協調機制和糾紛快速解決機制。在打擊網絡※侵權盜版專項治理“劍網行動”中,市版權局與市公安局、市通信管理局等成員單位及時溝通聯系,對涉及文學、刊物、音視頻等信息的網站進行24小時監控、“未備案不接入”等有效措ぷ施,取得行動實效。市檢察院與市工商局、市公安局會簽了《貫徹國家工商總局、公安部、最高人民檢察院關於加強工商行政執法與刑事司法銜接配合工作若幹問題意見的實施意見》,與市食藥局會簽了《關於加強食品藥品監管行政執法與刑事司法銜接配合工作若幹問題的意見》,進一步明確和規範各部門的職責和工作程序,切實形成【打擊違法犯罪合力。市高法進一步加強與市科委、市知識產權局、市版權協會、文化創意產業協會的工作協作機制,聯合開展各種活動。

                  四、創新ξ 宣傳工作,營造知識產權保護氛圍

                  (一)大力加強宣傳力度

                  通過加強宣傳工作,不斷擴大知識產權影響↙,提升公眾知識產權保護意¤識。市知識產權局牽頭組織全市主要媒體見面會,通報2013年知識產權宣傳活動安排和宣傳重點,啟動“天津市知識產權戰略實施三年間”采風活動。全國兩會期間,《中國知識產權報》專版報道我◤市科技型中小企業發展新成就,產生良好反響。首次在天津政務網開展了知識產權專題訪談欄目。市版權局在市區主要街口的大型電子顯示屏上滾動播放有關版權∑保護宣傳標語,通過“公仆走進直播間◆”電臺直播節目,對知識產權知識、侵權盜版的危害、軟件正版化工作等熱點問題與聽眾進行了互動交■流。市文廣局進一步提高“非物質文化遺產專家講座”的系統化、專業化水平,吸納高校和科研機構的專家、學者參與,舉辦了涉及傳統√音樂與舞蹈、戲劇與曲藝、書法、傳統美術、傳統體育、民間文學6個非遺類︼別的20個專題講座,舉辦“天津市非物質文化遺產新春系列演出”,做好“文化遺產日”宣傳活動。天津市各級檢察機㊣ 關開展了以“實施知識產權戰略,創新驅動發展”為主題的宣傳活動。積極推廣檢察機關在知識產權保護方面發揮的作用、取得的成績、典型案例和先進〗經驗等,取得了良好的社會效果。市高法堅持知識產權司法保護年度報告和典型案例發布制度,召開年度新↓聞發布會,在《天津日報》專版刊發《盤點2012年天津十大知識產權案件》和《法官支招教你保√護知識產權》。

                  (二)積極營造知識產權保護氛圍

                  行政執法和司法保護部門充分發揮職能作用,在全社會掀起打擊侵犯知識產權和制售假冒偽劣商品的高潮。公安機關□ 按照“關口前移、打防並舉”的工作思路,堅持偵查破案與廣泛宣傳同步開展,通過“聲、屏、報、網”等多種形式,充分利用每年“3·15”、“4·26”、“5·15”等宣々傳節點,深入開◢展輿論宣傳工作,積極預防犯罪,有力策應了打擊侵權偽劣犯罪工作的全面開展。特別是連續組織開展了打擊侵權偽劣犯①罪戰果展、集中◆銷毀侵權偽劣商品、參加電臺和電視臺相關欄目錄制播放、設立宣傳欄、召開座談會、印發宣傳品、組織◎下鄉宣傳、發放紀念品等形式多樣、內容豐富、針對性強的各類宣傳教育活動,在廣大群眾、知名企業中引起了廣泛的社會反響,營造了全民打假的濃厚☉氛圍,向社會展示了我市保護知識產權、打擊侵∞權偽劣犯罪的信心和決心。市文化市場行政執法總隊舉行了2013年侵權盜版及非法出版物集中銷毀活動,共銷毀30萬余冊(張)非法盜版圖書、報刊、教輔讀物和盜版光盤;召開】了新聞發布會,向社會宣傳版權保護執法工作的成果;啟動了以“綠書簽行動”為主要內容的知識產權保護系列宣傳活動,產生了良好的社會效果。“秋風”行動中,人民網、央視網、中新網、新浪網、鳳凰網等主要網站進行◥了報道。

                  

                  

                  

                  

                  

                  

                  

                  

                  

                  

                  

                  2013 White Paper on Intellectual Property Rights Protection in Tianjin

                  Tianjin Leading Group Office of Intellectual Property Strategy

                  (April, 2014)

                  

                  The year 2013 saw the comprehensive implementation of the spirits of the eighteenth Party congress in Tianjin’s intellectual property rights protection. Under the correct leadership of Tianjin’s municipal party committee and the municipal government, closely focusing on the central task and serving the overall interests, remarkable achievements have been made in 2013. With the scientific development as the theme, and transformation of economic development patterns as well as innovation-driven development as the common thread,the implementation of IP strategy fared in depth, and law enforcement and coordination was strengthened;in addition, IP protection for the East Asia Games was successfully completed. As a result, the social satisfaction for IP protection in Tianjin ranked first nationwide. All these have provided a solid guarantee for comprehensively deepening the reform, speeding up the construction of Beautiful Tianjin and promoting the sustainable development of the economy and society.

                  I. The Tianjin Intellectual Property Strategy Outline Advances and the Intellectual Property Protection Mechanism Is Enhanced.

                  The municipal coordination mechanism for IP strategy refined. Tianjin Leading Group  of Intellectual Property Strategy developed The Work Programs for the Assessment of Implementing Intellectual Property Strategy in Tianjin and the Formulation of “Promotion Plan for Intellectual Property Strategy in Tianjin(2014-2016)”. A periodical assessment of IP strategy implementation in Tianjin was performed to make an objective summary of the progress and effectiveness of the implementation of intellectual property strategy and form the total assessment report, which was highly affirmed by the Inter-Ministerial Joint Meeting Office of the National Intellectual Property Strategy. The Municipal Intellectual Property Bureau actively collaborated with 13 government departments such as Tianjin Municipal Development and Reform Commission and Tianjin Municipal Economic and Information Technology Commission to jointly study and draft The Implementing Opinions on Strengthening the Intellectual Property Work and Promoting Strategic Emergent Industries in Tianjin, which was issued as the document of the general office of the municipal government to the departments and districts for implementation. By the introduction of Opinions on Strengthening the Building of Intellectual Property Talent Team,  Opinions on Reinforcing Intellectual Property Work of Small and Medium-Sized Enterprises, and Implementing Opinions on Accelerating the Development of Intellectual Property Services in Tianjin, the IP development at both the municipal and district levels was continuously monitored. The state-controlled enterprise groups were further promoted to formulate and carry out intellectual property strategies so as to improve the intellectual property protection level. The Municipal Copyright Bureau and the members of the Municipal Inspection Team of the Software Legalization collaboratively drafted and implemented Management Measures for Software Assets of Tianjin Municipal Government and Measures for Government-Purchased Computers to be Equipped with Legitimate Softwares. In addition, The Inspection Procedures and Standards for Software Legalization in Tianjin’s Enterprises was released to provide guidelines for software legalization work in enterprises. By means of joint meetings, the Municipal General Team of Cultural Market Administrative Law Enforcement set up rules in relation to cooperative investigation and handling of cases, joint blocking, and contingency plans to further promote intellectual property protection of the cultural market. Tianjin Agriculture Commission formulated Measures for Implementing Law of Seeds of People’s Republic of China in Tianjin; also issued was Notice on ‘Tianjin Agriculture Commission’ as the Main body to Carry Out Law Enforcement.The "Tianjin Customs Intellectual Property Protection and Management Platform" that was independently developed by Tianjin Customs was officially opened, thus improving the law enforcement effect. Public security organizations took the initiative and set up a sound working mechanism for the connection between criminal justice and law enforcement. They adhered to the notion— “fighting combined with building, promote building by means of fighting” and took effective measures to make solid progress in cooperation with the departments of administrative law enforcement and judicial departments. The procuratorial organs at all levels gave full play to prosecutorial functions and established a monthly report system for investigations of infringement of intellectual property rights. The Municipal Higher People’s Court established a long-term supervision and guiding mechanism to sum up experience, analyze existing problems, propose solutions and provide timely supervision and guidance. Meanwhile, The Provisional Measures for the Trial of Cases Concerning Infringement of Trade Secrets was developed to guide the trials of such cases.

                  II. The Intellectual Property Protection Is Strengthened, Cracking down on Crime Behaviors Such as Intellectual Property Infringement and Manufacturing and Selling Counterfeit and Shoddy Goods.

                  The year 2013 witnessed continuation of endeavors to carry out the “Double Fights” action in Tianjin. In compliance with the overall arrangement of the State Council and The Opinions on Furthering Crack down on Intellectual Property Infringement and Manufacturing and Selling Counterfeit and Shoddy Goods, the special action against fake goods was normalized. The working mechanism for the connection between criminal justice and law enforcement was refined, highlighting the guiding principles of “Two Links, Two Fields and Three Regions” to purify markets, ensure people’s livelihood and enhance Tianjin’s international competitiveness. A total number of 97,441 person times of enforcement officers from the administrative law enforcement and criminal justice units were dispatched and 50,230 business entities were inspected. A total of 3,871 cases were put on file and 2,575 suspects were examined, involving a total amount of 347,000,000 Yuan. As a result, 2,084 dens were destroyed. And 62 suspects of 42 cases were approved to be arrested. A series of typical cases involving IP infringement and manufacturing and selling counterfeit and shoddy goods were investigated and dealt with, strongly intimidating the arrogant offenders and maintaining the stability and order of markets. The constant strengthening of the protection work effectively promoted the creation, utilization and management of Tianjin’s intellectual property. In 2013, valid patent applications ran up to 68,540 pieces and applications for registered trademarks amounted to 20,733 pieces.321 foreign copyright contracts underwent inspection and registration. 232 products won the title of Tianjin Famous Brand. In addition, applications for new plant varieties struck 16, pushing the intellectual property rights numbers in Tianjin to an all time high.

                  1.The administrative protection of patent is pushed to a new stage.

                  1)Reinforcing patent administrative enforcement

                  The Municipal Intellectual Property Bureau organized law enforcement officers to carry out the “Convoying” special operation of IP enforcement and maintenance, actively propelling law enforcement cooperation between provinces and municipalities, maintaining an unimpeded channel for transferring cases. The Bureau propelled the districts and counties to carry out patent law enforcement and organized law enforcement inspection on 193 large commercial establishments during traditional festivals, 4.26 Intellectual Property Publicity Week, Science & Technology Week, and China Patent Week. A special law enforcement action was initiated concerning Binhai New Area patents, which fortified the examination of agricultural tools, food, medicine, daily necessities, building materials, and electronic products. All these actions exerted a positive influence on purifying the market environment of Binhai New Area. 385 person times of law enforcement officers on both the municipal and district levels were organized to check nearly 138,000 pieces of commodities. 143 cases involving patent violation were investigated and dealt with, the number of cases up 86% year-over-year.The case settlement rate in the same year reached 100%, being a powerful blow against IP infringement and counterfeiting.

                  2)Conducting the intellectual property right maintenance for exhibitions

                  Beginning with a series of work such as publicity on intellectual property service, inspection of law enforcement and legal advice, the IP protection for major activities was successfully accomplished.Consequently, the IP supervision was reinforced during exhibitions; and the IPR protection awareness of the exhibition organizers, exhibitors and the public increased. In 2013 altogether 23 major exhibitions including the 6th East Asia Games were stationed, with nearly 3,000 person times of complaints and legal counseling and distributing various kinds of brochures or leaflets of nearly 10,000 pieces, which were appreciated by the organizing committee.

                  3)Being prepared for IP safeguarding assistance

                  The 12330 hotline for IP maintenance and assistance as well as reporting and complaint was actively and successfully managed with a yearly reception of various reporting, complaints and consultation numbering 1589 times, as a result of which the lawful rights and interests of right holders were guaranteed. IP service was launched, and Tianjin’s industry association and Bar Association were organized to provide IP safeguarding service for  tech enterprises in the combined forms of panel discussions and individual visits, receiving unanimous praises from these enterprises.

                  4)Enhancing the right holders’ self protection ability

                  Small and medium sized technological enterprises were energetically supported and guided to carry out IP risk diagnosis. Support was geared towards 122 enterprises such as Tianjin Dek Chemical Company Ltd., thus enhancing the enterprises’ IP protection ability.  The pilot work of IP protection was furthered and some leading enterprises with outstanding patent protection ability and relatively strong market competitiveness were cultivated. These pilot units established at preliminary level the coping mechanism and working system for patent disputes. Patent early warning and analysis was actively carried out.

                  2. Protection of the exclusive right of a trademark reaches a new level.

                  1)Intensifying the trademark administrative law enforcement

                  Tianjin Municipal Administration for Industry & Commerce initiated special actions against the liquor market as the focus, which concentrated on well-known trademarks, famous trademarks and foreign trademarks. The investigations centered around the unfair competition behaviors such as counterfeiting the specific name, packaging, decoration etc.of the well-known commodities, namely “leaning on the famous brand”.In addition, over ten special actions were launched against online sales of the infringing goods. Throughout the year, a total of 28,569 person times of law enforcement officers were dispatched and 56,381 business entities were checked.Consequently 283 cases were investigated and dealt with, and the total value involved in theses cases reached 8,240,800 Yuan. The penalty amounted to 6,091,500 Yuan with 45,281 infringed commodities as well as 9942 pieces of infringing marks confiscated or destroyed.

                  2)Helping Tianjin enterprises with well-known and famous trademarks to confirm trademark ownership

                  A lot of fruitful work were done to help Tianjin enterprises with well-known and famous trademarks to confirm trademark ownership, which in turn promoted the economic and social development in Tianjin. In 2013, a total of 15 enterprises including “Tianjin Bridge” received help and successfully won  the  confirmation of trademark ownership over cases involving trademark disputes, objections or approval of registration; over ten trademarks such as “Lutaichun” and “Piaoxiang” underwent process of hearings and objection in accordance with the legal procedures of the Trademark Law.

                  3)Fully increasing the capacity of “technological little giant enterprises”to utilize and protect trademarks

                  The Municipal trademark system focused on applications of technological enterprises for trademark registration and initiated publicity activities in combination with "the 4.26 World Intellectual Property Day". Through the efforts, the targets put forward at the beginning of 2013 were accomplished that  trademark application rate of “technological little giant enterprises” reached 80%, and the application rate for trademark registration of  technological enterprises achieved more than 30%.

                  4)Propelling the implementation of the new Trademark Law

                  To tie in with the promulgation and implementation of the new Trademark Law and to improve  registration, utilization, management, protection and development of enterprise trademarks, Tianjin Municipal Administration for Industry & Commerce organized relevant experts to spend half a year editing The Practical Guide on Enterprise Trademarks, in which the trademark related knowledge was analyzed in detail. The Guide served as a comprehensive introduction of trademark for enterprises. Along with Interpretations of The People's Republic of China Trademark Law prepared by the State Administration for Industry and Commerce, the book was provided free of charge to the members of the trademark association and famous brand enterprises.

                  3.Copyright protection makes new improvement.

                  1)Stepping up copyright law enforcement

                  Based on the fortification of regular supervision, the Municipal “Anti-Pornography and Combating Illegal Publication” Office, the Municipal Copyright Bureau and the Municipal General Team of Cultural Market Administrative Law Enforcement stepped up copyright enforcement, developing special actions as the platform and focusing on hitting infringement and pirating activities. Firmly investigating and dealing with major cases, the above mentioned government authorities actively carried out publicity and education activities to create a good cultural environment for promoting the construction of a beautiful Tianjin.The Cultural Market Administrative Law Enforcement agencies at both the municipal and district levels dispatched altogether 14,949 person times of officers to inspect 3431 publications markets and 2023 printing enterprises. 184 cases of various types were investigated and dealt with and 34 people received criminal punishment. The collection of pirating and illegal publications amounted to more than 63,000 pieces. At the year-end appraisal, one case won the title of Top Ten Cases of The National Cultural Law Enforcement; two cases were listed as the Key Case. In the national assessment of files, Tianjin took one first prize, two second prizes, and one third prize, ranking second in the country. The work of anti-pornography and combating illegal publication has been awarded for six consecutive years “the national advanced”; and the cultural law enforcement was assessed excellent for three consecutive year. The handling of the case—“9.05 Illegal Printing and Publishing books” that was jointly supervised by the National “Anti-Pornography and Combating Illegal Publication” Office and other four ministries was completed. The special work newsflash of the State Council gave full affirmation and granted the case the title of Top Ten Cases of The National Cultural Law Enforcement.

                  2)Protecting the legitimate rights and interests of the copyright owner

                  In order to improve the copyright holder’s consciousness of self-protection, there established four published works registration departments in Tianjin, intensifying copyright protection. As a result, the development of copyright industry was promoted and the transformation of intangible assets was further accelerated. And at the same time, related internet enterprises were encouraged to strengthen cooperation with copyright owners, and took the initiative to publicize information concerning the copyright of the works so as to facilitate users’ checking of copyright ownership. The formation of “authorization first, and distribution followed”as the copyright distribution order effectively avoided infringement disputes and standardized internet businesses. In 2013, 321 foreign copyright contracts underwent inspection, along with  154 copyright export contracts, ten duplication and manufacturing contracts as well as two digital publication contracts. In addition, 19 introduced foreign software certifications were inspected. Software registration ran up to 3000 and voluntary registration of works struck 87.

                  3)Advancing the software legalization

                  The Municipal Copyright Bureau took the lead in the promotion of the use of legitimate softwares in Tianjin and purchased 797 sets of new operating systems, 344 sets of office softwares, and 1007 sets of antivirus softwares based on completing software legalization of 50 municipal government departments in 2012.

                  The software legalization of 733 government agencies of 16 districts and counties was completed on time and quality was guaranteed at the same time; technical training on the software legalization was organized for government agencies at district and county levels. A Baseline Survey of Software Legalization and The Notice on Necessary Documents of Software Legalization for Government Agencies at District and County Levels were formulated and issued. Meanwhile, work document template of government software legalization was unified; inspection and supervision was conducted for successively 4 times of software legalization of government agencies at district and county Levels. A total input of software procurement fund reached nearly 19,000,000 Yuan. The inspection and rectification task of software legalization of government agencies at district and county Levels were all accomplished.

                  The enterprise software legalization work was actively promoted; and The Inspection Procedures and Standards of Enterprise Software Legalization in Tianjin was introduced to provide standardized guidance for Tianjin’s enterprise software legalization work. In addition, the use of legitimate software in survey and design enterprises was examined.

                  4)Fortifying efforts on the protection of intangible cultural heritage

                  Tianjin Municipal Bureau of Radio, Film and Television conscientiously implemented The  National as well as Tianjin’s Intellectual Property Strategy Outline and carried in-depth census on intangible cultural heritage.  The Municipal Intangible Cultural Heritage Center sorted out the census clues and records from 18 districts and counties in Tianjin and conducted historical comparison, thus unearthing, rearranging and collecting a number of new major projects. An Illustrated List of the Second Batch of Intangible Cultural Heritage in Tianjin and part of An Illustrated List of Intangible Cultural Heritage in Tianjin: the Volume of District and Counties was edited and published. The intangible cultural heritage projects and heritage inheritors were determined in an orderly manner. There were 22 representative national intangible cultural heritage projects in Tianjin, 157 representative intangible cultural heritage projects at the municipal level, and an additional 609 representative projects at the district and county level. Three levels of protection list system were initially established, laying the foundation for the protection of Intangible cultural heritage according to law and in a scientific manner.

                  4.Famous brands and geographic indicated products make new progress.

                  1)Reinforcing law enforcement in the fight against counterfeit goods

                  By urging the enterprises to implement the liability for product quality, the municipal quality supervision system strictly enforced market access rules, intensified supervision on product quality, and paid close attention to major cases. At the same time, law enforcement in fighting against counterfeit goods were reinforced,and the establishment of a sound long-term mechanism was actively promoted. All these achieved remarkable results.  Throughout the year, a total of 34,522 person times of law enforcement officers were dispatched and 13,874 enterprises were checked. As a result, 245 cases were investigated and dealt with. The value of illegal goods confiscated amounted to 21,163,100 Yuan and 98 dens were crashed.

                  2)Expanding the number and field of famous products

                  Technology-based small and medium-sized enterprises were vigorously supported to create famous-brand products. Efforts were increased on cultivating famous brands for backbone enterprises or those with regional advantages. The service for identification of famous brands was explored and glasses prescription was for the first time included in identification of famous brands in Tianjin. The Application Standard for the Famous Brand Products in 2013 was introduced, further playing a leading role as policy-guidance to lead enterprises to focus on and improve the quality and efficiency and to strive for famous brand products.In 2013, a total of 232 products of 197 enterprises in Tianjin obtained the title of Famous Brand in Tianjin, among which there were 106 technology-based small and medium-sized enterprises, the proportion reaching 53.8%. At present, the total number of Tianjin famous-brand products ran up to 519 in all.

                  3)Actively carrying out the protection of geographical indicated products and WTO/ TBT notification and consultation

                  The protection of geographical indicated products was actively carried out to improve the visibility and added value of products made in Tianjin. The Municipal Quality Supervision Bureau focused on the declaration of Cyprinus carpio in Jixian County and Honghuayu mulberry in 2013 and dug into product characteristics and historical as well as cultural traditions, so that the river carp and Honghuayu mulberry successfully passed the review of geographical indicated product protection technology organized by the State Quality Inspection Administration. In November, 2013, Cyprinus carpio in Jixian County was approved to implement the protection of geographical indicated products, thus becoming the twelfth national protected geographical indicated product in Tianjin. The WTO/TBT notification, consultation and warning system in Tianjin was refined and over 2,000 notifications issued by USA, EU, Japan and other countries were released. In addition, 56 Chinese cases that were hindered due to technical barriers were provided and 324 pieces of WTO related information were announced.

                  5.New plant variety protection achieves new development.

                  Tianjin Municipal Commission of Rural Affairs vigorously carried  out the protection, utilization and management of agricultural intellectual property right that focused on new plant variety, enhancing the core competitiveness of modern crop seed industry. Based on wheat, corn, rice, and cotton, special inspection activities were developed aiming at the crop seed market during spring, summer and autumn which involved 498 seed companies or seed sales departments of 12 districts and counties. Meanwhile, the Commission conducted on-the-spot investigations in several districts and counties to examine seed production bases and the production records and relevant technology regulations of seed enterprises were also under inspection. Random inspection of seed quality were conducted on 56 seed business units, and a total of 143 samples involving 93 varieties of 10 kinds of crops were selected, which represented 378,700 kg of seeds. After many years of efforts by the seed management department, the main crop seed market in Tianjin has been standardized and orderly. Especially in 2010, 2011, 2013, seed law enforcement activities were launched for these three consecutive years, keeping up pressure on the fight against the infringement of new plant variety right and producing and selling counterfeit and shoddy seeds, purifying the seed market. Up to now no serious quality problems or infringement concerning the main crop seeds were discovered and non-main crop market management were also gradually strengthened. What was more, a case concerning selling inferior kidney bean seed was filed for investigation and prosecution, which was promptly closed.

                  6.Tianjin Customs makes new headways in IP protection.

                  Tianjin Customs innovated the working concept and introduced risk management as the breakthrough point, concentrating on the “in-depth integration of risk management and field investigation”as the key work of “creating a brand, presenting a bright spot”. 1216 batches of goods, a total of 3,096,000 items suspicious of infringement were suspended of release, the value of which amounted to 54,663,000 Yuan. A total of 84 cases of IPR infringement were investigated which involved 1,112 batches with the value of 6,004,000 Yuan; 828,000 pieces of goods were confiscated. All these protected effectively the interests of intellectual property right holder. Tianjin Customs investigated and seized the case of trademark right violation of “Zhenjiang Vinegar” by an export company in Tianjin, which was the first case of counterfeit trademarks of geographical indicated product that Tianjin Customs investigated and seized. This case was successfully chosen by the General Administration of Customs as “China Customs Top Ten Cases of IP Protection in 2012”. The case that the exported sneakers of a trading company in Shenzhen violated‘Nike’trademark and the case that the imports of some Beijing trading company violated the exclusive right of the vodka trademark ‘STOLICHNAYA’ as well as the confiscated goods destruction activity were named “The Best Cases of IPR Protection for 2012-2013” by China Association of Enterprises with Foreign Investment Quality Brands Protection Committee(QBPC). QBPC chairman in the best case conference said: “The Tianjin Customs has become a banner in China for the Customs Protection of intellectual property rights”.

                  7.The public security department achieves new breakthroughs in cracking down on crimes.

                  1)Cluster operation to crack down on producing and selling counterfeit goods

                  The public security departments at all levels insisted on “fighting against counterfeiting for the country and for the people” and implemented the Anti-counterfeiting special campaign deployed by the Ministry of Public Security. The Municipal public security organs took this as an opportunity to employ cluster operation as the predominant battle mode. Guided by cases handled by the Ministry of Public Security, the public security organs in Tianjin adhered to using strikes to open a way, always keeping up pressure on IPR infringement and producing and selling the fake and shoddy goods, which effectively deterred criminals’arrogance and won praise from leadership at all levels, all sectors of society, and the international public opinion.Throughout the year, a total of 2,266 cases of infringement and fake and shoddy goods were cracked, and 17 cases were supervised and handled by the Ministry of Public Security; 136 inter-provincial cluster operations were launched and assistance were provided to close the net for 615 cluster operations. During these battles, 2,411 counterfeiters of various types were captured and reviewed, more than 925 dens for producing and storing counterfeited goods were destroyed and as a result 4,340,000 pieces of counterfeited goods or packing materials were confiscated. A number of counterfeiters were duly punished.

                  2)zealously expanding the connection between criminal justice and law enforcement

                  The Municipal Public Security Bureau actively established and improved the information sharing mechanism of administrative and criminal law enforcement, joint law enforcement coordination mechanism and the mechanism of rapid resolution of disputes. An all-out effort by the Bureau to refine the building of the connection mechanism between criminal justice and law enforcement is based on the principle—— “strikes combined with building, and promoting the building with strikes”. Effective measures were taken to make solid progress in cooperation with administrative law enforcement agencies, judicial authorities and the people’s procuratorate. On the one hand, liaison officers were set up among law enforcement agencies such as the Industrial and Commercial Administration, the Intellectual Property Bureau, and the Food and Drug Administration with regular joint meetings, establishing and improving various mechanisms of the sharing of information resources, the situation reporting of case occurrences and transferring of case clues. Consequently, the integrated pattern of strikes, prevention, management and control initially took shape. On the other hand, cooperation with judicial authorities and the people’s procuratorate in law enforcement was further expanded based on case coordination to ensure the success of case investigation.

                  8.The procuratorate supervision gets more and more strengthened.

                  1)Strictly performing the procuratorial functions and duties

                  In 2013 the procuratorial organs at all levels in Tianjin gave full play to their procuratorial functions and duties, refining the working mechanism, reinforcing the working measures and intensifying working endeavor. The criminal cases of intellectual property right were arrested and prosecuted in time according to law. And the supervision of cases was strengthened. In the year 2013, the procuratorial organs at all levels in Tianjin altogether approved the arrest of 53 suspects of 37 cases involved in various IP infringement crimes, among which 16 were major cases with 30 suspects. The Department of public prosecution of the procuratorates at various levels initiated public prosecution of criminal cases of IP infringement against 72 people of 39 cases, of which 9 cases of 18 suspects were major ones. In addition, the procuratorial organs at all levels handled a number of cases that had a significant impact, including "6.25" case of selling fake drugs in Tanggu District, the "9.05" case of illegal printing and publication of books in Hebei , which vigorously safeguarded the fundamental interests of the people.

                  2)Consolidating the connection between administrative law enforcement and criminal justice

                  The city’s procuratorial system made effective exploration to establish the connection mechanism between administrative law enforcement and criminal justice and built a platform for the connection mechanism by means of strengthening the communications between departments. Special activities were carried out to improve the connection effect, and the supervision work were intensified to resolve the problems concerning the connection mechanism, which achieved good results in turn. The Municipal People’s Procuratorate signed with the Municipal Administration for Industry & Commerce and the Municipal Public Security Bureau The Implementing Opinions on Following out “Opinions on Several Issues concerning Fortifying the Connection and Coordination of Industrial and Commercial Administrative Law Enforcement as well as Criminal Justice by the State Administration for Industry and Commerce, the Ministry of Public Security, and the Supreme People’s Procuratorate, thus improving the connection and coordination mechanism of industrial and commercial administrative law enforcement and criminal justice. The Municipal People’s Procuratorate and Tianjin Food and Drug Administration signed Opinions on Issues Concerning Strengthening the Connection and Coordination of Administrative Law Enforcement of Food and Drug Supervision and Criminal Justice and thus established as well as improved the joint meeting system of the connection between administrative law enforcement and criminal justice in fighting against food and medicine crimes and delinquencies, which propelled the effective crime fighting related to food and drug offenses.

                  9.Judicial Trials yield significant results.

                  1)Enhancing intellectual property trials

                  The IP trials of the Municipal court system were closely centered around the theme of “Jurisdiction for the People and Judicial Justice” and trial work achieved good results, further improving the level of professional guidance and making fruitful accomplishment in case investigation. The IP right holder’s legitimate rights and interests were protected, and various violations were sanctioned, thus ensuring a fair and orderly environment for market competition. Throughout the year, the Municipal court system handled 729 IP civil cases of first instance, and closed 740; the second-instance civil intellectual property cases were 116 and 127 cases were closed. The number of IP criminal cases that were accepted and settled were respectively 41 and 35. One administrative IP case was accepted and one concluded. A number of influential cases such as the copyright case of the Microsoft Corp and the invention patent case of Novozymes were handled according to law. Being insistent on “the combination of  trial and judicial mediation, the court system properly resolved contradictions and disputes. The mediation and withdrawal rate of IP civil cases of first instance in Tianjin reached 71%, up 12% than the same period last year . The technical ascertainment mechanism was refined. Three difficult cases involving ascertainment of technical facts were concluded by consulting professional experts for solutions in related fields. By applying the rule of law, tort compensation was intensified. In addition, the court system further promoted judicial openness. During the “4.26” IP publicity week, the Higher People’s Court for the first time beamed live the trial process of the case of Microsoft Corp copyright dispute through North network. The court system also adhered to the system of publicizing documents on the Internet. the Higher People’s Court uploaded IP judgments in force in accordance with the requirements to China IPR Judgments and Decisions. The trial work was open and institutionalized. The Higher People’s Court for four consecutive years released to the society and the news media the White Papers on the Intellectual Property Rights Protection and typical cases so as to take the initiative to accept social supervision and fully implement judicial publicity.

                  2)Serving economic and social development

                  While continuing to do a good job in the trial work, the municipal court system gave full play to their own advantages to serve Tianjin’s economic and social development. The first was to boost the development of cultural and creative industries. The Higher People’s Court carried out research activities concerning “IP protection of cultural and creative enterprises in Tianjin” and held IP protection symposiums in Tianjin Courtyard NO. 6 of Cultural and Creative Industry Park and the Creative Industry Park in Binhai New Area. The second was to provide active service for enterprise development. The Higher People’s Court conducted several researches on enterprises and industrial parks in order to understand the needs and countermeasures for IP judicial protection of technological little giant enterprises in Tianjin. Many lectures on IP protection were held. The Tianjin municipal first intermediate people’s court gave a person-to-person service for key enterprises and carried out lectures for IP personnel. The third was to play the role of judicial suggestions and give advice and suggestions on social management. The court of Heping district issued a written judicial proposal to Tianjin Wanlong Dahutong Properties Ltd.; it also wrote and issued legal publicity materials and typical cases.

                  III. The Coordination Mechanism Construction Is Fortified to Form Joint Forces in Intellectual Property Protection.

                  The intellectual property administrative law enforcement and judicial protection departments earnestly practiced the overall planning by Tianjin’s municipal party committee and the municipal government and strengthened cooperation; with continuous fortification of  political consciousness, ideas of overall situation, and responsibility consciousness, the law enforcement cooperation mechanism was established so that the connection of administrative and judicial protection was strengthened. As a result,  a long-term mechanism of intellectual property protection was established and outstanding achievements were made in the construction of IP legal protection environment and other aspects as well. The Municipal Intellectual Property Bureau and the Higher People’s Court of Tianjin, the Municipal People’s Procuratorate and the Municipal Public Security Bureau held seminars to communicate and exchange the typical cases, informed each other of its work, and made summaries and refinement of the cooperation mechanism so as to conduct fruitful discussions and exchanges concerning the trials of cases.Tianjin Municipal Administration for Industry & Commerce, the Municipal Quality Supervision Bureau and Tianjin Agriculture Commission investigated and dealt with abuse, fraudulent use and counterfeiting of geographical indication registration certificate, product name and special signs, counterfeiting agricultural products and geographical indicated trademark as well as violation of exclusive right to use a registered trademark according to the law. The Municipal Public Security Bureau took the lead to set up a  information sharing mechanism of criminal and administrative law enforcement, joint law enforcement coordination mechanism and rapid dispute settlement mechanism. In the special operation “Sward Net Action” which was launched to fight against Internet piracy, the Municipal Copyright Bureau, the Municipal Public Security Bureau, and the Municipal Administration of Communication timely communicated with each other to conduct 24-hour monitoring of websites involving literature, publications, and the audio and video materials. Effective measures such as “No record, no access” were adopted to achieve substantial results. The Municipal People’s Procuratorate, Tianjin Municipal Administration for Industry & Commerce and the Municipal Public Security Bureau countersigned Opinions on Several Issues concerning Fortifying the Connection and Coordination of Industrial and Commercial Administrative Law Enforcement as well as Criminal Justice by the State Administration for Industry and Commerce, the Ministry of Public Security, and the Supreme People’s Procuratorate. In addition, the Municipal People’s Procuratorate and Tianjin Food and Drug Administration signed Opinions on Issues Concerning Strengthening the Connection and Coordination of Administrative Law Enforcement of Food and Drug Supervision and Criminal Justice. Consequently, the responsibilities and work procedures of various departments were further clarified, and a joint force took shape in the combat against illegal crimes. The Higher People’s Court of Tianjin further enhanced the coordination mechanism with the Municipal Science and Technology Commission, the Municipal Intellectual Property Bureau, Tianjin Copyright Association and Tianjin Association of Creative Industries to carry out various activities in collaboration.

                  IV. The Publicity Work Is Innovated to Create the Atmosphere of Intellectual Property Protection.

                  1.Publicity is vigorously intensified.

                  By increasing the publicity strength, the influence of IP protection was expanding, leading to growing IP protection consciousness of the public. The Municipal Intellectual Property Bureau organized the main media conference in Tianjin to inform the IP publicity activity arrangement and its focus in 2013 and to launch the on-the-spot collection— “Tianjin, Three Years of Implementation of Intellectual Property Strategy”. During the NPC and CPPCC, Chinese Intellectual Property News gave a section to cover new achievements in the development of technology-based SMEs in Tianjin, which produced good response. Tianjin Municipal People’s Government. gov. cn for the first time launched an IP special interview column. The Municipal Copyright Bureau made use of large electronic boards in downtown main streets and publicity slogans about copyright protection were rolling on these boards. Through the program—“Public Servant into the Studio” which was live radio broadcast, interactive communication was achieved with the audience over the knowledge of intellectual property rights, infringement and piracy, software legalization and other hot issues. Tianjin Municipal Administration of Culture, Radio, Film and Television further improved the systemic and professional level of “Expert Lectures on Intangible Cultural Heritage” and experts, scholars from universities and research institutions were invited to hold 20 lectures related to 6 intangible cultural heritage ranging from the traditional music and dance, drama and opera, calligraphy, traditional arts, traditional sports, and folk literature. A series of New Year Intangible Cultural Heritage shows were performed. In addition, the publicity activities on the “Cultural Heritage Day” were successfully accomplished. The municipal procuratorial organs at all levels launched publicity activities with “Implementing intellectual property strategy and development driven by innovation” as the theme. What were actively promoted were the positive role played by the procuratorial department in intellectual property protection, the achievements, typical cases and the advanced experiences, which in turn obtained good social effects. The Municipal Higher People’s Court kept to the annual report system of the judicial protection of intellectual property rights and release system of typical cases; the Court also insisted on holding the annual press conference. In 2013, “A Checklist of Ten IPR Cases in Tianjin, 2012”  and “ Tips from the Judge: How to Protect Intellectual Property Rights” were published in a special page of Tianjin Daily.

                  2.The positive intellectual property protection climate is actively built.

                  The Administrative law enforcement department and judicial department gave full play to their functions and an upsurge was set off in the fight against IP infringement and producing and selling fake and shoddy products. In compliance with the principle of “Moving forward the strategic pass and combining strikes with prevention”, the public security authorities adhered to the simultaneous development of investigation as well as solving cases along with extensive publicity. Various forms and media such as “radio, LED board, newspapers and the internet” were employed and the publicity nodes in each year were fully utilized— “3·15”,“4·26”and “5·15”— to undertake publicity activities and actively prevent crimes, which consequently worked in concert with the comprehensive development of the crackdown on infringement and counterfeiting crimes. Especially diversified publicity and education activities were organized that were various in forms, rich in content and well-targeted. They included achievement exhibition of the special operation against IPR infringement and counterfeiting, centralized destruction of infringing commodities, participating in recording and broadcasting of radio and television programs, the establishment of relevant publicity column, seminars, printing and issuing publicity materials, organization of personnel to go to the countryside to issue souvenirs, which caused a wide range of social responses in the people and famous enterprises and created strong atmosphere of the crackdown among the people. By so doing, Tianjin’s confidence and determination to protect intellectual property right and combat infringement and counterfeiting were demonstrated to the society. The Municipal General Team of Cultural Market Administrative Law Enforcement planned a centralized activity to destroy infringement, piracy and illegal publications, which altogether destructed over 300,000 illegal pirated books, newspapers and magazines, reference books and DVDs. A news conference was held to publicize the achievements of copyright law enforcement protection. In addition, a series of IP protection promotional activities concentrated on “Green Bookmark Action” were initiated, creating a good social effects. “The Autumn Wind” Action was covered by the main websites such as People.com.cn, CCTV.com, Beijing, CHINANEWS.com, Sina.com.cn, and ifeng.com.