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科技年报
2014年成都市知识产权发展与保护状况

    2014年,成都市围绕“改革创新、转型升级”总体战略和“四化一驱动”改革路线,深入实施知识产权战略,大力推动知识产权创造运用,加大知识产权执法保护力度,优化知识产权发展环境,促进知识产权与创新驱动融合发展,切实推进国家知识产权示范城市建设,为国家创新型城市建设提供了有力支撑。全市专利申请64975件,专利授权31935件,拥有有效发明专利14755件,每万人有效发明专利10.3件;注册商标总量达14.7万件,其中驰名商标98件,地理标志商标13件,四川省著名商标559件,成都市著名商标604件;中华老字号21个;中国名牌产品20个,四川名牌产品572个;地理标志保护产品34个;计算机软件及其他作品著作权登记6663件;植物新品种申请保护21件,获授权20件。西部唯一的国家知识产权局专利审查协作中心建设有序推进。

    一、深入实施专利战略,专利事业取得新成效

    加强知识产权助推创新驱动发展顶层设计。围绕市委市政府《关于实施创新驱动发展战略加快创新型城市建设的意见》,做出“实施创新驱动发展战略、推进科技创新六大工程、建设国家创新型城市”总体部署,形成“1+2+N”的知识产权和科技助推创新驱动发展的政策支撑体系,编制实施《2014年成都市知识产权战略推进计划暨示范城市建设推进计划》,推动围绕产业链部署创新链实现价值链,促进知识产权与全市创新驱动融合发展。

    知识产权创造运用能力进一步提升。实施企业能力提升工程,增强企业知识产权综合能力。支持企业研发机构建设,引导社会资本、金融资本投向科技型企业,全年新增各类企业研发机构100余家,企业研发投入100亿元,新增高新技术企业、技术先进型服务企业和四川省创新型企业180家。修订《成都市专利资助管理办法》,印发实施《成都市战略性新兴产品和重点新产品研发补贴管理办法》,引导创新成果产权化和加大对拥有自主知识产权的创新产品的支持,新增战略性新兴产品和重点新产品181个,申请专利64975件,专利授权31935件;申请发明专利22096件,拥有有效发明专利14755件。实施校院地协同创新工程,以高校院所专利处置及收益分配为核心,印发实施《成都市促进国内外高校院所在蓉协同创新的若干政策措施》、《成都市科技人才创新创业资助管理办法》、着力打通成果实施转化链条,推动高校院所科技人才在蓉新领办企业或服务企业,促进专利成果就地转化。加强专利实施载体建设,申报国家级企业孵化器8个,新建孵化器20个,新增孵化面积54万平方米,全市已建成孵化载体78家、孵化面积219万平方米,在孵科技型中小微企业和团队近6500家,覆盖全域的“创业苗圃+孵化器+中试基地(加速)器+产业化基地”的孵化培育体系加快形成。修订《成都市技术交易补贴管理办法》,引导技术合作和专利成果转移转化。推进西南化工研究设计院等企业专利运营、专利价值分析试点;“复合涂层的硬盘驱动器主轴电机部件及其复合涂覆方法”等10个专利项目荣获第十六届中国专利奖,“注浆扩散测试装置”等15个项目获第一届四川专利实施与产业化奖;评选出成都市2013年度专利奖60个,其中金奖4项,银奖16项,优秀奖40项,给予奖励176万元。

    知识产权试点示范再上新台阶。大力开展企业知识产权试点示范工作,启动成都市第三批企业知识产权试点示范和优势培育工作,认定市级知识产权示范、优势培育、试点企业21家、30家、59家。分两批组织40家国家、省知识产权示范企业及优秀试点企业开展贯标工作,四川航天技术研究院通过直接认定,光明光电、索贝数码等企业通过推荐认定,迈普、新力光源等企业已经签订认证合同等候验收。实施区域创新示范工程,高新区获批国家知识产权服务业集聚发展试验区,争创国家自主创新示范区。加快天府新区(双流)科技创新园、郫县中国川菜科技产业化基地建设,推进新都区西南石油大学能源装备产业基地、新津新材料科技成果产业化基地和青白江区传统产业改造提升试点建设。全市共培育国家知识产权示范园区1个,国家知识产权强县示范县3个、试点县4个,国家知识产权示范培育市(县级市)1个,省知识产权示范园区4家、试点园区11家。

    知识产权综合服务成效显著。实施产业牵引工程,加强专利信息导航产业发展,完成移动互联网等9个产业技术路线图和轨道交通等3个产业的专利信息导航产业发展研究报告,编制成都航空产业、机器人技术等3个行业专利状况分析报告。建成“科创通”成都创新创业服务平台,集成科技政策服务、投融资服务、知识产权服务、检验检测服务、文献信息服务、技术交易服务、孵化场地服务、咨询与培训服务等8大功能,更好为科技企业提供政策咨询、投融资、检验检测等全程服务。全年“科创通”汇聚各类科技和知识产权中介服务机构300余家,提供服务产品近1500项,已面向全市近8000家企业提供线上线下结合的综合服务。实施“创新券计划”,以政府购买服务的方式推动机构与企业有效对接,大力培育和扶持知识产权服务业发展。累计投入资金近500万元,完成7个行业专利数据库和46个企业专题专利数据库建设。组织专家服务团队深入园区和企业, “零距离、一对一”地为企业提供专利申请、预警分析、税收优惠、知识产权质押融资、维权援助等定制服务。

    专利行政执法保护效果明显。组织开展打击侵犯知识产权和制售假冒伪劣商品专项行动和知识产权执法维权“护航”专项行动,运用成都全域联动专利执法体系,大力开展省、市、县三级联合专利行政执法,全年开展重点领域和展会知识产权专项执法18次,出动执法人员285人次,检查各类商品2.7万余件,纠正专利标识标注不规范128件,处理专利侵权案60件,查处假冒专利案31件,案件结案率98.9%。建成成都市知识产权局专利纠纷调处厅。成都万贯五金机电市场、四川金恒德国际汽车汽配用品城获批为首批知识产权保护规范化市场培育对象,推动市场知识产权保护工作规范化开展。指导四川搜啦信息技术有限公司建立电子商务专利保护内部监管机制,并在该公司电子商务平台开展专利执法维权行动。中国(成都)知识产权维权援助中心入驻第90届全国糖酒商品交易会、第十五届中国西部国际博览会等大型展会开展知识产权维权援助7次;全年妥善处理“12330”知识产权维权援助与举报投诉电话105件,接待来人咨询20人次,现场接受专利侵权投诉31件。

    二、大力实施品牌战略,商标事业取得新突破

    品牌战略工作机制得到优化完善。印发《成都市商标战略2014年实施计划》,切实提升工作层面和统筹力度。推动出台了系列品牌扶持激励政策,有效帮助“成都品牌”提升知晓度和影响力,全年共争取兑现驰、著名商标奖扶资金706.8万元。完成《成都市产区品牌发展战略研究报告》,为持续深入推进品牌战略发展提供了有价值的决策参考。

    品牌培育和品牌服务再上新台阶。全年全市新增注册商标16039件,累计有效注册商标达14.7万件,继续保持中西部城市领先优势。新获驰名商标认定23件,增幅达30.66%,累计98件,居全国副省级城市第三。新增四川省著名商标83件,总量达559件,占全省40.9%。新认定成都市著名商标69件,累计达604件。全市25家驰(著)名商标企业获成都市科技进步奖和专利奖金奖,驰名商标企业迈普通信技术股份有限公司、成都前锋电子有限责任公司分别荣获成都市科学技术进步一等奖和成都市专利金奖;红旗连锁、升达林业、新希望乳业等33件商标获“消费者最喜爱的100件四川商标”殊荣,提升了品牌企业的美誉度。调动园区管委会、园区品牌工作站、品牌服务专家团等多方力量,帮助100余家重点园区企业解决商标疑难问题,助力高端品牌集聚成长。针对修订的《中华人民共和国商标法》禁止将驰名商标字样用于商品包装、广告宣传等商标活动的规定,重点帮助86户驰名商标企业及时规避法律风险。

    品牌监管维权成效显著。全年查处侵犯商标专用权违法案件286件,罚没入库金额454.56万元,没收、销毁侵权商品23309件,没收、销毁侵权商标标识26403件,继续保持了打击侵权假冒商标行为的高压态势。扎实做好第90届全国糖酒商品交易会商标指导与监管,认真履职,总结经验,提前介入,切实加强会展监管,严格规范交易秩序。为企业商标维权保护提供法律救济、援助,成功帮助“哦哦超市”取得商标确权,避免了数亿元的品牌价值流失。

        三、扎实开展版权工作,版权事业再上台阶

        版权服务能力不断增强。成功申办第五届中国国际版权博览会,举办版权主题展览及国际版权论坛、版权产业与科技创新交流会等12项主题活动,100余项配套活动,达成艺术品版权交易、版权金融合作等17个项目,总金额达23亿多元,国内外上百家主流新闻媒体进行了实时报道和深度访谈,这是版博会首次离京举办,参展规模超过往届,得到国家版权局的充分肯定和参展单位的一致好评。开展版权相关行业及交易平台调研,形成《成都国际版权交易中心可行性研究报告》,国家版权局同意建立成都国际版权交易中心,该中心成为国家版权局批准的西南地区首个国家级版权交易中心,中心选址、注册等相关筹备工作正积极推进。

    版权创造管理能力不断提升。积极实施著作权登记资助政策,按照《成都市作品著作权登记资助管理办法》和《成都市计算机软件著作权登记资助管理办法》,做好著作权登记资助受理、审核、划拨等工作,全年资助各类作品著作权登记3000余件,发放资助款240余万元,得到各类权利人的好评,全年全市计算机软件及其他作品版权登记6663件,同比增长34.9%。开展版权示范单位评选,按照《成都市版权示范单位评选管理办法(试行)》,评选中国电信股份有限公司四川分公司、迈普通信技术股份有限公司、三泰电子股份有限公司等6家企业为2014年成都市版权示范单位,引导促进行业企业重视和推进版权机制建设。

    版权保护能力不断增强。积极开展打击侵犯知识产权和制售假冒伪劣商品专项行动、打击网络侵权盗版“剑网2014”专项行动等版权保护专项治理工作,有效维护版权权利人合法权益。全年检查经营单位17200余家次,取缔违法经营单位240余个,查办版权侵权案件80余起,收缴各类侵权盗版制品23万余张(册、盘),调解软件、设计等版权纠纷12起;积极公开著作权行政处罚案件信息;顺利完成政府机关软件正版化迎检,得到国家软件正版化工作检查组的充分肯定;成都市版权局等7家单位荣获全国查处侵权盗版案件有功单位称号,5名办案人员荣获全国查处侵权盗版案件有功个人称号。

    四、加强案件侦查,有效打击知识产权违法犯罪

    全市公安机关以开展维护群众利益打假集中行动、打四黑除四害、打击食品犯罪保卫餐桌安全等各类打击假冒伪劣犯罪专项行动为重点,充分发挥主力军作用,及时侦破了一批知识产权违法犯罪案件,有效打击了违法犯罪分子,切实保障了广大消费者的合法权益。全年全市公安机关共立案侦查侵犯知识产权和生产、销售伪劣商品犯罪案件130件,破案115件,抓获犯罪嫌疑人130名,捣毁制假生产窝点23个,缴获假劣商品约16万余件、140吨,缴获假冒包材及假冒注册商标标识17万余件,涉案金额6210万元。

    五、加强法律监督,严厉打击知识产权犯罪

    全市检察机关依托行政执法与刑事执法衔接工作机制,与司法、公安机关和政府知识产权行政职能部门紧密配合,在各司其职的基础上,加强工作联系和信息沟通,促进执法资源的合理利用,增强对侵犯知识产权犯罪活动的打击力度。通过公布举报电话、接待群众控告、听取社会各界反映以及新闻媒体报道等多种途径,广泛了解案件信息,积极运用走访、情况通报、联系会议、备案审查等方式,发现和掌握一批涉嫌犯罪案件线索,确定重点监督的具体案件,督促行政执法机关向公安机关移送,监督公安机关立案侦查。与此同时,通过广播、电视、检察说法栏目、举办讲座等方式积极开展侵犯知识产权犯罪预防工作。全市检察机关在开展打击制售假冒伪劣商品、侵犯知识产权犯罪专项行动中,有力地打击了侵犯知识产权犯罪。并针对案件办理中发现的问题,积极向行政执法机关发出检察建议,督促行政机关依法行政。全年全市检察机关共审查批准逮捕各类侵犯知识产权案件26件53人,其中假冒注册商标17件36人,销售假冒注册商标的商品6件13人,非法制造、销售非法制造的注册商标3件4人。全年全市检察机关提起公诉各类侵犯知识产权案件44件109人,其中假冒注册商标20件53人,销售假冒注册商标的商品21件52人,非法制造、销售非法制造的注册商标3件4人。

    六、加强案件审理,维护权利人合法权益

        知识产权审判模式得到优化。按照知识产权审判“三合一”试点的要求,对全市两级法院的试点工作作出了全面的布署和统一的安排,切实推进全市“三合一”试点工作的纵深铺开,形成了“两级法院、五个知识产权庭”的“三合一”审判格局。全年新收知识产权案件共计2700件,包括民事案件2647件、刑事案件50件、行政案件3件,全市法院以“三合一”新模式审结了知识产权案件2643件,包括民事案件2595件、刑事案件45件、行政案件3件。

        案件审判质效得到全面提升。成都市法院调整知识产权合议庭人员配置,形成了4个固定合议庭和1个相对固定合议庭的审判组织格局。各合议庭权责明晰,各司其职,竞争配合,依法办案,严格履职,确保案件审判质效的不断提升。审结了诸如 “微软”、“音著协”、“喜羊羊”著作权案,“拉菲”、“泸州老窖”、“五粮液”、“七匹狼”、“马利”商标案,“帝标”、“雅洁”专利案等一大批涉及国内外知名企业、著名品牌、知名专利的民事案件。继续贯彻“大调解”精神,全年共调解撤诉案件1960件。注重以判决的方式发挥司法裁判的规范指引作用,通过对中国电影集团公司电影营销策划分公司诉成都市金牛区星空牧羊星网吧侵害作品信息网络传播权案的审理,确立了“律师事务所出具的律师见证书不具有等同于公证书的法律地位和效力,不能单独作为认定案件事实的依据”的规则,该案例入选最高人民法院《中国知识产权指导案例评注》。

        案件审判经验得到推广。成都市法院加大调研力度,适时展开专题调研,撰写了《加大知识产权司法保护力度,降低维权成本,提高侵权代价》的报告,完成了《侵害植物新品种权纠纷案件审理现状与问题》的调研报告并报送最高人民法院。成都市法院有1件案例入选“2013年中国法院知识产权司法保护十大典型案例”,6件案例获“2013年四川法院知识产权司法保护十大典型案例”,1件案例入选最高人民法院《中国知识产权指导案例评注》,3件案件入选成都中院示范性案例。

        七、加强口岸监管,海关知识产权保护进一步加强

        重点渠道得到强化监管。成都海关按照海关总署的统一部署,强化对机场海关、驻邮局办事处、现场业务处等重点口岸的监管。广泛调研,针对跨境网络交易中通过邮寄、快递等渠道运输的日用消费品、化妆品、电器产品等重点商品,开展专项执法行动,完善执法机制,保持打击侵犯知识产权和制售假冒伪劣商品的高压态势。

    专项行动开展重点突出。2014年,成都海关按照海关总署部署组织开展了“保护2014年世界杯足球赛知识产权的专项执法行动”,重点加大对各通关现场货物、物品进出境的查验力度,重点加强对国际足联和阿迪达斯、耐克、彪马公司等赞助商在海关总署备案的商标权、著作权的保护,重点监控出口到巴西和其他中南美国家的相关货物,重点加大对利用互联网故意出口侵权货物违法行为的处罚力度。


    

    Development and Protection of Intellectual Property in

    Chengdu 2014

    

        In 2014, focusing on the overall strategy abbreviated as “Reform, Innovation, Transformation and Upgrade”, as well as the reform strategy of “Marketization, modernization and internationalization under the rule of law, and strengthening innovation-driven development” Chengdu has fully implemented the intellectual property (IP) strategy, propelled the creative application of intellectual property, intensified IP law enforcement and protection, Optimized the IP development environment, promoted the integration of intellectual property and innovation-driven development, and facilitated development of an IP National Pilot City, thus providing substantial support to the construction of National Innovation-Oriented City. The year of 2014 has witnessed 64,975 patent applications, 31,935 licensed patents, 14,755 valid patents for inventions which contribute to a ratio of 10.3 valid patents for inventions per 10,000 people in Chengdu. The “Grouting Diffusion Test Device” project won the gold medal at the 15th China Patents Awards. In this year, Chengdu also reached 147,000 registered trademarks, among which there were 98 (nationally) well-known trademarks, 13 trademarks with geographic indications, 559 famous Sichuan brands and 604 famous Chengdu brands, 21 Chinese time-honored brands; 20 Chinese famous-brand products and 572 Sichuan famous-brand products plus 34 protected products with geographic indications. In addition, 6,663 pieces of copyright registration for computer software and other works were completed; protection applications were submitted for 21 new plant varieties, among which 20 were granted. The construction of the Chengdu Patent Examination Cooperation Center of SIPO, the only one of its kind in western China, moved forward without issued.

    I. Patent Strategy Implemented In-depth with New Achievements Made in Patent Undertakings

    Top-level design was reinforced to booster innovation-driven development with intellectual property. Centering on the Opinion of the Municipal Party Committee and Government about Implementing Innovation-driven Development Strategy to Speed up the Construction of an Innovative City, an overall arrangement, namely, "To Implement Innovation-driven Development Strategy, Promote The Construction of the Six Major Science and Technology Innovation Projects and Build A National Innovative City”, was made; the “1+2+N” policy support system, boosting innovation-driven development with IP, science and technology, was formed. Chengdu’s IP Strategy Promotion Plan & Promotion Plan on the Development of National Pilot City in IP in 2014 was formulated and implemented. Great efforts were made on facilitating the realization of this value chain through deploying innovation chains focusing on industrial chains, and on promoting the integration of intellectual property and innovation-driven development of the city.

    The capability for creative applications of IP was further enhanced. The enterprise competence enhancement project was implemented to improve various enterprises’ comprehensive capacity related to IP. Enterprises were encouraged to develop their own R&D departments, and social and financial investments were pointed towards science and technology enterprises, which resulted in over 100 new R&D institutions of various kinds, investments of RMB 10 billion into R&D projects as well as 180 more enterprises newly approved as either Hi-Tech Enterprise, Service Enterprise with Advanced Technologies or Innovation-Oriented Enterprise in Sichuan Province in 2014. Chengdu’s Administrative Measures for Patent Grants was revised, and Chengdu’s Administrative Measures for Subsidies for R & D of Strategically Significant Emerging Products and Key New Products was issued and put into effect, so as to guide the property protection of innovative achievements and intensify support to innovative products with proprietary IP rights. In 2014, there were 181 strategically significant emerging products and key new products, 64,975 patent applications, 31,935 licensed patents, plus 22,096 applications for patents for inventions, among which 14,755 patents were validated. A collaborative innovation project was implemented among universities and local governments that the handling of patents and distribution of the benefits had universities at the center. A number of administrative policies to stimulate collaborative innovation in Chengdu together with Chengdu’s Administrative Policies for Innovative Science and technology Talent Venture Funding, were issued and implemented. It was emphasized for achievements to break through the conversion chain, to encourage the establishment of new enterprises and service enterprises by science and technology talents at institutions in Chengdu and promote patent transformation. With the bolstered construction of a patent implementation vehicle, this year witnessed applications of 8 national-level enterprise incubators and the emergence of 20 newly constructed incubators covering a total area of 540,000 m2; currently, there are 78 incubation centers with an area of 2,190,000 m2 in total, and around 6,500 medium, small and micro-sized science and technology enterprises under incubation. The formation of an all-encompassing incubation & cultivation system, including “entrepreneurial nurseries+ incubators+ pilot test incubator (accelerator) bases + industrialization bases”, was expedited. The Chengdu Administrative Policies for Technology Trading Subsidies was revised, to better guide the transfer and transformation of technological collaboration and patent realization. Pilot work on the enterprise patent operation and patent value analysis was boosted. Ten patents including “Hard Drive Spindle Motor Parts with Composite Coating and its Composite Coating Method” won the gold medal at the 16th Chinese Patent Awards, 15 projects including “Grouting Diffusion Test Device” won the 1st Sichuan Patent Implementation and Industrialization Award. 60 projects won at the 2013 Chengdu Patent Awards, including 4 gold medals, 16 silver medals, 40 excellence awards and prizes totaling RMB 1.76 million.

    The IP pilot demonstration was raised to a new level. Enterprise IP pilot demonstration was effectively precipitated, the third batch of municipal enterprise IP pilot demonstration and advantage cultivation work was initiated, and 21, 30 and 59 enterprises were affirmed as an IP Demonstration Enterprise, Advantage Cultivating or Pilot Enterprise at the municipal level respectively. 40 IP Demonstration and Superior Enterprises at national or provincial levels were organized to implement relevant standards in two batches, the Sichuan Academy of Aerospace Technology passed direct confirmation, CDGM, Sobey and other enterprises passed recommended confirmation, and Maipu, Sunfor LED and other enterprises have signed authentication contracts and are pending. Along with the implementation of regional innovation demonstration projects, Chengdu’s Hi-Tech District was approved as an IP Service Agglomerated Development Experimental Zone at national level, and is striving to become a National Independent Innovation Demonstration Zone. The construction of the New Tianfu Area (Shuangliu) Science and Technology Innovation Park and Sichuan Cuisine Science and Technology Industrialization Base at Pixian County was accelerated, and construction was sped up on the Southwest Petroleum University (SWPU) Energy Equipment Industry Base at Xindu District, New Material Industrialization Base of New Material Science and Technology Achievements at Xinjin County and Pilot Transformation & Upgrade of Traditional Industry at Qingbaijiang District. Chengdu cultivated one National IP Demonstration Park, three National Leading Counties in IP, four Pilot Counties, one National IP Demonstration and Cultivation City (county-level city), 4 Provincial IP Demonstration Parks and 11 Pilot Parks.

    Significant results were achieved in comprehensive IP services. The industry traction project was carried out to navigate industrial development with patent information, resulting in the accomplishment of mobile internet and 8 other industrial technological roadmaps as well as research reports on industrial development navigated by patent information of three industries including rail transit and the preparation of patent status analysis reports on three industries such as the aviation industry and robot technology in Chengdu. Integrated with 8 functions including science and technology policy services, investment and financing services, IP services, inspection and detection services, document information services, technology transaction services, incubation site services and consultancy & training services, the as-built Chengdu “Kechuangtong” service platform for innovation and entrepreneurship provided a better one-stop shop for services ranging from policy consultancy, investment & financing, inspection & detection as well as many others. With a pool of over 300 intermediary service agencies related to science, technology and IP, as well as service products of approximately 1,500 items. This platform has provided online and offline integrated service for around 8,000 companies around the city. “The Innovation Voucher Program” was put into effect which is an effort to facilitate effective docking between institutions and enterprises through services purchased by the government, and actively cultivated and support the IP service industry. With an accumulative investment of nearly RMB 5 million, patent databases of 7 industries and special patent databases of 46 enterprises have been established. Expert service teams were organized to provide tailored services, such as patent application, precaution analysis, tax preference, IP pledge financing and assistance for rights protection, in various industrial parks and enterprises in a face-to-face and one-on-one manner.

    Obvious results were achieved in IP protection by means of administrative law enforcement. Focused on a special campaign against IP violations, counterfeit and shoddy products as well as Escort special action for IP law enforcement and rights protection, the all-domain patent law enforcement system of Chengdu was mobilized, and joint administrative law enforcement in IP protection at the provincial, municipal and county levels were carried out forcefully. This year, 18 special IP administrative law enforcement campaigns covering major fields, exhibitions and conferences were organized, with dispatch of law enforcement officers totaling 285 man-time and over 270,000 pieces of commodities were inspected. 128 patent identification errors and labels were corrected, 60 cases involving patent infringement were handled, 31 counterfeit patents were investigated and punished with a case settlement rate of 98.9%. The Patent Dispute Mediation Hall of the Chengdu Intellectual Property Office was established. Chengdu Wanguan Hardware, Machinery and Electronic Products Market and Sichuan Jin Hengde International Automobile and Auto Parts Town were approved as the first batch of markets with standardized IP protection, so as to facilitate standardized development of market and IP protection. Guidance was provided to Sichuan Soula Information Technology Co., Ltd. for its establishment of an internal supervisory mechanism for E-commerce patent protection, and a patent law enforcement campaign was conducted on this E-commerce platform. During the 90th National Sugar & Wind Trade Fair, the 15th Western China International Fair and other major exhibitions and conferences, IP rights protection assistance were offered 7 times; 105 calls to “12330” for IP rights protection and complaints were handled, 20 man-time visits for consultancy were received and 31 on-site patent infringement complaints were accepted in the proper way.

    II. Brand Strategy Vigorously Implemented with New Breakthroughs Achieved in Trademark Undertaking

    The working mechanism of brand strategy was optimized. Chengdu’ Brand Strategy Implementation Plan in 2014 was issued for better coordination and implementation of trademark protection in the city. A series of brand supporting and incentive polices were published, to assist the Chengdu Brand enhance its popularity and influence, honoring and supporting famous brands in the amount of RMB 7.068 million. The Brand Development Strategy Research Report of Chengdu Production Area was completed, offering valuable insight for Chengdu to continuously propel the development of brand strategy.

    Brand cultivation and brand service have been raised to a new level. With an increase of 16,039 newly registered trademarks and a total quantity of valid registered trademarks reaching 147,000. Chengdu maintained its leading position among all cities in central and western China. With an addition of 23 newly approved well-known brands, representing a growth rate of 30.66%,and a total of 98 well-known Brands, it is ranked third among all sub-provincial level cities in China. 83 newly approved provincial famous brands brought the total quantity up to 559, accounting for 40.9% of Sichuan Province. 69 trademarks were affirmed as famous brands in Chengdu with an accumulated number of 604. 25 well-known company trademarks were granted awards for science and technology- the Progress and Gold Award of Patent Award of Chengdu City, including the first prize winner of the award for science and technology- the Progress of Chengdu City, Maipu Communication Technology Co., Ltd., and the winner of the Patent Gold Award of Chengdu, Chengdu Qianfeng Electronics Co., Ltd. 33 trademarks including Red Flag Chain Stores, Shengda Forestry and New Hope Dairy won the title of “100 Consumers’ Favorite Sichuan Trademarks”, leading to greater brand recognition for these companies. Management committees of various industrial parks, their brand workstations, brand service experts and other resources were mobilized to help over 100 key park enterprises settle their trademark-related issues and boost cluster growth of high-end trademarks. According to the revised Trademark Law of the People’s Republic of China, the text of Well-known Trademark is forbidden to be used in commodity packaging, advertising and other trademark activities, thus focused assistance was offered to 86 Well-known Trademark Enterprises to help them avoid legal risks.

        Remarkable results were achieved in brand supervision and rights protection. In 2014, 286 cases involving the infringement of exclusive rights to trademarks were investigated and punished. The amount of fines and confiscations totaled RMB 4.5456 million, 23,309 pieces of infringing goods and 26,403 infringing trademarks were confiscated and disposed of,thus maintaining a tough demeanor in the fight against trademark infringement and counterfeiting behavior. For trademark guidance and supervision during the 90th National Sugar & Wind Trade Fair in particular, all relevant personnel took their responsibilities seriously, summed up previous experiences and lessons, got involved in prepared in advance, intensified regulation and maintained a standardized transaction order during the trade fair. Legal aid and assistance was offered to enterprises for trademark rights protection, and WoWo Supermarkets, under such assistance, won its trademark verification, and avoided a potential brand value loss amounting to hundreds of millions of RMB.

        III. Copyright-related Efforts Geared Up with Copyright Undertaking Boosted to A Higher Level

        Copyright service capability is constantly enhanced. During the 5th China International Copyright Fair hosted by Chengdu, 12 themed activities, including a copyright theme exhibition, international copyright forum as well as intercommunion on the copyright industry and innovation in science and technology, together over 100 supporting activities were conducted, and 17 projects covering artwork copyright agreements and copyright-related financial cooperation were held, involving an amount totaling over RMB 2.3 billion. With real-time reporting and in-depth interviews from more than 100 mainstream news media outlets at home and abroad, this is the first China International Copyright Fair hosted outside Beijing. With a scale exceeding all previous ones, this Fair was greatly appreciated by the National Copyright Administration and the exhibitors. The survey on copyright-related industry and trading platform was conducted, resulting in The Feasibility Study Report on Chengdu International Copyright Trading Center; and the National Copyright Administration has approved the establishment of the Chengdu International Copyright Trading Center, the first national-level copyright trading center in southwest China. Registration and other related prep work were moved forward.

    Copyright creation and management capacity was increasingly reinforced. Active funding policies were implemented to encourage copyright registration. Copyright registration subsidy applications were handled, verified and approved. Subsidies were transferred according to The Subsidy Methods of Registered Copyrights of Computer Software in Chengdu and Subsidy Methods of Registered Copyrighted Goods in Chengdu. In 2014, more than 3,000 goods of various kinds were subsidized, and subsidies totaling over RMB 2.4 million were granted, highly lauded by rights holders of various kinds; and 6,663 pieces of computer software and other copyrighted goods were registered over the entire year, with a year-on-year growth of 34.9%. The copyright sample unit selection was carried out. Pursuant to The Selection and Management Methods on Copyright Sample Unit in Chengdu (Trial Version), 6 enterprises, including the Sichuan Branch of China Telecom Co., Ltd, Maipu Communications Technology Co., Ltd and Santai Electronics Co., Ltd, were awarded the title of copyright sample units of Chengdu in 2014  to stimulate industries and enterprises to attach more importance to copyright mechanism construction.

        The capability for copyright protection was constantly improved. Special campaigns against IP violations as well as the manufacturing and sale of shoddy & inferior commodities, the Sword and Net Action against internet infringement and piracy as well as other campaigns were carried out to safeguard the legitimate interests of copyright owners. Throughout the year, 17,200 operating units were inspected, 240 illegally-operating units were banned, over 80 copyright infringement cases were investigated, over 230,000 pieces (books, discs) of pirated products were captured, and 12 copyright disputes involving software, design and other copyrights were mediated. Copyright-related administrative punishment cases were made public. The application of copyrighted software in government agencies was completed and was greatly appreciated by the national inspection team for its application of copyrighted software. The Chengdu Copyright Bureau and 6 other units were granted the title of National Meritorious Unit in Investigation and Punishment of Piracy Cases, and 5 individuals were granted the title of National Meritorious Individual in Investigation and Punishment of Piracy Cases.

    IV. Intellectual Property Case Investigation Intensified to Crack Down on IP Violations and Crimes in an Effective Way

        Focusing on a series of special campaigns against crimes for making and selling fake & inferior commodities, like The Focused Action to Crack Down on Fake Products and Safeguard Interests of the Public, Combating Illegal Workshops, Illegal Factories, Illegal Markets and Black Dens as well as Eliminating the Four Pests (i.e. rats, bedbugs, flies and mosquitoes), Crack Down on Food-related Crime and Defend Dining Table Safety, the city’s public security departments gave full play to its leading role and solved a number of IP crimes, thus effectively stopping the criminals and protected the legitimate rights and interests of consumers. Chengdu public security departments have filed and investigated 130 cases of IP infringement as well as fake and shoddy commodities, of which 115 were shut down, 130 criminal suspects were arrested, 23 counterfeiting production dens were destroyed, over 160,000 pieces of fake and shoddy goods with a total weight of 140 tons were uncovered, over 170,000 pieces of counterfeit packaging materials and fake registered trademarks were confiscated, and the amount involved in these cases reached RMB 62.1 million.

    V. Legal Supervision Strengthened to Fight against IP Crimes

        Chengdu prosecutors, relying on the cohesive mechanisms of administrative law enforcement and criminal law enforcement, and in cooperation with government IP administrative departments, judicial and public security departments, added to a positive interaction, shared information, promoted a rational utilization of law enforcement resources, and made more effort to fight IP crimes. To collect as much information related to the cases as possible, multiple channels had been utilized, including publicizing an informant hot-line, receiving public statements, listening to social feedback and media coverage. To uncover the clues of the criminal cases, methods such as home visiting, information briefing, joint meetings and record reviews were employed. These methods were also used to define the specific cases to be put under particular supervision, to urge the transfer of such cases from administrative law enforcement departments to public security departments and supervise the latter to file and investigate them. In the meantime, the preventative efforts against IP infringement crimes were conducted through multiple means such as radio, TV, columns wrote by or lectures delivered by advocates, etc. In the special actions cracking down on fake or shoddy commodities and IP infringement, Chengdu prosecutors made a large dent in such crimes, and based on the problems discovered during the cases, actively issued prosecutors’ suggestions to administrative law enforcement departments and urged them to abide by the rule of law. After the investigations and reviews, 53 individuals were approved to be arrested for 26 IP infringement cases throughout the year, among which 36 individuals were arrested in 17 cases regarding counterfeiting registered trademarks, 13 people in 6 cases of selling commodities with counterfeited registered trademarks, 4 people in 3 cases for illegally making and selling manufactured registered trademarks, 1 person for copyright infringement. In addition, 51 cases and 127 people were reviewed and prosecuted. Moreover, Chengdu prosecutors went after 109 people in 44 cases involving IP infringement, including 53 people in 20 cases involving counterfeited registered trademarks, 52 people in 21 cases of selling commodities with counterfeited registered trademarks, and 4 people in 3 cases of illegally making and selling manufactured registered trademarks.

    VI. Intellectual Property Case Hearings Strengthened to Safeguard Legitimate Interests of Obligees

        IP case hearing method was optimized. In accordance with the requirement of the three in one experimental work for IP case hearings, an overall formation and assessment was conducted for an experimental process of the courts at two levels in Chengdu. Along with an in-depth implementation of such experiments, a three in one case hearing pattern, consisting of two levels of courts and five IP tribunals, was shaped. In 2014, the courts accepted 2,700 IP cases, including 2,647 civil cases, 50 criminal cases and 3 administrative cases, while adopting the new three in one case hearing pattern, the courts settled 2,643 IP cases, including 2,595 civil cases, 45 criminal cases and 3 administrative cases.   

        Case trial quality and effect were enhanced in a comprehensive way. The Chengdu Intermediate People’s Court adjusted the personnel allocation of its IP collegiate bench, and formed a judicial organization system consisting of 4 fixed collegiate panels and one relatively fixed collegiate panel. With a clear separation of rights and liabilities, each collegiate panel performed its duties, competed and cooperated with each other and handled the cases pursuant to the law to ensure the ever increasing quality and effectiveness of trials. The cases trialed and settled in 2014 include copyright cases involving Microsoft, Music Copyright Society of China and Pleasant Goat; trademark cases involving Lafite, Luzhou Laojiao, Wuliangye, Seven Wolves and “Maries as well as patent cases involving Dibiao and Archie. Many of the above cases were civil cases which involved many domestic and reputable international enterprises, reputable brands and well-known patents. The spirit of “multiparty mediation” was always in effect. 1,960 cases in total were mediated and withdrawn under such efforts. Attention and full play was given to the standardization and guiding role of judicial adjudication. Through hearings lodged by China Film Group Corporation Marketing Planning Division against the Starry Sky Shepherd Star internet cafe in Jinniu District of Chengdu for infringement of rights to disseminate copyrighted material via the Internet,one rule was established as that “the lawyers’ written statement issued by law firms, without the same legal status and effect as that of notarization, may not be used alone as the basis to determine case facts”. This case was selected in The Comments on China’s Intellectual Rights Related Guiding Cases of the Supreme People’s Court.

        The experiences obtained from trials were popularized. Chengdu Intermediate People’s Court strengthened its research work and conducted special research in a timely manner and composed a report titled To Intensify the Judicial Protection of Intellectual Property, Reducing the Cost for Right Protection while Increasing the Infringement Cost, and submitted the research report on The Status Quo and Problems Faced in Disputes Related to the Infringement of Rights to New Plant Varieties to the Supreme People’s Court. One case was selected for the Ten Typical Cases of Judicial Protection of Intellectual Property by China’s Courts in 2013, 6 cases were selected for the Ten Typical Cases of Judicial Protection of Intellectual Property by Sichuan’s Courts in 2013, one case was selected for the Comments on China’s Intellectual Rights Related Guiding Cases of the Supreme People’s Court, and 3 cases were selected as exemplary cases of Chengdu Intermediate People’s Court.

        VII. Port Supervision Reinforced to Enhance Customs Protection of Intellectual Property

    Important channels were put under intensified supervision. According to the integrate deployment of the General Administration of Customs of the PRC, Chengdu Customs reinforced its supervision of important ports including airport customs as well as post office agencies and on-site business offices. Based on extensive investigation and a focus on key commodities like daily consumables, cosmetics and electrical appliances shipped via the mail, courier and other channels, special law enforcement actions were conducted, and law enforcement mechanisms was optimized to maintain a tough stance on IP violation and the making and selling of fake and inferior commodities.

        Key points were highlighted during special law enforcement operations. In 2014, under the overall arrangement and organization by the General Administration of Customs, Chengdu Customs carried out the Special Law Enforcement Action for Protection of 2014 World Cup Intellectual Property, and put particular emphasis on spot inspections as well as articles for entry & exit. For protection of trademarks and copyrights of FIFA as well as Adidas, Nike, Puma and other sponsors which have been filed with the General Administration of Customs of the PRC, on relevant goods to be exported to Brazil as well as other Central and South American countries, and on punishment against illegal acts for taking advantage of the Internet to export intentionally copyright infringing goods.

    



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