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知识产权保护
2015年成都市知识产权发展与保护状况
2016年4月29日    浏览量:1784
    2015年,成都市围绕创新驱动和转型升级发展,深入实施知识产权战略,强化知识产权保护,优化知识产权公共服务,推动知识产权创造运用,促进全市创新创业蓬勃发展。西部唯一的国家知识产权局专利审查协作四川中心建设有序推进。全市专利申请77538件,专利授权44852件,拥有有效发明专利19758件;注册商标总量达18.3万件,其中驰名商标111件,地理标志商标14件,四川省著名商标636件,成都市著名商标665件;中华老字号21个;计算机软件及其他作品著作权登记11144件。全市鼓励创新、保护创新的生态环境不断优化,顺利通过国家知识产权示范城市复核验收,成功获批“国家小微企业创业创新基地示范城市”,被《财富》杂志列入“2015年中国十大创业城市”,“双创”工作获得国务院表彰。

    一、深化专利管理和保护机制建设,专利事业取得新成绩

    创新创业激励机制不断健全。市委市政府印发《关于系统推进全面创新改革加快建设具有国际影响力的区域创新创业中心的决定》,对完善知识产权创造和运用机制、加大知识产权保护和管理作了安排部署。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》,加强政策引导创新成果产权化和对拥有自主知识产权的创新产品支持。评定表彰了2014年度成都市专利奖55个,其中金奖3个,银奖20个,优秀奖32个。“近红外光吸收玻璃、元件及滤光器”等9个专利获得第17届中国专利奖优秀奖;“输液时不产生负压的自收缩输液瓶袋”等16个专利获得四川省专利奖。知识产权试点示范不断深化,全市通过国家知识产权示范城市第一批复核,开展新一轮示范城市建设工作。新都区、新津县获批成为2015年国家知识产权强县工程示范县(区),龙泉驿区获批成为新一批国家专利导航产业发展实验区。全市国家级知识产权示范园区1个,知识产权示范培育市(县级市)1个,知识产权强县工程示范县(区)5个、试点县2个;知识产权试点示范企业36家。知识产权公共服务不断优化,运用专利态势分析和技术路线图导航产业发展,完成民用航空、汽车、轨道交通、光伏、高性能纤维等5个专利导航产业发展研究报告,编制电子商务、医药、云计算、机器人技术等10余个行业专利状况分析。国家标准《企业知识产权管理规范》贯标工作深入推进,筛选成都九鼎天元知识产权代理有限公司、成都天嘉专利事务所等20余家服务机构作为企业贯标骨干辅导机构,四川航天技术研究院、成都光明光电股份有限公司、成都索贝数码科技股份有限公司等20余家企业通过贯标认证。知识产权助力“创业天府”行动计划工作持续开展,围绕中小企业“知权、获权、用权、维权”四个方面,配套开展“创业天府·菁蓉汇”主体活动15场,开展“菁蓉创享会—中小微企业专利挖掘与托管”、“知识产权金融服务银企面对面”等系列活动,组织“成都青年创业大赛”路演知识产权评议、知识产权进“孵化器”和“创客空间”等20余次专题活动,参与人员超过1万人。

    加大专利行政执法保护力度。深入开展打击侵犯知识产权和制售假冒伪劣商品专项行动、知识产权执法维权“护航”专项行动和电子商务领域专利执法维权专项行动。分别以省市县、市县(区)联合执法形式,开展专利行政执法检查15次,出动行政执法人员289人次,检查商品34700余件,登记专利标识186件,纠正专利标识不规范77件,查处假冒专利案34件,处理专利侵权纠纷案47件,案件结案率96.3%。加强展会专利行政执法,在第十八届成都国际汽车展览会、第92届全国糖酒商品交易会等大型展会设立知识产权保护工作站,接受知识产权举报投诉,开展知识产权咨询服务。深化国家级知识产权保护规范化市场培育,四川金恒德国际汽车汽配用品城、成都万贯五金机电市场建立健全了知识产权保护工作体系和相关工作制度,成都海宁皮革城获批成为第二批国家级知识产权保护规范化培育市场。加强知识产权维权援助,全年接受“12330”电话咨询和现场咨询约400人次,受理举报投诉和维权援助案件28件。

    专利申请量和授权量继续快速增长。全市专利申请量达77538件,其中发明专利申请29791件,同比分别增长19.34%、34.83%。专利授权量达44852件,其中发明专利授权量达6206件,同比分别增长40.4%、54.3%。拥有有效发明专利19758件,每万人有效发明专利13.6件,同比分别增长33.9%、34.9%。

    二、推进商标战略示范工作,商标事业取得新突破

    深化品牌培育。推广园区商标战略示范单位的经验做法。加强小微企业品牌服务,建立完善了小微企业品牌指导、激励、扶持和保护等机制,筛选重点培育企业100家,依托品牌服务专家团开展“一对一”上门指导服务,帮助小微企业解决品牌创建、运用管理、维权保护和市场拓展等方面的问题,促进小微企业健康可持续发展。培育年产值在3000万元以下的小微企业成功认定成都市著名商标13件。

    积极拓展“天府品牌”宣传。市政府新闻办发布了《2014年成都市品牌战略暨工业园区品牌发展报告》,彰显了“品牌成都”的发展魅力。组织开展“成都创造”中国驰名商标特别报道,培育本土自主品牌,扶持小微企业发展,共建共享国际购物天堂消费满意在成都等系列主题宣传展示,充分展现品牌战略在促进产业升级中发挥的积极作用。高效运用春熙路、顺城街、永丰立交等黄金地段的市政资源品牌展示平台,组织品牌公益展示12批次,有力提升了本土品牌社会知晓度和影响力。积极组织具有代表性的驰名、著名商标企业参加2015国际商标品牌节,将成都商标战略实施示范成果在商标节上进行展示宣传,市驰名商标企业四川天味食品公司作为“天府品牌”代表,与海口企业成功签订金额达200万元销售协议。

    强化商标执法保护。全年办结侵犯注册商标专用权案件193件,罚没金额310.37万元。召开了成都市驰名商标企业座谈会,收集驰名商标企业维权需求,纳入重点保护名录。加大打击侵权假冒伪劣行为的执法力度,在全市范围内开展苹果商标专用权保护专项执法行动,保护涉外商标知识产权,营造良好的市场环境。

    三、版权示范城市建设有新突破,版权事业再上新台阶

    版权服务产业发展能力不断增强。完成成都国际版权交易中心筹建任务,签约战略合作伙伴10个、合作项目21个,预计年产值7000万元,完成作品著作权登记66件,版权衍生品交易2158件,初步建立了版权登记、版权孵化、版权保护、版权评估、版权金融、版权交易等6C服务体系。成功举办版权交易中心授牌暨版权财富峰会,国内外400余名版权领域专家学者、企业精英、律师、青年设计师参会,发表论文演讲17篇,实现9大目标,得到了国家版权局及世界知识产权组织驻中国办事处的高度评价。针对欠缺版权价值评估的市场需求,引入文化部国家文化市场调查评估中心、雅昌文化集团鉴证备案中心,初步建立了版权价值评估体系,奠定版权交易基础。版权价值评估第一单《中国工笔大熊猫百图》的评估价值人民币750万元,市场价值人民币1300万。搭建首个成都版权金融平台,签署交通银行成都科技支行、富坤投资基金成都分公司,拓展了成都文创企业版权融资渠道,解决融资困境。筹备建立成都版权产业联盟,进一步整合出版发行、广播影视、文化艺术、工艺美术、音乐、设计、广告等行业资源,促进版权相关行业融合发展。

    版权创造管理能力不断提升。启动版权经纪人才培训计划,率先在全国引入中国版权保护中心、人社部教育培训中心,探索开展全国版权经纪人专业务实和文化创意师(版权经纪)岗位能力双证培训,约50名参训人员获双证,填补了成都市乃至西南地区新闻出版、广播影视、文化创意、设计服务等领域跨界运营版权经纪人才的空白。中国文化创意师培训基地落户成都,建立文化创意师培训长效机制,开启岗位培训的实用模式。以龙头企业塑造品牌带动就业,传承创新发展蜀绣特色文化的成都艾民尔鞋业公司为300个“妈妈”创造了就业机会;开展蜀绣工艺版权保护个性化培训,培育蜀绣版权品牌,打造蜀绣版权产业链。

    版权保护能力不断提高。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2015”专项行动,全年检查经营单位2万余家次,查办“扫黄打非”案件188件,收缴各类非法出版物9万余件,处置网络有害信息1万余条,注销违法违规账号1500余个,关闭传播淫秽色情网站36家;调解8起版权纠纷,有效维护版权权利人合法权益。“爱漫画”网站侵权盗版案、“风云丝路”私服案、新禹书店涉嫌销售盗版出版物案、“7·16”制售涉藏非法出版物案等4个案件被列为国家版权局、全国“扫黄打非”办的督办案件,上述4案的处理得到了国家版权局的好评。

    四、加强案件侦查,有力打击知识产权违法犯罪

    加大公安对知识产权犯罪打击力度。全市公安机关以开展“平安成都,铁拳行动”和“剑网2015”专项行动为重点,严厉打击制售假冒伪劣商品和侵权盗版犯罪活动,充分发挥主力军作用,以高度的政治责任感和使命感,全力攻坚,克服了维稳任务重的困难,及时侦破了一批知识产权违法犯罪案件,多次受到各级党委政府的肯定,有力净化了全市商品市场,切实保障了广大消费者的合法权益。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共82件,挡获犯罪嫌疑人143人,移送起诉135人,捣毁制假生产窝点50余个,缴获假劣商品包材及假冒注册商标标识20万余件,涉案金额5000万余元。

    五、立足检察职能,严厉打击知识产权犯罪

    深化“两法衔接”工作机制。全市检察机关切实加强与知识产权行政职能部门相衔接,有效整合知识产权执法资源,实现知识产权行政保护与司法保护的多方联动和有效衔接,防止以罚代刑、当立不立等现象,规范、引导执法行为,形成保护知识产权合力。建立检察机关、公安机关和行政执法机关“两法衔接”信息共享平台,初步实现行政执法信息网上共享、执法网上监督、办案网上运行、文件网上流转、数据网上统计等信息化功能,全年共监督行政执法机关向公安机关移送侵犯知识产权犯罪案件线索24件。

    严厉打击知识产权犯罪。全年全市检察机关共批准逮捕侵犯知识产权犯罪43人,其中批准逮捕假冒注册商标罪21人,销售假冒注册商标的商品罪12人,侵犯著作权罪8人,侵犯商业秘密罪2人。全市检察机关起诉侵犯知识产权犯罪115人,其中起诉假冒注册商标罪89人,销售假冒注册商标的商品罪19人,非法制造、销售非法制造的注册商标标识罪1人,侵犯著作权罪6人。

    六、加强知识产权案件审理,保护权利人合法权益

    切实推行“三合一”审判模式。成都法院修改和完善《关于开展知识产权审判“三合一”试点工作的实施细则》,以与成都市行政案件相对集中管辖第二阶段试点工作相适应。全年成都法院受理涉及知识产权案件共计2418件,包括民事案件2366件,刑事案件51件,行政案件1件,成都法院运用“三合一”审判模式审结知识产权案件2152件,包括民事案件2104件,刑事案件47件,行政案件1件。

    司法保护力度进一步加大。成都法院针对知识产权类型化案件(主体相同、权利相同的案件)较多的情况,配置专门的审判人员和审判辅助人员进行审理,实现案件的繁简分流,提高审判效率,成都中院全年人均结案量较2014年上升50%,审理平均用时从2014年的159天缩短为124天,效率提升22%。召开审判长联席会议,对知识产权类型化案件中的法律适用和裁判标准进行统一,做到“同案同判”,确保审判质量。针对恶意制假售假的知识产权侵权案件,注重民事救济与刑事惩罚相统一,成都两级法院审理的“七度空间”假冒注册商标罪与商标侵权两案,被告人制造、销售假冒伪劣卫生用品,属于严重危害人身健康的案件,在刑事方面判处了4名被告人一年六个月至三年六个月的有期徒刑并处罚金共计220万;在民事方面采取酌定赔偿的方式,判决被告赔偿原告经济损失100万。对于涉及知名品牌、企业及涉案金额较大的案件,进一步加大判赔力度,贵州茅台酒股份有限公司、宜宾五粮液股份有限公司、四川省古蔺郎酒厂有限公司分别起诉李某等人销售侵权假酒并主张超过百万元损失赔偿的系列案件,法院秉持“加强保护、宽严适度”的司法政策,判决被告停止侵权并针对上述三案分别承担102万元、70万元、25万元的经济赔偿。

    全面推行知识产权民事案件“随案指导”。案件审理中,密切关注当事人在纠纷背后所存在的知识产权管理维护的不足或风险,及时指出、分析成因、阐明法律规定并提供改进方案,让当事人在收获公正裁判之外还能聆听知识产权法官的专业建议。在案件裁判后,针对当事人在知识产权创造、运用、保护、管理中存在的问题、风险,以交换意见、司法建议的方式进行指导和预警,共对近300件案件进行个案指导,收到华西建设、全友家私等知名企业反馈意见15份,收到良好的社会效果。

    七、加强口岸监管,提高海关知识产权保护能力

    强化重点口岸监管。成都海关强化对机场海关、驻邮局办事处、现场业务处等重点口岸的监管,将前期风险分析与现场监管相结合,加大对“化整为零”、“蚂蚁搬家”式进出口侵权商品的打击力度,重点打击以非洲、美国、欧洲、香港、东南亚为目的国(地区)的服装、箱包、手表、化妆品、药品、食品、电子产品和家用电器等侵权商品的进出口。完善执法机制,针对跨境网络交易中通过邮寄、快递等渠道运输日用消费品、化妆品、电器产品等重点商品,保持打击侵犯知识产权和制售假冒伪劣商品的高压态势,全年成都海关关区进出口环节未发现规模化的侵权行为。

专项行动突出重点。成都海关开展“中国制造海外形象维护‘清风’行动”,增强了维护“中国制造”、“四川制造”国际形象的执法意识。成都海关建立了“清风”行动的组织领导、工作协调机制,加强与其他执法部门、行业协会、出口名牌企业在保护自主知识产权方面的执法协作和战略合作关系,进一步规制完善海关知识产权执法自由裁量权和统一执法尺度的法律指引、操作规范,成都海关区内进出口企业、加工贸易企业的知识产权保护意识和守法经营意识得到进一步提高。

 

 

Development and Protection of Intellectual Property Rights in Chengdu 2015

    In 2015, focusing on the development strategy highlighting reform, innovation, transformation and upgrade, Chengdu thoroughly implemented its intellectual property rights (IPR) strategy, intensified IPR protection, optimized IPR-related public service and accelerated IPR creation and application, thus facilitating a boom of innovation and entrepreneurship in the whole city. The construction of the Sichuan Patent Examination Cooperation Center of State Intellectual Property Office (SIPO), the only one in western China, was pushed forward in an orderly manner. The year of 2015 saw 77538 patent applications, 44852 licensed patents and 19758 valid patents for inventions. In the same year, Chengdu also boasted up to 183,000 registered trademarks, among which there were 111 well-known trademarks nationwide, 14 trademarks with geographic indications, 636 famous Sichuan brands, 665 famous Chengdu brands, 21 Chinese time-honored brands, plus 11144 pieces of registration for computer software and other works’ copyright. Chengdu is being consciously built into an ecological environment conducive to stimulating and safeguarding innovation; it successfully passed the review and acceptance as a State Intellectual Property Demonstration City, and was approved as a Demonstration City for Small and Micro Businesses Entrepreneurship and Innovation Base; it was included by the Fortune in the “Top 10 cities to start business in Chinese Mainland in 2015”. Furthermore, the effort exerted in encouraging people to start business and make innovations was praised by the State Council.

    I. Patent Management & Protection Mechanism Construction Deepened with New Achievements Made

    The incentive mechanism was continuously improved to motivate innovation and entrepreneurship. The CPC Chengdu Committee and Chengdu City government issued The Decision on Systematic Implementation of Comprehensive Innovation and Reform, and Accelerating the Construction of Regional Innovation and Entrepreneurship Center with International Influence, and made the overall plan with regard to perfecting the IPR creation and application mechanism as well as reinforcing IPR protection and management. Chengdu’s Administrative Measures for Subsidies for R & D of Strategically Significant New Products and Key New Products was issued and executed, so as to strengthen policy guidance to spur IPR transformation of innovative achievements and intensify support to innovative products with proprietary IPR. 55 patent awards of 2014 were rated and commended, including 3 golden awards, 20 silver awards and 32 excellence awards. 9 patents including “near-infrared light absorptive glass, elements and light filter” won the excellence award of the 17th China Patent Award; “self-constriction infusion bottles and bags without generating negative pressure in the process of transfusion”, together with other 15 patents, were granted with the Patent Award of Sichuan Province. With the progress made in IPR pilot projects, the city passed the first-round review as a State Intellectual Property Demonstration City and launched a new round of demonstration city development. Xindu District and Xinjin County were approved as the National Leading County (District) in IPR of 2015. And Longquanyi District was included into the new batch of national experimental zone for patent-guided industry development. In Chengdu, there are already one National IPR Demonstration Park, one National IPR Demonstration and Cultivation City (county-level city), 5 National Leading Counties (Districts) in IPR, 2 Pilot Counties and 36 IPR pilot demonstration enterprises. The IPR-related public service was raised to a new level. Patent status analysis and the technology roadmap were exploited to navigate the development of relevant industries; 5 research reports on patent-guided industrial development were completed, covering such industries as civil aviation, automobile, rail transit, photovoltaic power system and high performance fiber; patent status analysis was conducted to cover a dozen trades like E-commerce, medicine, cloud computing and robot technology. The national standard Norms for Corporate Intellectual Property Management was thoroughly implemented, more than 20 IPR related service providers, including Chengdu Jiuding Tianyuan Intellectual Property Agency Co., Ltd. and Chengdu Tianjia Patent Office, were chosen as backbone consultants to help enterprises implement the Norms; over 20 enterprises, such as Sichuan Academy of Aerospace Technology, CDGM Glass Co., Ltd. and Chengdu Sobey Digital Technology Co., Ltd., had passed the conformity certification. The Action Plan “Entrepreneurship in Tianfu” supported by IPR was implemented across the board. Focusing on the “awareness, acquisition, utilization and protection” of patent rights for SMEs, the program of “Entrepreneurship in Tianfu·Jin Rong Hui” was run 15 times, coupled with other series of activities, such as “Jin Rong Entrepreneurship Sharing Session – UMKM’s Patent Mining and Trusteeship” and “IPR-related Financial Service – Banks and Enterprises Communicate Face to Face”; moreover, over 20 (plus) themed activities, including an IPR appraisal road show for “Chengdu Youth Entrepreneurship Competition” as well as IPR service entering “Incubators” and “Maker Space” were organized, and the number of participants exceeded 10,000 people.

    Administrative law enforcement was intensified to reinforce patent protection. Three special campaigns were launched, namely, Campaign against IPR Infringement and Manufacturing & Selling Counterfeit and Shoddy products, Campaign “Escort” for IPR Law Enforcement and Rights Protection, as well as Campaign for Patent Law Enforcement and Rights Protection in E-commerce. Adopting the mode of joint law enforcement at province-city-county level or city-county (district) level, 15 patent-oriented administrative law enforcement campaigns were conducted, during which law enforcement officials engaged for 289 man hours,over 34,700 pieces of material were inspected, 186 patent logos were registered, 77 irregular patent logos were corrected, 34 counterfeit patents were investigated and punished, 47 cases involving patent infringement were handled, and the case settlement rate reached 96.3%. Administrative law enforcement was also intensified during exhibitions. During major exhibitions, such as the 18th Chengdu International Automobile Exhibition and the 92nd China Food & Drinks Fair, an IPR protection station was set up to receive reports and complains and provide an IPR consultation service. With more efforts paid to foster national-level standardized markets in terms of IPR protection, Jinhengde International Auto Parts Supplies City and Wanguan International Hardware & Electro-machinery Market established and streamlined the working mechanism and system concerning IPR protection. Chengdu Haining Leather City was approved as one of the second batch of standardized markets in terms of IPR protection. Assistance to IPR protection was also intensified. Around 400 man hours of “12330” telephonic counseling and on-the-spot counseling were provided in 2015, and 28 cases of IPR infringement report or complaint, or for right protection assistance were accepted and handled.

    The number of patent applications and patents granted maintained a momentum of rapid growth. Through 2015 there were: 77538 patent applications including 29791 invention patent applications, an annual increase of 19.34% and 34.83% respectively; 44852 patents including 6206 invention patents granted, annual increase of 40.4% and 54.3% respectively. By the end of 2015, Chengdu held 19758 valid patents for invention, equivalent to 13.6 valid invention patents per 10,000 persons in Chengdu, which increased by 33.9% and 34.9% respectively when compared with the numbers of 2014.

    II. Trademark Strategy Demonstration Project Advanced with New Breakthrough Achieved

    A great deal of attention was paid to brand cultivation. The experiences of trademark strategy demonstration units in various industrial parks were promoted. Brand-related service was strengthened for small and micro-sized enterprises, and the mechanism covering brand guidance, motivating, support and protection was established and improved; 100 enterprises were selected as key enterprises to be cultivated; relying on the brand service expert panel, “one-to-one” and door-to-door guidance service was provided to help small and micro enterprises in solving problems encountered during brand establishment, utilization and management, rights protection and market expanding, so as to promote sound and sustainable development of these enterprises. Thanks to above efforts, small and micro enterprises with a yearly output value under CNY 30 million successfully had their 13 brands approved as famous Chengdu brands.

     The “Tianfu Brand” was vigorously promoted. The Information Office under the municipal government issued the Report on Chengdu Brand Strategy and Brand Development of Industrial Parks in 2014, which highlighted the achievement and great potential of the “Chengdu Brand”. A special report on China’s reputed brand “Created in Chengdu” was organized to nurture local brands and support the development of small and micro enterprises. The positive influence of brand strategy in promoting industry upgrade was manifested in full through a series of themed publicity campaigns, such as “Experience Satisfactory Shopping in Chengdu”, “Jointly Constructing and Sharing International Shopping Paradise”. The municipal resources in Chunxi Road, Shuncheng Street, Yongfeng Flyover and other prime locations as brand showcase platform were fully exploited. A program of12 no-profit brand shows were organized, through which public popularity and influence of local brands were significantly boosted. The representative enterprises of well-known and famous brands were organized to participate in the 2015 China Trademark Festival, during which the achievements of Chengdu Trademark Strategy were exhibited and publicized; as a representative of “Tianfu Brand”, Sichuan Tianwei Food Co., Ltd. concluded a sales agreement of CNY 2 million with enterprises from Haikou City.

    Law enforcement was intensified to safeguard trademarks. In 2015, 193 cases involving exclusive right infringement of using registered trademark were settled and a total amount of CNY 3,103,700 in fines was imposed. Symposiums attended by Chengdu enterprises with well-known brands were convened to identify the particular needs of enterprises for right protection, and certain enterprises were included in the catalogue of enterprises under emphasized protection. Law enforcement efforts against infringement and counterfeiting behaviors were strengthened. A special law enforcement campaign was launched to protect the exclusive right of using the Apple brand, so as to protect IPR with a foreign trademark involved and build a favorable market environment.

    III. New Heights Achieved in Construction of Copyright Demonstration City

    The city’s capability to spur the development of copyright service industry was further uplifted. The plan to construct Chengdu International Copyright Trading Center has just been made and finalized with agreement of 10 strategic cooperative partners and 21 cooperative projects being reached. The estimated annual output value will be CNY 70 million. The city also witnessed 66 pieces of registration for works copyright and 2158 pieces of transaction for copyright derivatives, as well as preliminary formation of 6C service system covering copyright registration, copyright incubation, copyright protection, copyright appraisal, copyright finance and copyright transaction. The unveiling ceremony of the Chengdu International Copyright Trading Center & the Copyright Wealth Summit was successfully held in this city. Over 400 domestic and foreign experts, scholars, entrepreneurs, lawyers and young designers in the domain of copyright attended this event, during which 17 paper presentations were delivered and 9 major targets were realized. The event has received high praise from the National Copyright Administration and the Office of World Intellectual Property Organization in China. In view of the market requirement for copyright value assessment, the National Cultural Market Survey and Assessment Center under the Ministry of Culture and the Authentication Filing Center of Artron Art Group were introduced, thus the copyright value assessment system was basically established and the foundation was laid for copyright transaction. The first case of copyright value assessment was China Realistic Picture of A Hundred Panda Scroll, whose value was assessed as CNY 7.5 million versus a market value of CNY 13 million. The first copyright financial platform in Chengdu was constructed, and relevant agreements were reached between Chengdu Keji Branch of the Bank of Communications and Chengdu Branch of Richland Equities. Thus the copyright financing channel was broadened for local creative cultural enterprises challenged by financing difficulties. Preparation was made to establish Chengdu Copyright Industry Alliance, in an effort to further integrate industrial resources such as publication, issuance, broadcast, film and television, culture and arts, applied arts, music, design and advertisement to motivate integrative development of copyright-related industries.

    The city’s competence in copyright creation and management was further enhanced. The skill development plan was initiated for copyright agents; Chengdu took the lead nationwide in introducing the Copyright Protection Center of China and Education & Training Center of the Ministry of Human Resources and Social Security, and conducted trial dual-certificate training to foster copyright agents’ professional competence and cultural creativity personnels’ (copyright agents’) skill levels. About 50 trainees were awarded with dual certificates, filling the gaps in cross-domain talent(copyright agents), who can provide copyright service for either press and publications, or broadcast, film and television, or culture creativity and design service, in Chengdu and even the Southwest China. Along with the introduction of the Training Base for Chinese Cultural Creativity Personnel, a long-term training system was established for cultural creativity personnels and a practical training mode was initiated. More job opportunities were created through brand building pioneered by leading enterprises. Chengdu Aiminer Shoe Company, by inheriting and innovating featured Sichuan embroidery culture, provided jobs for 300 “moms”; tailored training was conducted for copyright protection of Sichuan embroidery crafts, aiming at cultivating Sichuan embroidery brands under copyright protection and building an industry chain of copyrighted Sichuan embroidery.

    Chengdu unceasingly endeavored to enhance its capability for copyright protection as well. The city actively joined the special campaign against IPR violation as well as the manufacture and sale of shoddy & counterfeit commodities, the “Action Sword Net 2015” against cyberspace tort & piracy and other special campaigns were launched. Throughout the year, over 20,000 unit/times of inspection campaigns were operated, 188 cases involved in “pornography or illegal publications” were handled, over 90,000 pieces of illicit publications were confiscated, over 10,000 pieces of harmful information on internet were handled, more than 1,500 illegally operated accounts were cancelled, 36 websites spreading obscene and pornographic content were shut down, and 8 cases of copyright disputes were mediated. All of these actions had played a positive role in safeguarding the legitimate interests of copyright owners. Four cases handled by this city were included in the cases under supervision of the National Copyright Administration and the National Office against “pornography or illegal publications”: the infringement and piracy case charged against “imanhua” website, the private server case against “Fengyun Silu”, the case of Xinyu Book Store on suspicion of selling pirated publications as well as “7.16 case” concerning production and sale of illegal publications instigating Tibet issues. The settlement result was appreciated by the National Copyright Administration.

    IV. Case Investigation Emphasized to Crack Down on IPR-related Violations & Crimes in An Effective Way

    Public security organs of Chengdu spent more effort in the fight against IPR-related crimes. Giving full play to its leading role, they carried out special campaigns to crack down on the manufacturing and sale of shoddy & counterfeit commodities as well as IPR infringement and piracy, and placed a strong emphasis on “Action Safe Chengdu and Iron Fist” as well as “Action Sword Net 2015”. With a strong sense of political responsibility and sense of duty, despite other heavy tasks like safeguarding social stability, the public security organs acted to timely crack a number of IPR-related crimes, resulting in a sounder market in Chengdu and better protection of consumers’ legitimate rights and interests. Such achievement was praised by party committees and governments at different levels. Chengdu public security organs organ had filed and investigated 82 cases of this kind, seized 143 criminal suspects (among which 135 were processed for prosecution), destroyed 50 sites involved in counterfeiting and confiscated over 200,000 pieces of counterfeit packing materials and trademarks; the amount involved in these cases surpassed CNY 50 million.

    V. Procuratorial Organs’ Function Fully Exploited to Fight against IPR-related Crimes

    The working system of “Linking up administrative law enforcement and criminal law enforcement” was further improved. Chengdu procuratorial organs strengthened coordination with various departments with administrative functions of IPR, so as to integrate IPR law enforcement resources and realize multi-agency cooperation and efficient coordination linking IPR administrative protection and juridical protection; so as to rein the phenomena of replacing criminal punishment with administrative penalty and avoiding failed case filing, to standardize and guide law enforcement actions, and generate concerted efforts to protect intellectual property rights. To that end, an information sharing platform regarding “linking up administrative law enforcement and criminal law enforcement” was built for procuratorial organs, public security organs and administrative organization. By the end of 2015, it is able to offer basic and multiple  functions including online sharing of administrative law enforcement information, online supervision of law enforcement, online handling of cases, online transmission of documents and online data statistics. Under such supervision, 24 pieces of evidence of IPR-related crimes were transferred to the public security organs from the organs of administrative law enforcement.

    The fight against IPR-related crimes was strengthened. After investigation, Chengdu procuratorial organs approved the arrest of 43 persons for IPR infringement, among which 21were for counterfeiting registered trademarks, 12 for selling commodities with counterfeit registered trademarks, 8 for copyright infringement and 2 for business secret infringement. Moreover, the procuratorial organs instituted prosecution against 115 persons involved in IPR infringement crimes, including 89 for counterfeiting registered trademarks, 19 for selling commodities with counterfeit registered trademarks, 1 for illegally manufacturing and selling the illegally manufactured registered trademarks, and 6 for copyright infringement.

    VI. IPR Case Hearing Strengthened to Safeguard Legitimate Interests of Obligees

    The “three in one” trial pattern was fully implemented. Chengdu Intermediate People’s Court amended and improved the Detailed Rules for Implementation of the “Three in One” Pilot Work for IPR Case Hearing”, so as to suit the demand raised by stage II pilot work for relatively centralized jurisdiction of Chengdu’s administrative cases. In 2015, Chengdu courts accepted 2418 cases with IPR involved, including 2366 civil cases, 51 criminal cases and 1 administrative case; adopting the “three in one” trial pattern, Chengdu courts settled 2152 IPR cases, including 2104 civil cases, 47criminal cases and 1 administrative case.

    Judicial protection was reinforced. In light of the large ratio of categorized IPR cases (the cases with same subject and same rights), Chengdu courts allocated special adjudicatory personnel and assistants for trial of such cases, in an effort to handle those cases according to complexity and priority, and enhance efficiency. Thus, Chengdu Intermediate People’s Court achieved an annual increase of 50% in terms of per capita case settlement quantity and an increase of 22% in efficiency (the time averagely spent to settle a case was reduced to 124 days from 159 days in 2014). A Chief Judges’ Joint Conference was held to consolidate the laws applicable in categorized IPR cases hearing and adjudication standards, so as to ensure “same adjudication standards adopted in settlement of the cases of the same category” and the quality of case hearing. The courts made the most of both civil remedy and criminal punishment measures to handle the IPR infringement cases involving maliciously manufacturing and selling counterfeit commodities. For instance, the case of counterfeiting registered trademark of “Space7” and the case of “Space7” trademark infringement were settled as follows: on account of manufacture and sale of fake and inferior hygienic products, which is treated as the case that has caused serious harm to people’s health, the four defendants were sentenced to fixed-term imprisonment ranging from one year and six months to three years and six months respectively, plus penalty totaling CNY 2.2 million; while in terms of civil remedy, the defendants were also sentenced to compensate the plaintiff for economic loss of CNY 1 million. With regard to the cases with famous brands, famous enterprises or large amounts involved, compensation measure was further employed. In the case of lawsuits against Mr. Li and some other defendants filed by Guizhou Maotai Co., Ltd., Yibin Wuliangye Co., Ltd. and Sichuan Gulin Langjiu Liquor Factory Co., Ltd. for sale of shoddy liquor as well as claim for compensation exceeding CNY 1 million, the court, in line with the judicial policy stressing “intensified protection as well as balanced consideration of severe punishment and mercy”, ordered the defendants to stop infringement actions and compensate the above-mentioned plaintiffs CNY 1.02 million, CNY 0.7 million and CNY 0.25 million respectively.

    “Accompanying guidance” was thoroughly implemented to deal with IPR-related civil cases. During trials of such cases, the courts paid close attention to the deficiencies and risks existed among the parties involved in terms of IPR management and safeguard, pointed out the problems, analyzed the causes, explained legal provisions concerned and offered suggestion in a timely manner, so as to ensure that the parties can follow, beyond fair judgment, the professional suggestions from IPR judges. Following the judgment, the courts would offer guidance and issue early warning to the parties involved, in the form of opinion exchange and judicial suggestion, targeting at the problems and risks existing in creation, application, protection and management of intellectual property rights. In 2015, the courts gave individual guidance to nearly 300 cases, and received feedbacks from 15 businesses including HUASHI Group, Quanyou Furniture and some other well-known enterprises, proving that good social effect had been achieved to some extent.

    VII. Port Supervision Intensified to Elevate Customs’ Protection of Intellectual Property Rights

    Key ports were put under intensified supervision. Chengdu Customs reinforced the supervision of key ports, including airport customs as well as post office agencies and on-site offices of customs. Based on combination of early-stage risk analysis and field supervision, the customs redoubled efforts to crack down the infringing imports & exports in the form of “breaking up the whole into parts” or “ants’ moving”(meaning Many a little makes a mickle). Major efforts were made to crack down the infringing goods ) like luggage, watches, cosmetics, drugs, foods, electronic products and home appliances imported to or from Africa, USA, Europe, Hong Kong, Southeast Asian Countries (or regions). Relevant law enforcement mechanism were further improved, so as to maintain a tough stance against IPR violation and making & selling of fake and inferior commodities targeted at major goods such as goods for everyday consumption, cosmetics, electrical equipment through mail and express delivery from cross-border internet trading. Throughout the year, no large-scale infringement act was discovered along the Import & Export segment under the jurisdiction of Chengdu Customs.

    Key points were highlighted during special campaigns. Chengdu Customs joined the “Action Cleaning” to safeguard the overseas images of the products made in China through which the law enforcement awareness of the parties concerned was enhanced, conducive to safeguarding the international image of the products “made in China”, or more specifically, “made in Sichuan”. For this purpose, Chengdu Customs established a special mechanism of leadership and coordination to strengthen coordination and strategic cooperation in independent IPR protection with other law-enforcing departments as well as the trade associations and export-oriented famous-brand enterprises, and to further regulate and improve the legal guidance and operational norms concerning law enforcement criteria and discretionary power. Through these efforts, the import & export enterprises and processing trade enterprises under the jurisdiction of Chengdu Customs further enhanced their awareness to seek IPR protection and do business legitimately.

 



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