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2012年天津市知识产权保护状况
         (2013-05-03)
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  2012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一三年四月)


 

  2012年天津市知识产权保护工作在市委、市政府的正确领导下,深入实施知识产权战略,进一步开展打击侵犯知识产权和制售假冒伪劣商品专项行动,不断巩固知识产权保护长效机制,营造了良好的创新发展环境,为提高企业核心竞争力,加快创新型城市建设,促进经济社会可持续发展提供了坚实有力的保障。

  一、知识产权保护制度建设不断完善

  知识产权战略全面深化实施,促进全市知识产权综合实力和总体水平进入全国先进行列。颁布实施的《天津市第六届东亚运动会知识产权保护办法》是我市第一部关于运动会的知识产权保护法规。出台的《天津市商业流通领域专利商品监督管理办法》是新《专利法》实施以来我市第一部专门规范商业流通领域专利工作的政策性文件。制定《天津市加强知识产权工作促进战略性新兴产业发展的实施意见》,为新兴产业的培育与发展提供保障。出台《为社会主义文化大发展大繁荣提升知识产权司法保障与服务的实施意见》,充分发挥知识产权审判对文化建设的规范、引导、促进和保障作用。制定《天津市质量技术监督行政违法“黑名单”曝光暂行规定》和《天津市质量技术监督约谈制度》,填补了制度空白。制定《天津市市、区(县)两级政府机关软件资产管理办法》、《天津市软件正版化长效管理制度》,巩固软件正版化工作成果。

  二、知识产权保护长效机制建设不断深化

  (一)知识产权保护协作机制不断完善。

  全市知识产权执法部门通过座谈交流、案件研讨、案例会商、咨询服务、联合执法等方式,不断完善信息共享、执法联动、宣传培训、援助服务为重点的知识产权保护协作机制。连续多年发布天津市知识产权保护状况白皮书,全面反映全市知识产权保护状况。市版权局、市文化市场行政执法总队、市公安局、市通信管理局、市网络文化建设和管理办公室组织成立“天津市打击网络侵权盗版专项治理工作领导小组”。提高执法效能,深化两法衔接。市知识产权局与市高级人民法院深化协作机制,联合召开科技小巨人企业知识产权保护座谈会,提高企业知识产权保护水平。全市通过联合执法、座谈会、案件会商和主题宣传日活动,进一步深化行政执法机关与公安机关的合作联动。

  (二)积极建立跨省市区域协作机制。

  积极建立完善跨区域执法协作机制,形成工作合力。与北京、上海、广东等九省市签订了专利行政执法协作协议,针对具体案件研讨沟通,畅通案件移送渠道,帮助权利人利用协作机制异地维权。签署《华北五省区市工商行政管理局区域合作协议》,在服务区域经济发展、市场竞争监管、行政执法、消费者权益保护、流通领域商品和食品质量监管及信息共享等方面开展密切合作,推动省际间知识产权保护工作深入开展。

  (三)知识产权维权援助能力不断提高。

  完善12330维权援助及网上举报投诉工作平台建设,增强12330服务功能,提高服务能力,提供知识产权咨询、举报投诉、维权援助等服务1430人次。以促进科技型中小企业发展为重点,大力开展企业维权援助服务,解决企业知识产权保护难题。积极推动本市行业协会开展专利保护工作,在自行车等行业协会建立知识产权维权应急求助工作渠道,开展企业海外专利纠纷应急救助工作。

  三、全市“双打”行动取得突出成效

  2012年全市继续深入落实党中央、国务院提出的“保护知识产权和打击制售假冒伪劣商品工作,推动我国知识产权保护和产品质量安全水平不断提高”的工作宗旨,围绕净化市场、保障民生、提高天津国际竞争力的总体思路,突出两个环节、两个领域和三个区域,继续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。全市共出动行政执法人员10万余人次,开展各类检查万余次,立案1700余件,涉案总金额11.34亿元,捣毁窝点344个,罚没物品30多万件。我市各行政机关和公、检、法机关依职责相继查处了柏泰瑞康公司涉嫌销售假冒注册商标的商品案等一批侵犯知识产权和制售假冒伪劣的典型案件,有力震慑了违法犯罪分子,维护了市场的有序稳定。
强有力的知识产权保护工作促进全市知识产权数量再创历史新高。2012年全市专利申请41500件,申请注册商标21952件,审核登记图书涉外版权合同333个,176种产品获得天津名牌称号,新增植物新品种权申请28件。

  (一)专利行政执法力度进一步加强。

  1、深化“双打”行动,开展“护航”行动。

  市知识产权局不断加大知识产权保护力度,深化全市“双打”行动,组织实施知识产权执法维权“护航”行动,推动各区县贯彻落实。深入滨海新区、和平区等进行执法督导,在大型商场、超市、商品集散地持续开展知识产权执法检查,开展一系列知识产权保护专项行动。组织市区两级专利行政执法人员执法370人次,检查商业场所180个(次),检查带有专利标记的商品近12万件。全年立案查处专利案件77件,结案率100%。

  2、启动科技型中小企业专利“排雷”行动。

  强化专利行政保护与司法保护相衔接的同时,注重提升企业自身知识产权保护能力,引导建立专利分析和预警机制。编制《企业知识产权风险诊断指引》,刊发《知识产权内部参考》,指导企业开展知识产权风险诊断评估,累计2650家企业开展了自查。首次启动专利保护试点工作,九安电子等涉及生物医药、新能源等重点战略性新兴产业企业成为首批专利保护试点单位。通过3年的试点期,企业将建立完善的专利保护机制,提高自我保护能力。

  3、强化展会知识产权保护工作。

  通过知识产权服务宣传、执法检查、法律咨询等系列工作开展,强化全市展会期间知识产权监管,从制定方案、展前排查、展中巡查、快速调处、跟踪整治等各环节落实好重点展会的执法维权工作。增强了展会举办方、参展商及社会公众的知识产权保护意识,维护了专利权人及消费者的合法权益,避免了展会期间出现各类知识产权纠纷问题。知识产权举报投诉接待站进驻全市各类大型展会28个,接待投诉、法律咨询千余人次,收到良好社会效果。

  (二)进一步加大商标行政执法力度。

  1、开展专项治理行动。

  全市工商系统先后开展了元旦、春节、五一节期间“无公害、有机、绿色”商品打假维权专项治理;开展以酒类市场为重点的专项治理行动;以驰名商标、著名商标、涉外商标为重点,重点查处仿冒知名商品特有的名称、包装、装潢等“傍名牌”不正当竞争行为;开展打击利用互联网销售侵权商品等专项治理行动。对“大桥”等商标侵权行为开展集中专项行动10余次,查扣涉案假酒15万余瓶。全年共出动执法人员23559人次、检查经营主体43973户次、查处商标侵权案件374件,罚没款311.62万元,收缴侵权商标标识、包装物48061套(件),移送公安机关案件8件。

  2、建立商标保护与经营机制。

  制定《天津市工商行政管理局检查系统应急执法预案》,进一步增强工商行政管理机关市场监管效能,提高应对突发事件的快速反应能力,有效预防、及时控制、妥善处置市场重大突发事件。在全市范围内建立了政企协作打假维权机制,目前共与各大型企业签订协议210份,政企协作打假维权网络初具规模。

  (三)全面推进版权保护工作。

  1、加大版权执法力度,严厉打击侵权盗版。

  市“扫黄打非”办公室会同市版权局、市文化市场行政执法总队以强化日常监管为基础,以开展专项行动为平台,以加强体制机制建设为保障,加大版权执法力度。市区两级文化行政执法部门按照分工,统筹协调,各司其职,密切合作,有效衔接,形成合力,切实有效的做好版权执法工作。建立滨海新区、版权协会等四家作品登记部门,加大著作权保护力度。2012年全市出动执法人员20618人次,检查出版物市场6340家次,检查印刷复制企业3398家,销毁各类非法出版物33万张(册)。

  2、继续开展打击网络侵权盗版专项治理“剑网行动”。

  全市继续开展打击软件、影视、音乐、文字等方面和网络购物领域的网络侵权盗版行动,积极开展计算机预装盗版软件的市场治理,加大对重点软件产品的市场监管力度。对重点领域的213家网站进行了严密监控和巡查,办结网络文化行政处罚案件5起,累计罚款人民币17余万元。通过三个多月的专项治理行动有力打击了通过互联网销售非法出版物的违法行为,切断了通过互联网销售违禁和非法出版物的渠道,进一步规范了网络出版物发行行为。

  3、软件正版化工作成效显著。

  市版权局牵头通过抓住薄弱环节强力攻关、加强整改资金投入、督促检查整改、构建长效机制等四项措施,狠抓任务落实。全市50个市级政府机关按时完成了软件正版化检查整改工作,累计投入软件采购资金1933.34万元,安装操作系统软件11465套,办公软件6201套,杀毒软件110套,实现了市级政府机关的软件正版化工作目标。启动市属国有企业集团推进使用正版软件工作,15家市属国有企业列入全市2012年企业软件正版化工作目标。

  4、深入开展非物质文化遗产保护。

  市文广局加强非物质文化遗产名录体系建设,完成第三批市级非物质文化遗产名录项目申报工作,全面开展国家级非遗名录项目保护自查工作。以“文化遗产日”为契机,展示我市非物质文化遗产保护工作成果,举办“非遗进校园活动”。成功举办了第二届全国非物质文化遗产展示会,全国最有代表性的非物质文化遗产项目在天津荟萃、交流。

  (四)不断加强天津名牌、地理标志执法保护力度。

  2012年全市质监系统在“双打”工作中出动执法人员58239人次,办理行政案件828件,移送司法机关案件3件,取缔黑窝点118个,有力震慑了假冒伪劣侵犯知识产权的行为。

  1、深入开展天津名牌培育工作,不断拓展认定领域。

  贯彻落实《关于当前促进经济发展的25条措施》,将科技型中小企业申请天津市名牌产品经济效益指标放宽至申请标准的80%。2012年全市共有179家企业的195种产品申报天津市名牌产品,共有161家企业的176种产品通过审查,获得天津名牌称号,其中科技型中小企业140家,达到86.96%。目前全市天津名牌产品已经达到418种,名牌工作有效带动了企业自身管理水平的提升,促进我市整体产品质量水平不断提高。

  2、做好地理标志产品的培育、申报工作和技术性贸易壁垒措施的跟踪。

  蓟县黄花山核桃顺利通过国家质检总局组织召开的地理标志产品保护专家会议审查,成为我市第11个国家地理标志保护产品。完善技术性贸易壁垒预警平台,为我市出口企业掌握国外技术性贸易壁垒动态,提高出口产品的国际市场竞争力提供信息技术支撑。发布欧盟、美国、日本等国家发布的通报近2000项;提供我国因技术壁垒受阻案例70项;发布WTO相关信息300多项。出版《WTO与技术性贸易壁垒通报》期刊12期,统计、分析近年来欧盟、美国、日本、韩国等主要出口国发布的食品和非食品类进口产品快速预警通报、拒绝产品进口报告和产品召回报告,为政府和行业部门的决策提供依据。

  (五)对制售假冒伪劣种子和侵犯植物新品种权的打击持续保持高压态势。

  市农委双打行动中以玉米、棉花品种为主,全年开展了农作物种子市场春季、夏季、秋季的专项检查活动,出动执法人员430人次,执法车辆70余次。结合不定期的暗查暗访检查形式,涉及全市12个区的80多家种子企业或种子经销商、门市部,检查种子数量达430余万公斤。加大种子质量的抽检力度,扦取11家种子经营单位共20个样品,涉及14个品种,代表棉花种子批22805公斤农作物配合农业部宁夏农作物种子质量监督检测中心,对我市五大主要农业区县20家门市部进行了监督抽查,共抽取玉米、棉花等种子样品70个,净化了种子市场,建立了完整的植物新品种权保护体系。对植物品种命名进行了规范,有效遏制了一种多名或多种一名造成的品种混乱和种子套牌生产。

  (六)海关知识产权保护取得新进展。

  天津海关在“双打”专项行动中积极落实开展针对假冒食品、药品和汽车配件三项商品的专项整治工作。与天津世纪五矿贸易有限公司签署合作备忘录,是知识产权边境保护领域关企合作的一次创新。加强知识产权边境保护监控体系建设,从已经查发的重大、典型案件入手,充分利用风险管理手段,深挖案件可用信息,连续两年在进口环节查获大宗侵权嫌疑货物。天津海关全年共查发涉嫌侵犯知识产权案件312起、354批次,案值人民币5140万元,侵权货物达296.7万件,包括食品、机动车配件、服装鞋帽、箱包、轴承、手表等货物、物品,保护了30余个国内外知名商标专用权和著作权。全年通报公安部门案件线索5起。查获的“柏泰瑞康国际贸易有限公司出口侵犯‘SKF’商标专用权轴承案”入选中国外商投资企业协会“2012年度中国知识产权保护十佳案例”。查获的北京某商贸有限公司进口侵犯“STOLICHNAYA”商标专用权伏特加酒案,获选海关总署“2012年中国海关知识产权保护十佳案例”,并排位第一。

  (七)依法严厉打击各类侵犯知识产权犯罪。

  全市公安系统周密部署、重点突破,梳理制假售假网络,科学制定预案、方案,落实公安机关对行政执法部门处理行政案件的提前介入制度,建立健全案件线索移交“绿色通道”,为打击侵犯知识产权和制售假冒伪劣商品犯罪奠定了坚实基础和强力保障。全年共破获各类侵犯知识产权和制售伪劣商品犯罪案件273起,其中涉案金额千万元以上特大案件5起、百万元以上大案16起;打掉制假售假犯罪团伙198个;捣毁生产、储存、销售窝点215个;抓获犯罪嫌疑人336名、移送起诉119名,打击处理率45.08%;查扣各类假冒伪劣商品338余万个(套、件),涉案总价值3.05亿元。

  1、集群作战,效果突出。

  针对制假售假犯罪网络化、分散化、科技化、产业化特点,市公安机关充分运用集群战役等新型技战法实施有效打击,发起并成功收网跨省市集群战役13起,参与跨省市集群战役64起,成功打掉了大批制假贩假团伙。侦破部督柏顺福涉嫌生产、销售伪劣产品案,抓获犯罪嫌疑人21名,涉案总价值过亿元。孟建柱同志对此专门作出批示,瑞典驻华大使馆向公安部发函给予高度赞誉。

  2、诸警联动,协同作战。

  为有效打击犯罪,针对犯罪分子化整为零、分散隐蔽的作案手法,充分借鉴以往“双打”工作经验,实行刑侦、交管、特警、技侦、经侦、网监多警联动、交叉配合的捆绑式作战,特别是技侦、网监部门的加入,警种间的密切协作,形成了完整的打击犯罪网络,彻底解决了单一警种作战存在“死角”的问题,公安部列为督办的13起案件已全部依法移送起诉。

  3、创新格局,服务基层。

  广泛收集优秀工作经验、技战法,推行指定管辖与代捕代诉相结合的工作方式,确保了案件侦办的持续性和证据链条的完整性,有效提升了全市“双打”工作的水平和能力。不断加强培训及法律支援,强化“双打”工作的主动意识,从中获取的大量犯罪线索,为办案部门抓捕逃犯、查找和捣毁犯罪窝点提供了有力支持。

  (八)知识产权刑事司法保护水平不断提高。

  2012年全市各级检察机关充分发挥法律监督职能,共批准逮捕各类侵犯知识产权类犯罪案件43件81人,其中以涉嫌侵犯知识产权罪批捕19件25人,以涉嫌生产、销售伪劣商品罪批捕15件40人,以涉嫌非法经营罪批捕9件16人。各级检察机关共提起公诉各类侵犯知识产权类犯罪案件75件159人,其中以涉嫌侵犯知识产权罪提起公诉34件58人,以涉嫌生产销售伪劣商品罪提起公诉21件73人,以涉嫌非法经营罪提起公诉20件28人。

  1、充分发挥法律监督职能,严格履行检察职责。

  天津市各级检察机关依法履行审查批捕、审查起诉、诉讼监督特别是专项立案监督职责,开展知识产权类案件专案督办工作,加强立案监督和侦查活动监督。最高人民检察院、公安部及天津市人民检察院挂牌督办塘沽“6.25”制售假药案,该案涉及的9名犯罪嫌疑人已批准逮捕,并陆续提起公诉。建立查办案件与督办案件月报制度。加强对全市假冒侵权类案件的调研与指导工作,开展全市知识产权典型案例评比,统一该类案件审查逮捕和审查起诉证据标准,不断增强对知识产权类案件的刑事司法保护水平。

  2、建立“两法衔接”工作机制,推进打击制假售假信息平台建设。

  行政执法与刑事司法衔接是检察机关参与社会管理体制创新的重要途径。全市各级检察机关会同有关部门推进行政执法与刑事司法相衔接信息共享平台建设,健全与公安、监察、行政执法等机关的联席会议、案件咨询和移送、重大案件情况通报等制度,推动相关工作细则的制定和出台,搭建“两法衔接”工作的有效载体,北辰区、河东区等区县建立行政执法与刑事司法相衔接工作机制。 通过完善信息通报机制和信息共享平台,推进检察监督职能和行政执法职能在加强知识产权刑事保护工作中的有效衔接,保证了知识产权案件的及时移送、立案以及审查办理。       

  (九)知识产权司法保护不断增强。

  1、依法公正高效审结各类知识产权案件。

  天津法院充分发挥知识产权司法保护职能,知识产权审判质量、效率和司法公信力进一步提升,知识产权司法保护工作取得全面进展,为建设创新型城市和全面建设小康社会提供了知识产权司法保障。2012年,天津法院共受理知识产权民事案件1250件,审结1161件,结案率为92.88%。与上年度相比,收结案件分别上升104.93%和113.44%。在受理的1113件一审知识产权民事案件中,著作权纠纷801件,占71.97%;商标权纠纷168件,占15.09%;专利权纠纷110件,占9.88%;其他案件32件,占2.88%。天津法院依法审结涉及“泥人张”的擅自使用他人企业名称及虚假宣传纠纷案、“小鸟”商标侵权及不正当竞争纠纷案、“天津青旅”企业名称纠纷案等一批有影响的知识产权案件,均取得较好审判效果。2012年还受理并审结知识产权行政案件1件;受理知识产权刑事案件42件,审结35件,生效判决人数37人。

  2、多方协作,形成知识产权保护合力。

  市高级人民法院与市科委签署了《加强知识产权工作合作备忘录》,继续落实与市知识产权局的《知识产权保护工作协作机制》,共同组织科技型中小企业座谈会。与市版权协会加强工作联系,共同研讨版权保护。开展天津市科技型中小企业知识产权保护专题调研,积极探索知识产权司法保护中专业技术事实认定难题的解决途径,建立“天津法院知识产权审判技术咨询专家库”,制定《知识产权审判技术咨询专家库运行办法》,举行知识产权审判技术咨询专家聘任仪式。

  四、知识产权文化建设取得积极进展

  充分利用“4.26知识产权宣传周”、“中国专利周”等活动为契机,策划组织新闻媒体加大对本市知识产权工作的宣传力度。4月,市政府新闻办召开知识产权发展与保护状况新闻发布会,举办“以培育知识产权文化,促进社会创新发展”为主题的知识产权宣传周活动。开展“4.26商标法宣传月活动”,举办《商标法》等法律法规研讨会。开展2012年天津市青少年知识产权促进行动与2012年工业品外观创意大赛。举办第二届全国非物质文化遗产展示会以及非物质文化遗产竞赛活动。开展2012年侵权盗版及非法出版物集中销毁活动,举办以反盗版为主要内容的“绿书签行动”和地理标志产品系列宣传活动,举行了“天津海关查获进口侵权洋酒销毁仪式”。市高级人民法院召开知识产权司法保护新闻发布会,发布《天津法院知识产权司法保护年度报告》和《典型案例》,公开审理了王翠与安徽沙河酒业有限公司“九龄坛”商标权纠纷案等知识产权案件。

  启动“333”人才培养计划和知识产权工程师职称评定工作,加强本市知识产权专家人才和骨干人才培养。首次开设“知识产权流动课堂”系列培训,积极开展多层次、多角度的知识产权教育活动,培育和弘扬知识产权文化。据统计,2012年开展普及教育、论坛、讲座等培训宣讲活动近200余期,培训人数达2.8万人次。夏季达沃斯论坛召开期间,经济日报刊发英文版专刊展示天津强力保护知识产权的态度和措施,引起良好反映。《经济日报》、《天津日报》等国内外主要媒体上刊登、播放反映全市知识产权内容的报道、专版1000 余篇(次),发送宣传资料近2万份,知识产权制度更加深入人心,知识产权保护氛围更加浓厚。

  2012 White Paper on Intellectual Property Rights Protection in Tianjin

  Tianjin Leading Group Office of Intellectual Property Strategy

  (April, 2013)

  Under the correct leadership of Tianjin’s municipal party committee and the municipal government, Tianjin’s intellectual property protection work in 2012 has be fruitful in the further enforcement of intellectual property strategy, deepening the special actions aiming at combating intellectual property rights infringement and producing and selling counterfeited goods, and the consolidation of the long-term mechanism for IP protection. As a result, an excellent environment has been created to advance innovation and development and a firm protection has been provided to improve the enterprises’ core competitive abilities, accelerate the construction of the innovative city, and promote sustainable economic and social development.

  I. The construction of intellectual property protection system is  constantly improved.

  With the full implementation of intellectual property strategy, Tianjin’s IPR comprehensive strength and the overall level have taken the leading position nationwide. Measures for the Protection of Intellectual Property Rights of the Sixth East Asia Games was issued, being the first IP protection regulation concerning sport games in Tianjin. The promulgation of Measures for the Supervision and Control over Patent Products in the Field of Commodity Exchange of Tianjin has been the first policy document in Tianjin that is specialized in the patent work in the field of commodity exchange since the implementation of the new Patent Law. With the formulation of Implementing Opinions for Strengthening the Intellectual Property Work and Promoting Strategic Emergent Industries in Tianjin, the cultivation and development of emergent industries has thus been guaranteed. The Implementing Opinions for Enhancing the IP Judicial Safeguarding and Service for the Vigorous Development and Enrichment of Socialist Culture has been issued, bringing into full play the role of IP trials as the norm, guide, promotion and guarantee. The Provisional Regulations of Tianjin Quality and Technical Supervisory Administration on Exposure of Blacklist of Law Breakers along with The Interview System of Tianjin Quality and Technical Supervision has been established, filling the blank in the system. The achievements in the software legalization have been consolidated with the formulation of Measures for Administration of Software Assets in the Government Offices on the Municipal and District(County) Levels as well as The Rules for Long-Term Administration of Software Legalization in Tianjin.

  II. The construction of the long-term mechanism for IP protection is continuously deepened.

  1. The cooperation mechanism of IP protection is steadily perfected.

  Characterized by information sharing, the joint law enforcement, publicity and training, and assistance service, the cooperation mechanism of IP protection was steadily perfected by the Municipal IP law enforcement system by means of symposiums, case studies, joint case discussions, consultations and joint law enforcement. The annual release of the white paper on the IP protection in Tianjin has fully reflected the condition of IP protection in Tianjin. “The Leading Group of the Special Management on Combating Network Piracy of Tianjin” was set up by the Municipal Copyright Bureau, the Municipal General Team of Cultural Market Administrative Law Enforcement, the Municipal Public Security Bureau, the Municipal Communication Bureau, and the Municipal Network Culture Construction and Administration Office so as to improve enforcement efficiency and further the connection between the legislation and enforcement systems. The Municipal Intellectual Property Office and Tianjin Higher People’s Court deepened the cooperation mechanism by jointly holding a symposium on IP protection for technological “little giant” enterprises, raising the IP protection levels of enterprises. The cooperation and collaboration between the administrative law enforcement departments and the public security system has been intensified by various activities such as joint enforcement, symposiums, joint case discussions and publicity theme days.

  2. The inter-provincial regional coordination mechanism is actively established.

  The inter-provincial regional coordination mechanism for law enforcement is actively established and perfected in order to form joint efforts. Tianjin has entered into cooperation agreements with nine provinces or municipalities including Beijing, Shanghai, Guangdong on patent administrative enforcement. Discussions and communications were aimed at specific cases to make the channel for transferring cases unimpeded and at the same time to help the right holders with their long-distance right maintenance. The Regional Cooperation Agreement on the Administrations for Industry and Commerce of Five Provinces (Municipalities) has been signed to launch a closer cooperation in the fields of serving regional economic development, market competition and supervision, administrative enforcement, the protection of consumer rights, commodities in circulation, food quality supervision as well as information sharing, resulting in a further development of IP protection work on inter-provincial levels.

  3. The IP safeguarding assistance competence is unceasingly enhanced.

  The construction of 12330 IP maintenance and assistance as well as online reporting and complaint platform was perfected to strengthen the service capacity of 12330 and to improve the serving abilities. All in all, IP consultation, reporting and complaint as well as right maintenance assistance services have been provided to 1430 people(times). Focusing on promoting the development of technology-based small and medium-sized enterprises, the enterprise maintenance assistance service was vigorously carried out to solve IP protection problems for enterprises. Patent protection work was actively promoted among Tianjin’s industry associations. For instance, emergency assistance work channels of intellectual property rights protection was set up in the bicycle industry association. Meanwhile, emergency rescue work for overseas enterprises over patent disputes was also launched.

  III. The “Double Fights”action in Tianjin achieves outstanding results.

  In 2012, Tianjin continued to thoroughly implement the work tenet by the Party Central Committee and the State Council to protect IP rights and combat producing and selling of counterfeit and shoddy goods, incessantly improving China's protection of intellectual property rights and product quality and safety levels. Centering around the general idea of purifying markets, ensuring people’s livelihood and enhance Tianjin’s competitiveness, two links, two fields and three regions were highlighted to further carry out the special operation against IPR infringement and counterfeiting. Altogether over 100,000 administrative law enforcement personnel have been dispatched to launch various inspections amounting to more than 10,000 times. Over 1,700 cases were put on file, involving a total amount of 1.134 billion Yuan. 344 dens were destroyed with more than 300,000 pieces of commodities confiscated. According to their powers and duties, the administrative system and the sectors of public security, procuratorate, and court investigated and dealt with a series of typical cases involving IP infringement and counterfeiting such as the Baitairuikang company’s case under suspicion of selling goods of counterfeited registered trademarks, strongly intimidating the arrogant offenders and maintaining the stability and order of markets.

  Forceful IP protection brought a new high in the intellectual property rights numbers in Tianjin. In 2012 , patent applications up to 41,500 pieces and applications for registered trademarks amounting to 21,952 pieces.333 foreign copyright contracts underwent inspection and registration. 176 products won the title of Tianjin Famous Brand. In addition,28 applications of new plant varietieswere filed.

  1. The patent administrative law enforcement is further strengthened.

  (1) deepening the “Double Fights” action and launching “convoying” operation;

  The Municipal Intellectual Property Office continuously strengthened the IP protection by deepening the “Double Fights” action. The “convoying” operation of IP enforcement and maintenance was organized and its implementation was promoted on both the district and county levels. Furthermore, the Bureau went to Binhai New Area and the Heping District for law enforcement supervision, carrying out IP law enforcement inspection in large supermarkets, shopping malls and goods distribution centers. A series of special enforcement inspections of IP protection were launched. 370 patent administrative enforcement personnel (times) on both the municipal and district levels were organized to inspect 180 business places (times), checking nearly 120,000 pieces of commodities with patent marks. Throughout the year, a total of 77 cases were put on file and investigated, case settlement rate topping 100%. 

  (2) initiating the “mine clearance”operations for the patents of small and medium sized technological enterprises;

  The connection between administrative and legislative patent protections was strengthened; at the same time, attention was paid to improve the IP protection abilities by the enterprise itself, who was led to establish patent analysis and early warning mechanism. The Guidelines on the Diagnosis of Enterprise Intellectual Property Risks was drawn up and the IP Internal Reference was published in order to guide enterprises to carry out IP risk diagnosis and assessment. A total of 2,650 enterprises ran self-examinations. The pilot work of patent protection was first launched. The enterprises of the strategic emergent industries involving biological medicine and new energies such as Andon Health Co. Ltd. became the first batch of pilot units of patent protection. Through the pilot period of 3 years, enterprises will be able to establish the  perfect patent protection mechanism and improve the self-protection ability.

  (3) fortifying IP protection for exhibitions;

  Beginning with a series of work such as publicity on intellectual property service, inspection of law enforcement and legal advice, the IP supervision was reinforced during exhibitions. The law enforcement and right safeguarding for key exhibitions were well implemented from various links ranging from the plan formation, pre-exhibition investigation, while-exhibition patrol, express investigation and mediation to tracking control. As a result, IPR protection awareness of the exhibition organizers, exhibitors and the public increased, and the legitimate rights of the patentees and consumers were protected. What was more, intellectual property disputes arising during the exhibitions were also avoided. IP reporting and complaint reception was stationed in the city's 28 various large-scale exhibitions, complaints and legal advice received amounting to more than 1000 people (times), which resulted in a good social effect.

  2. Trademark administrative enforcement is further intensified.

  (1) carrying out special rectification actions;

  The city's industrial and commercial system started special rectification actions against counterfeiting of "pollution-free, organic, and green" commodities during  New Year's Day, Spring Festival, and the May 1st Labor Day successively; special actions were initiated against the liquor market as the focus. Emphasizing on the well-known trademarks, famous trademarks and foreign trademarks, the investigations centered around the unfair competition behaviors such as counterfeiting the specific name, packaging, decoration etc.of the well-known commodities, namely “leaning on the famous brand”.In addition, the fight against online sales of the infringing goods and other special operations were developed. Concentrated special actions were also carried out over 10 times to combat “Daqiao” trademark violations and more than 150,000 bottles of liquor were seized and confiscated. Throughout the year, the number of law enforcement officers deployed totaled 23,559. Consequently, 43,973 business units were checked and 374 cases of trademark infringement were investigated and dealt with. The penalty reached 3,116,200 yuan with 48,061 confiscate sets (pieces) of infringing trademark logo or packaging. 8 cases were transferred to public security organs.

  (2) establishing trademark protection and management mechanism;

  The Emergency Enforcement Program for the Inspection System of Tianjin’s Municipal Administration for Industry and Commerce was drafted in order to further improve the efficiency of market supervision of the industrial and commercial administration organ as well as the rapid response capacity to deal with emergencies, as a result of which, major market emergencies could be effectively prevented, controlled in time and handled appropriately. The anti-counterfeiting and right maintenance mechanism under government and enterprise cooperations was established in the Municipality. Currently 210 agreements were signed with large-scale enterprises, the anti-counterfeiting and right maintenance network under government and enterprise cooperations beginning to take shape.

  3. The copyright protection work is advanced in an all-round way.

  (1) stepping up the copyright enforcement and cracking down on piracy infringement;
Based on the fortification of regular supervision, the Municipal “Anti-Pornography and Combating Illegal Publication” Office, the Municipal Copyright Bureau and the Municipal General Team of Cultural Market Administrative Law Enforcement stepped up copyright enforcement, developing special actions as the platform and strengthening the construction of system and mechanism as the guarantee. In accordance with division of responsibilities, the cultural administrative enforcement departments on both the municipal and district levels were coordinated to perform their own functions. With close cooperation and effective cohesion, joint forces were thus formed to take effective and practical measures in copyright enforcement work. Four work register departments were set up including the Binhai New Area and the Copyright Association for the purpose of intensifying copyright protection. In 2012, a total of 20,618 enforcement personnel were dispatched to check 6,340 copyright markets (times) and 3,398 printing enterprises with the illegal publications destroyed topping 330,000 pieces.

  (2) continuing the special program “Sward Net Action” to struggle against online infringement and piracy;

  In Tianjin the crackdown on online infringement and piracy in softwares, movies and TV series, music, texts, and online shopping was continued. The market governance concerning pre-installed softwares for computers was actively carried out, stepping up market supervision of key software products. 213 websites in key areas underwent close monitoring and inspection. In addition, 5 cases of internet cultural administrative sanction were handled and closed with accumulated penalty of over 170,000 Yuan. More than three months of special governance program was a powerful blow against criminal actions of selling illegal publications online, cutting off the online channel of selling illicit and illegal publications and further standardizing the release behaviors of internet publications.

  (3) software legalization work achieving remarkable results;

  The Municipal Copyright Bureau took the lead and implemented four measures to earnestly fulfill the tasks. These four measures included: grasping the weak links to do the research, increasing financial input for rectification, supervising and urging inspection as well as rectification, and lastly constructing long-term mechanism. 50 municipal government organs in Tianjin completed the rectification work concerning software legalization on time, devoting software procurement funds totaling 19,333,400 yuan to install 11,465 sets of operating system software, 6,201 sets of office software, and 110 sets of antivirus software. Therefore, the target of legalizing softwares in government offices was realized. The promotion of the use of legitimate softwares in state-owned enterprise groups was started, with 15 municipal state-owned enterprises listed as the 2012 target of enterprise software legalization.

  (4) continuing efforts on the protection of intangible cultural heritage;

  Tianjin Municipal Bureau of Radio, Film and Television promoted the construction of the list system for intangible cultural heritage and completed the project application of third batch of intangible cultural heritage list on the municipal level. Furthermore, the protection and self-inspection of the national intangible cultural heritage items were in full swing. With the “cultural heritage day” as the opportunity, the accomplishments in Tianjin’s intangible cultural heritage protection were presented; meanwhile, the activity of “the intangible cultural heritage into the campus” was unveiled. The second session of National Intangible Cultural Heritage Exhibition was successfully held in Tianjin, allowing a galaxy of typical intangible cultural heritage items to communicate.

  4. Greater and incessant efforts are made towards tougher enforcement and protection of Tianjin famous brands and geographical marks.

  In 2012 the municipal quality supervision system deployed in the "double fights" action law enforcement officers totaling 58,239 person-time and handled 828 administrative cases, three of which were transferred to the judicial authorities. Altogether 118 illegal dens were banned. And all these acted as a strong deterrent to counterfeiting and IPR infringements.

  (1) developing in-depth cultivation of Tianjin famous brands and expanding unceasingly the identifying field;

  The Twenty-Five Measures on Promoting Economic Development was implemented, as a result of which, the economic efficiency indicators  of technology-based small and medium-sized enterprises for the application of Tianjin famous brand were relaxed to 80% of the application standard. In 2012, a total of 176 products from 161 enterprises were reviewed and obtained the title of Tianjin famous brand, among which 140 were technology-based small and medium-sized enterprises, accounting for 86.96%. At present, Tianjin famous-brand products reached 418 in all. The famous brand effectively boosted the enterprise's own management level and promoted the overall product quality in Tianjin.

  (2) doing a good job in the cultivation and application of geographical indicated products and tracking technical trade barrier measures;

  The Huanghuashan Walnut in Jixian county successfully passed review at the meeting of experts on geographic indicated product protection held by General Administration of Quality Supervision, Inspection and Quarantine of PRC, thus becoming the eleventh product of national geographical indication. The early warning platform for technical barriers to trade was perfected to provide information technology support for export enterprises in Tianjin so that they could keep track of foreign technical barriers and sharpen the competitiveness edge of export products in the international market. Nearly 2,000 pieces of notifications issued by the European Union, the United States, Japan and other countries were released; 70 cases due to TBT hinderance were provided;  more than 300 pieces information related to WTO were issued as well. 12 issues of WTO/ TBT Notification were published, which did a statistical study and analyzed the urgent warning bulletins, import refusal reports and product recall reports on food and non-food imports issued in recent years by the EU, the United States, Japan, South Korea and other major exporters, thus providing the basis for decision making of the government and industry sectors.

  5. The crackdown on the production and sale of counterfeit and shoddy seeds and violation of the new plant variety right steadily keeps up pressure.

  During the “Double Fights” action, Tianjin Municipal Commission of Rural Affairs put stress on maize and cotton varieties and initiated special inspections of crop seed markets during spring, summer and autumn. The total dispatched officers added up to 430 and over 70 vehicles. What was also blended was the irregular undercover investigations, involving more than 80 seed enterprises or seed dealers’ shops in Tianjin’s 12 districts. As a result, the seeds that underwent inspection totaled over 4,300,000 kilograms. At the same time, the random inspection on seed quality was intensified: 20 samples were selected from 11 seed dealers, involving 14 varieties and representing 22,805 kilograms of cotton seed batches. In collaboration with the Ningxia Crop Seed Quality Supervision and Testing Center of the Ministry of Agriculture, 20 seed dealer stores of five major agricultural districts or counties received supervision and spot checks. 70 samples were collected from corn and cotton seeds, which purified seed markets and built a protection system for new plant varieties. The plant variety denomination was also specified, effectively curbing seed name confusions and unlicensed seed production.

  6. IP protection in Tianjin Customs scores impressive achievements.

  During the “Double Fights” special action, Tianjin Customs actively implemented the special governance operations aiming at counterfeited food, medicine and auto parts. Tianjin Customs signed a memorandum of cooperation with Tianjin Minmetals. Co., Ltd., which was deemed an innovative act in the cooperation between the Customs and the enterprises in the field of IP border protection. The construction of IPR border protection monitoring system was strengthened. The Customs started from major and typical cases that had been investigated and made full use of risk management methods to delve more deeply into  available information of the cases. For two consecutive years, Tianjin Customs seized bulk goods suspected of infringement in import links. Tianjin customs investigated throughout the year a total of 312 cases of suspected IPR infringement, involving 354 batches with the value of 51,400,000 yuan. Up to 2,967,000 pieces of infringement goods were seized, including food, automotive accessories, clothing, shoes and hats, bags, bearing, watches and other goods and articles; and the exclusive rights and copyrights for more than 30 domestic and foreign well-known trademarks were effectively safeguarded. In 2012, Tianjin Customs altogether notified 5 case clues to the public security sector. The “case that seized the violation by the exports of Botairuikang International Trade Co., Ltd of 'SKF' trademark bearings” was selected by the China Association of Enterprises with Foreign Investment "2012 year China top ten cases of intellectual property protection". The imports of some Beijing trading company violated the exclusive right of the vodka trademark "STOLICHNAYA", which was discovered and seized by Tianjin Customs. General Administration of Customs selected this case as the “2012 China top ten cases of Customs IP Protection”, which was also the first in the ranking.

  7. All kinds of IP infringement crimes are severely punished according to law.

  With careful organization and making breakthroughs in key areas, the Municipal public security system sorted out websites suspicious of producing and selling counterfeited goods and drew up preplans and action plans in a scientific manner. In face of administrative cases handled by administrative enforcement departments, the early invention system was employed by the public security sectors. And the “green channel” for the transfer of case clues was established and perfected, providing a solid foundation and powerful guarantee for the heavy blow on IP infringements and producing and selling counterfeited and shoddy goods. A total of 273 cases of IP infringement crimes and producing and selling counterfeited and shoddy goods were cracked, of which five were serious cases involving an amount of 10 millions yuan or more, and 16 were major cases involving a million yuan or more. 198 criminals gangs were taken down; in addition, 215 dens of producing, storing and selling these goods were destroyed. The public security sectors also captured 336 suspects, 119 of which were transferred to prosecution, with a hit rate of 45.08%. Furthermore, over 3,380,000 pieces (set) of counterfeited commodities were seized, involving a total value of 305 million yuan. 

  (1) cluster operation achieving prominent effect;

  In view of the the characteristics of counterfeiting crimes such as networking, decentralization, technology and industrialization, the Municipal Public Security Bureau put new technical tactics such as cluster operation to good use, launching and successfully closing 13 inter-provincial cluster campaigns; in addition, it participated in 64 inter-provincial cluster campaigns. All in all, large numbers of counterfeiting criminal gangs were wiped out. Under the supervision of the Ministry of Public Security, the case of producing and selling counterfeited and shoddy products with Bai Shunfu as the gang leader, was solved and 21 criminal suspects were captured, the total amount involved reaching 10 million yuan or more. Minister Meng Jianzhu  made special instructions concerning this case. And the Swedish Embassy sent a letter to give high praise to the Ministry of Public Security.

  (2) all kinds of police cooperating by uniform command;

  To effectively combat crime, in consideration of the modus operandi of criminals to break up the whole into parts and in a scattered and hidden way, the public security sector made full use of the past "Double Fights" experiences and united different kinds of police such as the criminal investigation, traffic operations, Swat, technical investigation, economic investigation and cyberspace supervision to conduct operations in a crisscross coordination and binding manner. Especially with the participation of technical investigation and cyberspace supervision departments, close collaboration between different police species took shape, leading to the formation of a complete crime combating network. This completely solved the “dead angle” problem caused by the single-species police operations. The 13 cases listed by the Ministry of Public Security for supervision were all transferred to prosecution in accordance with the law.

  (3) innovating patterns and serving the basic level;

  Outstanding work experiences and technical tactics were extensively gleaned. The promotion of the work pattern that combined designation of jurisdiction and substitution of arrest and prosecution ensured the persistence of case solving and integrity of the evidence chains, effectively enhancing the level and capacity of the “Double Fights” actions in Tianjin. The legal training and legal aid were constantly intensified. What was more, the initiative in the work of “Double Fights” actions was fortified. Thus a lot of crime clues could be found to provide powerful support for relevant departments to arrest the fugitive, find and destroy the dens of crime.

  8. The criminal judicial protection of intellectual property rights is constantly lifted.

  In 2012 the city’s procuratorial organs at all levels gave full play to the function of legal supervision and performed their functions concerning the review of arrest and prosecution, litigation supervision, in particular supervision duties over special cases according to the law. The Municipal Prosecution authorities at all levels altogether approved the arrest of 81 suspects of 43 cases involved in various IP infringement crimes according to the law, among whom 25 suspects of 19 cases were arrested for the crime of IP infringement, 40 suspects of 15 cases were arrested for producing and selling counterfeited and shoddy goods, and 16 suspects of 9 cases were arrested for the crime of illegal business operation. The procuratorial organs at all levels initiated public prosecution against 159 people of 75 IPR infringement cases, among whom 58 in 34 cases were prosecuted of intellectual property infringement, 73 people in 21 cases were prosecuted of producing and selling counterfeited and shoddy goods, and 28 people in 20 cases were prosecuted of illegal business operations.
giving full play to the supervision function of the law and strictly fulfilling prosecuting duties;

  In 2012 the city’s procuratorial system performed their functions concerning the review of arrest and prosecution, litigation supervision, in particular supervision duties over special cases according to the law. Cases of IP infringement were supervised as special projects to highlight supervisions during placing the case on file as well as investigations. The Supreme People’s Procuratorate, the Ministry of Public Security and the Tianjin Municipal People’s Procuratorate supervised the handling of “6.25” case in Tanggu district that involved the manufacture and sale of fake drugs. 9 suspects in the case were approved to be arrested and were prosecuted in succession. The monthly report system of case investigation and handling was set up. In addition, research and guidance on the counterfeiting and infringement cases were strengthened. The typical IP case assessment on the municipal level was carried out to unify the standards of review of arrest and evidence for prosecution concerning similar cases so that judicial protection level of the intellectual property cases was unceasingly increased.

  (2) setting up the work mechanism for the connection between criminal justice and law enforcement and propelling the construction of information platform for combating producing and selling counterfeited goods;

  Connection of administrative law enforcement and criminal justice is an important way for the prosecution organs to participate in the innovation of the social management system. In conjunction with the relevant departments, the procuratorial organs at all levels promoted construction of information sharing platform for connecting the administrative law enforcement and criminal justice; what were also perfected were systems of joint conference by public security, supervision, administrative law enforcement organs, and the system of consulting and transfer cases, and major cases reporting system. The development and introduction of relevant working rules were pushed; and the effective carrier was built for connection of administrative law enforcement and criminal justice. Beichen, Hedong, and other districts or counties established the the working mechanism connecting administrative law enforcement and criminal justice. Through perfecting information bulletin mechanism and information sharing platform, the effective connection between the procuratorial supervision and administrative law enforcement was promoted concerning strengthening criminal protection of intellectual property rights so as to ensure the timely transfer, filing, and investigation of intellectual property cases. 

  9. The judicial protection for intellectual property rights is ever growing.

  (1) resolving various IP cases fairly and effectively according to the law;

  Tianjin courts gave full play to the function of the judicial protection for intellectual property rights, and further enhanced the IP trial quality and efficiency as well as credibility of the judiciary. The judicial protection of intellectual property rights achieved comprehensive progress, providing the judicial protection for the intellectual property rights during the construction of innovative city and the comprehensive construction of the well-off society. In 2012, the Municipal court system handled 1,250 IP civil cases, and closed 1,161, with the case settlement rate of 92.88%. Compared with the previous year, case handling rate and settlement rate respectively increased 104.93% and 113.44%. Of the handled 1,113 IP civil cases of the first instance, 801 were concerned with copyright disputes, covering 71.97%; 168 cases were over trademark right disputes, accounting for 15.09%; 110 were patent disputes, making up 9.88% of the total amount; the rest 32 were the other cases, comprising 2.88%. Tianjin court concluded the case of “clay figurine Zhang” to make unauthorized use of the other company name and false advertising; “The bird” trademark infringement and unfair competition dispute was also dealt with; the dispute over the enterprise name of “Tianjin China Youth Travel Service” was resolved. The conclusion of these and a number of other influential intellectual property cases achieved good trial effects. Furthermore, in 2012 the court system accepted and concluded 1 IPR administrative cases and handled 42 IP criminal cases; 35 cases were concluded , with 37 effective sentences.

  (2) forming IP protection joint forces with multi-cooperations;

  The higher people’s court and the Municipal Science and Technology Commission signed a Memorandum of Cooperation to Boost IP Work. Continuing to implement the cooperation mechanism of IP protection with the Municipal Intellectual Property Bureau, the Court and the Bureau jointly organized the forum of the technology-based small and medium-sized enterprises. The Court also strengthened the working relationship with The Municipal Copyright Association to discuss the copyright protection. In addition, special research was carried out on IP protection of the technology-based small and medium-sized enterprises. The organ actively explored the way to solve problem of fact-finding concerning professional technology in the field of IP judicial protection and established “expert database of IP trial technology consultation of Tianjin courts”. Measures on the Operation of Expert Database of IP Trial Technology consultation of Tianjin Courts was drafted; and the appointment ceremony was held for IP trial technology consulting experts.

  IV. The IP cultural Construction makes positive progress.

  The publicity in Tianjin’s IP protection was vigorously boosted covered by the well-planned and organized news media, activities such as “4.26 Intellectual Property Publicity Week” and “China Patent week’ being an opportunity. In April 2012, the Municipal Government Information Office held a news conference on the status of Tianjin’s IP protection and its development. “Intellectual Property Publicity Week” was started with the theme of fostering IP culture and promoting the innovation and development of the society. The “4.26 Trademark Law Publicity Month” was initiated and seminars on the Trademark Law and other laws and regulations were held as well. The 2012 Tianjin Handicraft Appearance Design Contest was launched; the IP promotion program for Tianjin Youth was also carried out. The second National Intangible Cultural Heritage exhibition was hosted, together with the Intangible Cultural heritage Contest. The year 2012 also witnessed the concentrated destruction of piracy and illegal publications. The activity entitled “Green Bookmark” was held to counter piracy as the main content; meanwhile, a series of publicity programs aimed at geographical indication product promotions were organized. A destruction ceremony was performed by the Tianjin Customs concerning imported infringement wine. The higher people’s court held a news conference on judicial protection of intellectual property, and issued alongside An Annual Report on the Judicial Protection of Intellectual Property by Tianjin Court as well as Typical Cases. It also made a public hearing of the “Jiu Ling Tan” trademark disputes between Wang Cui and Anhui Shahe Wine Co., Ltd., and other intellectual property cases.

  “333 Talent Cultivation Program” and the evaluation of the title of IP engineer were started in order to strengthen the training of IP experts and talents. The “IP mobile classroom” was set up for the first time; with a series of trainings, it actively carried out IP training activities on multi- levels and from multi-angles, cultivating and carrying forward the IP culture. According to statistics, in 2012, the publicity and training activities in the forms of the popularization of education, forums, and lectures were held more than 200 times, the number of trainees totaling 28,000. During the summer Davos forum, Economic Daily News published the English version to illustrate the attitude and measures of Tianjin to provide strong IP  protection, which evoked a good response. Economic Daily, Tianjin Daily and other domestic and international major media published or broadcast more than 1000 articles or page (time) to cover Tianjin’s IP conditions. nearly 20,000 copies of IP promotional materials were handed out. As a result, the intellectual property system has won more support among the people; and intellectual property protection atmosphere has become much stronger.

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