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2010年天津市知识产权保护状况
         (2011-05-05)
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2010年天津市知识产权保护状况白皮书

天津市知识产权战略领导小组办公室

(二O一一年四月)

 

2010年是天津市知识产权工作具有里程碑意义的一年。全市知识产权保护工作在市委、市政府的正确领导下,按照胡锦涛总书记“一个排头兵”、“两个走在全国前列”的重要要求,各项工作取得突破进展,《天津市知识产权战略纲要》正式发布实施,知识产权促进发展方式转变和创新型城市建设的战略地位得到确立,促进知识产权保护环境进一步优化,标志着天津知识产权保护进入新阶段

一、全面推动实施《天津市知识产权战略纲要》,为加强知识产权保护提供战略支撑。

市委、市政府高度重视知识产权工作,主要领导对知识产权工作多次做出批示。《天津市知识产权战略纲要》及其《任务分工》于2010年3月1日通过市政府第45次常务会议审议正式发布,成为指导我市今后一段时期内知识产权工作的纲领性文件。市政府召开了知识产权战略纲要发布暨实施动员大会,全面启动我市知识产权战略纲要实施。一年来,全市各部门、各区县按照《纲要》的部署采取多种措施,积极推进《纲要》的实施市知识产权战略领导小组办公室编印了《<天津市知识产权战略纲要>辅导读本》和《纲要》单行本,开展了纲要系列宣讲活动,建立了天津市知识产权战略工作信息平台。全市相关部门、区县、行业总公司、企业集团制定了战略实施方案,市知识产权局牵头编制完成全国首个省级政府审批的《天津市知识产权“十二五”规划》。组织开展立法工作并制定相关配套政策,市政府常务会审议通过《天津市专利促进与保护条例》,市政府办公厅印发了《天津市专利奖评奖办法》,市文广局研究制定了《天津市动漫产业人才扶持意见》,市版权局制定了《天津市知识产权“十二五”规划—版权发展专项规划》,市质监局启动了《实施名牌战略“十二五”规划》、《天津市标准化“十二五”规划》的编制工作,市发展改革委组织开展的《天津市高新技术产业发展“十二五”规划》、《天津市战略性新兴产业发展“十二五”规划》以及会同市经信委、市科委、市财政局、市地税局发布了《天津市认定企业技术中心管理办法》等都将知识产权内容有机融合。市高级人民法院印发了《关于在知识产权审判中贯彻落实“调解优先、调判结合”工作原则的指导意见》。滨海新区自主知识产权创造、运用和保护能力不断增强。全市基本建立了协调有序、联动有力的知识产权保护体系,建立了知识产权战略领导小组等协调机制,全市企业知识产权创造与运用能力得到进一步强化,各部门齐抓共管的格局已经形成,统筹协调能力显著提升,全市知识产权工作进入战略管理和法制化管理的历史新阶段。

二、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,知识产权保护环境日益优化。

按照国务院“开展打击侵犯知识产权和制售假冒伪劣商品专项行动”的总体部署和市委、市政府的要求,成立了由两位副市长为正副组长、全市26个部门负责人为成员的市“双打”专项行动领导小组,市商务委、市知识产权局会同有关部门组成领导小组办公室,围绕专项行动工作重点,结合全市实际情况,制定《天津市打击侵犯知识产权和制售假冒伪劣商品专项行动实施方案》。全市范围内开展了“以保护著作权、商标权、专利权和植物新品种权等为重点整治内容,以新闻出版业、文化娱乐业、高新技术产业、农业为重点整治领域,以图书、音像、软件、大宗出口商品、汽车配件、手机、药品、种子等为重点产品”的集中整治专项行动市“双打”专项行动领导小组办公室从商务、知识产权、工商、版权、质监抽调专人集中在市商务委办公,加强“双打”工作的统一协调和组织推动。全市各相关部门分别成立了专项行动领导小组,围绕重点工作与领域制定“双打”行动工作方案,推进全市“双打”工作。

专项行动中,市工商局设立大型宣传栏106个,投诉工作站112个,张贴公告935张,出动执法人员9342人次,检查经营主体24990户,检查各类市场1170次,整治重点区域525个次。查处案件100余件,罚款43.67万元。查扣假冒兰蔻等国际知名品牌化妆品数千支,假冒LV箱包200余个,假冒金利来等知名品牌皮带近千条,查扣各类假酒5216瓶,并将两名违法经营者移送司法机关。

市版权局会同市文化市场执法总队共同开展大规模拉网式检查,出动执法人员900余人次,共检查经营单位620余家,收缴盗版图书4300余册,盗版光盘20000余张,取缔无照经营盗版图书书摊与音像店54处,联合公安部门依法拘留6人。

市知识产权局开展了近年来全市最大规模的打击专利侵权集中整治执法行动,对群体侵权、反复侵权及其他恶意专利违法行为进行查处,出动执法人员112人次,检查商业场所42家,检查产品15万件对带有专利标记的八大类近百种商品进行了造册登记。

市质监局对汽车配件、手机、化肥等重点产品实施拉网式检查,出动执法人员2402人次,对994家企业进行监督检查,立案查处30起违法案件,查获违法产品货值100余万元,重点企业建档579家。

市公安局开展“亮剑”专项行动,联合执法20余次,立案8起,破案10起,捣毁生产销售窝点28个,打掉犯罪团伙5个,抓获犯罪嫌疑人5人,起诉2人,涉案价值511.74万元。

天津海关在专项行动中共查获案件16起,侵权货物17个批次154万件,价值24.5万元。向公安机关通报案件线索6起。

全市检察机关行动中依法批准逮捕5件6人,起诉5件6人。

市文广局、市质监局、市农委、全市法院系统依职权也积极开展了专项行动。全市范围内“双打”行动取得了阶段性成果,市场环境进一步净化。

三、不断加强专利保护,促进专利创造与运用再上新水平。

专利保护工作围绕战略纲要提出的“健全知识产权行政执法体系,加强知识产权司法保护”的要求,扎实推进,净化经济发展和投资环境,有力促进各项工作开展。

知识产权执法体系建设取得新成效。市知识产权局积极打造全市知识产权联合执法和综合执法协作平台。分别与市商务委、市工商局、市公安局、市文化市场执法总队、天津海关、市高院等部门开展研讨交流,强化部门会商与通报制度,加快建立知识产权执法协调机制。与市高级人民法院建立知识产权行政保护与司法保护工作协作机制,在资源共享、培训交流、统一执法标准以及联动调解纠纷等四方面加强合作。与市公安局知识产权案件会商制度进一步深化,全市首起侵犯专利权刑事案件得到判决。

专利行政保护进一步加强。开展以查处假冒专利为目的的“雷雨”专项执法行动,以打击专利诈骗为主要目的的“天网”专项执法行动。行动中出动执法人员213人次,检查商业场所161次,检查商品13万件。2010年上海世博会期间重点检查了带有世博标志的专利产品15000多件。全年共审理专利行政案件22件,其中专利纠纷案件6件,查处假冒专利案件16件,案件调撤率达到83%,当年结案率达到100%。市知识产权维权援助中心提升12330热线服务能力,全年共接待处理各类举报、投诉、咨询779件,转交知识产权侵权案件3件。

各类展会知识产权保护工作不断深入。市知识产权局、市工商局、市质监局、天津海关等部门联合组成保护知识产权工作站,进驻中国·天津第十七届投资贸易洽谈会等23个大型展会,现场进行知识产权咨询、举报投诉和执法保护,推动全市会展业的健康发展。一年来,全市集行政保护、司法保护、自我保护等在内的知识产权保护体系基本建立,执法资源的配置日趋科学合理,执法效率得到提高。

专利创造与运用取得新成绩。知识产权保护促进了专利的创造和运用。全年专利申请25142件,同比增长31.0%;专利授权10998件,首次突破万件,同比增长52.4%;有效专利达到29672件,同比增长44.6%企业专利申请数量突破13000。市区两级专利试点企业累计达到了611家,电力公司等150家企业制定和实施了知识产权战略。天士力集团、天津大学入选全国第一批知识产权示范单位,35家企事业单位成为国家知识产权示范创建单位与试点单位。700企事业单位实现专利申请“零突破”。全市发明专利实施转化率达到80%以上。天津大学的“双质体稳定节能筛”等10项专利荣获第十二届中国专利优秀奖,海鸥手表获得首届中国外观设计优秀奖,获奖项目数量创历史新高。推动锐意泰克等24家科技型中小企业获得专利权质押贷款1.76亿元,我市成为国家知识产权局确定首个知识产权质押融资试点直辖市。

四、加大商标保护力度,提高注册商标数量与质量。

全市工商系统认真贯彻落实《关于实施商标战略促进经济发展的意见》,加强商标保护工作,成绩显著。全年商标注册申请18500件,注册商标新增11809件,注册商标累计达到68703件;驰名商标增加7件, 累计拥有驰名商标56件;著名商标新增176件,延续认定44件,累计拥有著名商标628件。

深化商标战略实施。制定《商标行政指导工作实施意见》,下发《关于加强驰、著名商标保护的通知》,将驰名、著名商标名录纳入全市企业名称查重数据库。加强对商标代理行业的监管与业务培训,提高从业人员素质。积极开展商标专用权质押贷款工作,全市企业通过商标专用权质押贷款达到1.5亿元。北辰区、经济技术开发区被确定为全国商标战略实施示范城区,天津天士力制药股份有限公司、天津天地伟业数码科技有限公司被确定为国家商标战略实施示范企业。

加大商标专用权保护力度。全市工商系统深化商标专用权保护工作,开展世博会、亚运会标志专有权等一系列执法行动,共查处各类商标违法案件382件,罚款275.7万元,没收、销毁侵权商品2.46万件,没收、销毁侵权商标标识2.36万件。其中,涉外商标侵权案件34件,罚款14.7万元。

推动农产品商标和地理标志产品商标注册。引导企业推广“公司+商标+农户”的产业化经营模式,提高涉农企业、农村经济组织和相关行业协会开展农产品商标和地理标志商标注册积极性,“茶淀”葡萄、“七里海”河蟹地理标志证明商标被国家工商总局商标局公告核准注册。开展地理标志资源普查工作,宝坻“黄庄大米”、汉沽“杨家泊”对虾等20余件地理标志证明商标提出注册申请。

五、加强著作权管理与保护,严厉打击侵权盗版。

全市不断加强新形势下著作权管理和保护工作,取得了显著成效。

版权行政执法不断加强。市版权局、市文化市场执法总队等部门联合开展打击盗版音像制品、打击网络侵权盗版专项治理“剑网行动”、世博会版权保护等专项行动,制定版权保护长期规划,建立快速反应机制。对天津北方网、天津热线、酷天津等网站进行检查与督导。全年收缴非法音像制品2万余张,盗版图书3967册,办结2起网络侵权盗版案件。组织12家出版单位参加第十七届北京国际图书博览会,版权引进73项,版权输出103项,首次形成版权贸易顺差。全年审核登记图书涉外版权合同159个;复录加工合同14个;审核电子出版物合同1个。审核引进境外软件认证10个。

扎实开展文化市场知识产权管理与保护。市文化市场执法总队紧紧围绕上海世博会、广州亚运会、天津夏季达沃斯论坛等重大活动,开展七大专项工作,取得突出效果。全年出动执法人员60145人次,检查出版物市场和店档19491个次,取缔关闭非法店档478个,收缴各类非法出版物391819件检查各类文化经营单位16959家(场)次,对10家违规经营场所责令停业整顿,吊销《文化经营许可证》1家;查办文化市场各类案件800余起;拆除非法卫星电视广播接收设施800余台,走在全国前列。4月,在天津人民体育馆前广场举行了全市规模最大的侵权盗版及非法出版物集中销毁活动,共销毁43万余张光盘、3万余册书刊

积极开展非物质文化遗产保护工作。举办全国非物质文化遗产展示会,全国25个省市的70多个国家级非物质文化遗产项目齐聚津城。天津市非物质文化遗产馆建成并开馆,集中展示全市已公布的110项国家级和市级非遗项目非遗普查工作继续深入,建立完备的非遗项目档案和数据库。编辑出版《天津市第一批非物质文化遗产名录图典》,定期举办专家讲座和代表性传承人讲座,开展天津市第二批非物质文化遗产传承人评审工作。

动漫产业发展步入新阶段。全市7家企业通过首批动漫企业认定,位居全国各省市第五。举办首期“中国原创动漫推广计划暨天津动漫文化夏令营”。神界漫画的《四大名著》系列等通过重点动漫产品认定,创下全国唯一的单个动漫企业认定作品数量最多的记录。《三国演义》等入选国家“原创动漫扶持计划”;猛犸科技被评为“中国创意产业高成长企业100强”;《封神OL》获中国游戏产业年会“十大最受欢迎原创手机游戏”奖;《草莓乐园》和《小男生阳帆》被国家广电总局评为全国优秀动画片推荐作品;全市一批动漫人才脱颖而出。

六、有效推进地理标志产品、名牌产品、标准化战略、WTO/TBT通报咨询知识产权保护工作。

全市质监系统结合自身职能,落实纲要精神,地理标志产品、名牌战略、标准化战略以及WTO/TBT通报咨询等四个主要任务进行细化分解,有效推进各项工作。

加大地理标志申报和使用的力度。国家质检总局发布公告批准蓟县“天津板栗(天津产区)”和静海县“台头西瓜”实施地理标志产品保护的申请;核准了天津市天立独流老醋股份有限公司“独流老醋”地理标志产品保护专用标志的使用申请。宁河县义聚永高粮酒、玫瑰露酒、五加皮酒等三种产品获得了国家地理标志产品注册保护。

大力实施名牌战略。制定并出台了《天津市名牌产品管理办法》,召开了天津市名牌产品生产企业表彰会。市实施名牌拳头产品战略领导小组办公室组织认定了131种天津市名牌产品,截至目前,全市共有308种天津市名牌产品。

加快实施全市标准化战略。落实《标准化战略纲要》,完善标准化工作运行机制,建立健全“市场引导、企业自主、政府推动、社会参与”的标准化工作推进机制。一是积极推动企业加大国际标准和国外先进标准的采标力度,通过消化吸收再创新,形成有自主知识产权的技术标准。二是坚持与品牌建设相结合。坚持以技术标准为核心,着力打造品牌的核心价值。

加强WTO/TBT通报咨询工作市WTO/TBT通报咨询中心积极在全市建立国外技术性贸易措施预警机制,形成定期通报制度。开展了两期TBT宣传和知识普及,帮助企业克服国外技术壁垒的限制,提高国际竞争力。

七、强化执法,植物新品种保护稳步发展。

市农委系统明确以农产品保鲜与加工技术等为核心的9大专利(含计算机软件)技术保护群;以杂交粳稻新品种等为核心,建立粮食作物和蔬菜新品种2大植物新品种保护群,扎实进取,促进农业知识产权保护在农业经济结构调整、转变经济发展方式中发挥更大的作用。全年新申请植物新品种权7项,授权4项。全市累计申请水稻、小麦、玉米、黄瓜等植物新品种权45项。

依法开展植物新品种权的保护,启动种子执法年活动,净化种子市场,全年出动执法人员90余人次,执法车辆30余部次,检查70余家种子经营户,检查主要农作物品种120余个,210余批次,非主要农作物300余批次。

八、加大保护力度,海关知识产权保护迈上新台阶。

天津海关抢抓全市实施知识产权战略纲要的机遇,以加强自主知识产权保护为重点,全面推进海关知识产权保护再上新水平。全年共查处各类侵犯知识产权案件221起,同比增长130%,查扣侵权货物706万件,同比增长203%,价值2283万元人民币,同比增长221%,在全国海关知识产权案件中按查获商品批次、货物数量和案值分列第8位、第5位和第5位。国际足联和上海世博会事务协调局分别致函对天津海关在“FIFA”商标专用权和世博会标志边境保护中的工作表示感谢。

加强自主知识产权保护。天津海关多措并举,重点扶持天津同鑫、上海凤凰等自主品牌企业走自主创新之路。引导全市外贸企业注重知识产权的意识,调查、走访了天津五矿等20家天津地区重点出口企业,了解企业在知识产权海关保护方面的需求。年内共查获侵犯我国自主知识产权的案件36件,同比增长350%,占查获案件总数的20%,共保护了全国11个省、直辖市25个权利人的36项自主知识产权。

健全执法机制。制定并实施《天津海关知识产权保护工作制度》,组建关区知识产权业务联络员队伍,贯彻落实新修订的《知识产权海关保护条例》,对知识产权保护现场查控有关程序和基本操作展开培训,提高一线关员执法水平。

九、采取有力措施,严厉打击侵犯知识产权违法犯罪。

全市公安系统不断加大对侵犯知识产权犯罪的打击力度,全年共受理侵犯知识产权犯罪案件19起,其中立案10起,破案6起,涉案总值1178万元,挽回经济损失241万元,抓获犯罪嫌疑人9名。

开展知识产权保护专项行动。全市公安系统继续强化知识产权保护,会同市知识产权局、市工商局、天津海关等部门开展世博会等打击侵犯知识产权犯罪专项行动,充分发挥行政执法和司法保护两条有效途径并行运作的优势,对侵权行为多发地与相应重点领域开展执法检查,有效净化市场环境。

建立案件移送绿色通道。全市公安系统与知识产权、工商、质监、版权、药监等行政执法部门沟通联系,建立“案件移送绿色通道”并设立联络员,通过与行政执法部门建立完善调查取证、信息快速查询和转递、重点案件联合督办、联席会议、情况交流通报等机制,积极构建全市打击侵犯知识产权犯罪长效机制,实现行政执法与刑事执法有效衔接。

十、充分发挥司法保护知识产权的主导作用,权利人与公众利益得到有效维护。

全市各级法院与检察院积极支持企业自主创新,在转变经济增长方式、调整经济结构工作中,充分发挥职能作用,依法打击各类侵犯知识产权犯罪。

依法公正高效审理知识产权案件。2010年,全市法院系统共受理各类知识产权案件562件,同比增长85%;结案595件,同比增长127%。审结知识产权一审民事案件515件、刑事案件8件、行政案件1件。公开审理天津顶津食品有限公司与统一企业(中国)投资有限公司、北京统一饮品有限公司专利侵权及不正当竞争纠纷案等一批具有较大社会影响的知识产权纠纷案件,依法保护权利人的合法权益,及时有效制裁侵权行为。

加强知识产权案件诉讼调解。认真贯彻落实“调解优先、调判结合”工作原则,把依法调解贯穿于审判工作全过程,主动加强与知识产权行政管理部门和各行业协会的沟通协作,积极开展联合调解。全年知识产权案件的调解和撤诉率为62%,调撤案件的自动履行率为100%。微软公司与列奥纳多(天津)汽车模具有限公司计算机软件著作权纠纷等调撤案件,均取得了良好的审判效果。

规范知识产权案件裁判标准。严格依法审判,通过制定指导意见、典型案例指导、专题调研等方式,有针对性地开展了适用法律疑难问题、新类型案件和重大课题的研究,统一司法认识,规范司法尺度。全年先后开展了关于天津高新科技企业知识产权保护问题、网络著作权案件法律适用问题、域名侵权纠纷问题等的研讨,制定了《关于审理网络著作权纠纷案件若干问题的试行意见》。

积极参与社会管理创新。积极探索知识产权保护机制创新,制定《关于加强知识产权民事审判司法建议工作的意见》,强化审判延伸服务。发布《2009年天津法院知识产权司法保护状况》、《2009年天津知识产权审判十大典型案例》、《2005—2009年天津知识产权审判大事记》,扩大知识产权司法保护的社会影响。

严格履行检察职责全市各级检察机关共依法批准逮捕涉嫌侵犯知识产权犯罪嫌疑人8人,其中批捕涉嫌假冒注册商标罪6人,批捕涉嫌销售假冒注册商标商品罪2人。依法起诉9人,其中涉嫌假冒注册商标罪6人,涉嫌销售假冒注册商标商品罪2人,侵犯商业秘密罪1人。

建立打击侵犯知识产权犯罪专案办理机制组织专人对知识产权犯罪进行研究,建立知识产权案件研讨和指导机制,准确界定案件性质和涉嫌罪名,提前介入指导案件侦查,准确把握逮捕尺度,对符合条件的案件依法快捕快诉,确保及时有力打击侵犯知识产权犯罪。

十一、加强宣传培训,营造知识产权文化氛围。

全市各部门、各区县利用“4.26”世界知识产权日、“12.4”普法宣传日等积极开展以实施知识产权战略为重点的宣传活动。4月,市政府新闻办公室召开“天津市知识产权战略纲要与2009年天津市知识产权保护状况”新闻发布会。举办以“实施知识产权战略,促进经济发展方式转变”为主题的“知识产权周”活动,开展论坛、咨询服务、制作宣传片等活动,在《天津日报》开设专版,网站开设专栏。举办战略纲要“百场宣讲会”系列活动,发放《天津市知识产权战略纲要》、《<天津市知识产权战略纲要>辅导读本》2000余册。召开部分市人大代表、政协委员参加的“实施知识产权战略,提升全市自主创新能力”座谈会;编辑印发3万余字的《专利纠纷—典型案例选编》发放给社会各界;市知识产权局与今晚传媒集团联合市律师协会等部门举办知识产权保护座谈会;举办了“企业海外知识产权维权实务”讲座;天津海关门户网举办“4.26”主题在线访谈节目;天津海关与滨海新区联合召开“天津市滨海新区外贸企业自主知识产权海关保护推介会”;利用《中华人民共和国著作权法》颁布实施20周年纪念日之机,市版权局、市教委、团市委组织举办保护版权主题教育“绿书签行动2010”签名活动与“今日读正版书、未来做诚实人”颁奖暨赠书仪式;召开“天津市卡拉OK版权许可集体签约暨授牌大会”;启动实施天津市工业品外观设计促进行动和青少年知识产权促进行动,举办巡回宣讲等近100场。120多所学校的上万名学生、2000名设计人员参加行动,促进专利申请近万件

全市建立健全了多层次、多渠道、全方位的知识产权教育培训体系,全年举办高等院校领导干部知识产权研讨班、区县知识产权领导培训班、市重大项目知识产权培训班等大型培训活动25次。领导干部知识产权培训已经成为品牌培训活动,在全国引起较大反响。

不完全统计,全市全年共开展知识产权战略宣讲、论坛、讲座、座谈会60余场,参加人员超万人,主要媒体上刊登、播放反映全市知识产权内容的报道、专版1200余篇(次),发送宣传资料约2万多份。开展知识产权培训103次,培训1.2万人次。中央电视台、中央电台、《科技日报》、《中国知识产权报》等国家级媒体多次以专版、专题、通讯等形式报道天津的知识产权工作,全市尊重知识、尊重创造、诚信守法的良好氛围已逐步形成。


 

 

 

 

2010 White Paper on Intellectual Property Rights Protection in Tianjin

Tianjin Leading Group Office of Intellectual Property Strategy

 (April, 2011)

 

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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