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2013年天津市知识产权保护状况
         (2014-04-28)
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 2013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一四年四月)

  

  2013年天津市知识产权保护工作全面贯彻落实党的十八大精神,在市委、市政府的正确领导下,围绕中心,服务大局,以科学发展为主题,以经济发展方式转变和创新驱动发展为主线,深入推进知识产权战略,加大执法力度,加强执法协作,圆满完成了东亚运动会的知识产权保护工作,各项工作成效显著,知识产权保护社会满意度全国第一,为全面深化改革,加快美丽天津建设,促进经济社会可持续发展提供了坚实有力的保障。

  一、深入推动《天津市知识产权战略纲要》,加强知识产权保护机制建设

  全市知识产权战略协调机制进一步完善,市知识产权战略领导小组制定了《天津市知识产权战略实施评估工作和<天津市知识产权战略推进计划(2014—2016)>制定工作方案》,完成了知识产权战略实施阶段性评估,对全市知识产权战略实施进展和成效进行客观评价,形成了总评估报告,得到国家知识产权战略部际联席会议办公室的高度肯定。市知识产权局积极会同市发改委、市经信委等13个部门研究制定了《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》,以市政府办公厅文件形式印发各部门、各区县实施。出台《天津市关于加强知识产权人才队伍建设的意见》、《关于加强科技型中小企业知识产权工作的意见》、《天津市加快知识产权服务业发展的实施意见》,继续开展市、区两级知识产权发展水平监测工作,深入推进国有控股企业集团制定和实施知识产权战略,促进知识产权保护水平提高。市版权局与市软件正版化工作检查组成员单位共同制定实施了《天津市政府机关软件资产管理办法》、《政府机关购买计算机必须配备正版软件办法》,并出台《天津市企业软件正版化检查程序和检查标准》,指导企业软件正版化工作。市文化市场行政执法总队通过召开联席会议,制定了案件查办协作、联合封堵、应急预案等相关制度,进一步推动了文化市场知识产权保护工作。市农委制定了《天津市实施<中华人民共和国种子法>办法》、印发了《关于以‘天津市农村工作委员会’为主体做好执法工作的通知》。天津海关自主开发的“天津海关知识产权保护管理平台”正式启用,提高了执法效果。公安机关积极建立健全“两法”衔接工作机制,坚持“打建结合,以打促建”,采取切实有效措施,扎实推进与行政执法部门和检法等司法部门的协作。各级检察机关充分发挥检察职能作用,建立了查办侵犯知识产权案件等月报制度。市高法建立监督指导的长效机制,总结工作经验,分析存在问题,提出解决思路和对策,进行及时有针对性的监督指导,制定了《审理侵害商业秘密案件的试行意见》,指导商业秘密案件的审理。

  二、加大知识产权保护力度,严厉打击侵犯知识产权和制售假冒伪劣商品违法犯罪行为

  2013年,全市继续深入开展“双打”专项行动,按照国务院总体部署和《天津市进一步打击侵犯知识产权和制售假冒伪劣商品工作的意见》安排,将打假专项行动常态化、完善两法衔接部门工作机制,突出“两个环节、两个领域和三个区域”工作方针,净化市场、保障民生,提高天津城市国际竞争力。全市各行政执法和刑事司法单位共出动执法人员97441人次,检查企业50230户,立案3871件、审查嫌疑人2575人,捣毁窝点2084个,涉案金额3.47亿元,批准逮捕42件62人。相继查处了一批侵犯知识产权和制售假冒伪劣的典型案件,有力震慑了违法分子的嚣张气焰,维护了市场有序稳定。保护工作力度的不断加强有效促进了全市知识产权的创造、运用、管理等工作。2013年全市有效专利达到68540件,商标注册申请20733件,审核登记图书涉外版权合同321个,232种产品获得天津名牌称号,新增植物新品种权申请16件,全市知识产权数量再创历史新高。

  (一)专利行政保护再上新台阶

  1、加强专利行政执法

  市知识产权局组织全市执法人员开展知识产权执法维权“护航”专项行动,积极推进省市间执法协作,畅通案件移送渠道。推动区县开展专利执法,组织全市各区县在传统节日、4.26宣传周、科技周、专利周期间,对193家大型商业场所进行执法检查。启动滨海新区专利专项执法,加强农资农具、食品、药品、日用品、建材、电子产品检查,对净化滨海新区市场环境起到了积极作用。全年共组织执法检查385人次,检查商品近13.8万件。立案查处各类专利案件143件,案件量同比增长86%,当年结案率100%,有力打击了侵权假冒行为。

  2、开展展会维权

  圆满完成重大活动知识产权保护任务,通过开展知识产权服务宣传、执法检查、法律咨询等系列工作,强化了全市展会期间知识产权监管,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。进驻东亚运动会等全市各类大型展会29个,接待投诉、法律咨询近3000人次,发放各类宣传单(册)近万份,得到组委会的表扬。

  3、做好维权援助

  积极办好12330知识产权举报投诉与维权援助热线,全年共接待处理各类举报、投诉、咨询1589次,权利人的合法权益得以保障。开展知识产权服务工作,组织行业协会、律师协会以集中座谈和单个走访相结合方式,为科技企业提供维权服务,受到企业的好评。

  4、提高权利人自我保护能力

  积极帮扶科技型中小企业,指导企业开展风险诊断,为德凯化工等122家企业进行了对口帮扶,促进了企业知识产权保护能力的提高。深入开展知识产权保护试点,培育专利保护能力突出,具有较强市场竞争能力的领军企业,试点单位初步建立起专利纠纷的应对机制和工作体系,积极开展专利预警分析工作。

  (二)商标专用权保护再上新水平

  1、加大商标行政执法力度

  市工商局组织开展了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,查办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,打击利用互联网销售侵权商品等专项治理行动10余次。2013年全市共出动执法人员28569人次、检查经营主体56381户次、查处案件283件、案值824.08万元,罚款609.15万元,没收、销毁侵权商品45281件,没收、销毁侵权标识9942件。

  2、协助本市驰、著名商标企业商标确权归属

  协助本市驰、著名商标企业确权归属做出了大量卓有成效的工作,促进了天津经济社会发展。2013年共协助“大桥”等15户企业,成功取得商标争议、异议、核准注册案件的确权归属;“芦台春”、“飘香”等10余件商标正在按照《商标法》法律程序进行审理争议、异议过程中。

  3、充分提升“科技小巨人”运用和保护商标的能力

  全市商标系统将科技型企业商标申请注册工作作为全年工作重点,并结合“4.26世界知识产权日”活动积极开展宣传,经过努力,达到了年初提出的“科技小巨人企业商标注册申请率达到80%以上,科技型企业商标注册申请率达到30%以上”的目标。

  4、推动新《商标法》实施

  为配合新《商标法》颁布实施,提高企业商标注册、运用、管理、保护和发展水平,市工商局组织有关专家历时半年编制了《企业商标实用指南》,对商标相关知识做了详细的分析、梳理,面向企业全面介绍商标知识。该书连同国家工商总局编写的《中华人民共和国商标法释义》等书免费向全市驰著名商标企业和商标协会会员发放。

  (三)著作权保护得到新提高

  1、加大版权执法力度

  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,加大版权执法力度,着力打击侵权盗版,坚决查办大案要案,积极开展宣教活动,为推动美丽天津建设营造了良好的社会文化环境。全年市、区两级文化市场行政执法机构共出动执法人员14949人次,检查出版物市场3431家次,检查印刷复制企业2023家,查处各类案件184件,刑事处罚34人,收缴侵权盗版和非法出版物6.3万余件。在年终考核中获全国文化执法十大案件1个、重点案件2个,在全国案卷评查中获得一等奖1个、二等奖2个、三等奖1个,位列全国第二,“扫黄打非”工作连续六年获得全国先进,文化执法考核连续三年获得优秀。全国“扫黄打非”办等五部委联合挂牌督办的“9.05非法印刷发行图书案”已经办结,国务院专项工作快报给予充分肯定并获得全国文化执法十大案件称号。

  2、保护著作权人合法权益

  为提高著作权人的自我保护意识,我市同时建立了四家作品登记部门,加大了著作权保护力度,不仅促进了版权产业发展,进一步加快了无形资产的转化过程,而且鼓励相关网络企业和著作权人加强合作,主动向社会公开作品权利信息等,方便使用者查询作品权利归属状况,形成“先授权、后传播”的版权传播秩序,避免侵权纠纷,规范了网络经营行为。2013年,审核涉外版权合同321个,版权输出154个,复录加工合同10个,电子出版物合同2个,审核引进境外软件认证19个,软件登记3000个,作品自愿登记87个。

  3、深入推进软件正版化

  市版权局作为天津市推进使用正版软件工作牵头单位,全年推动市级50个政府部门在2012年完成软件正版化工作任务的基础上,又新购操作系统软件797套、办公软件344套、杀毒软件1007套。

  按时保质完成了16个区县733个政府机关软件正版化工作,组织召开区县政府机关软件正版化技术培训会,制作印发《软件正版化情况摸底调查表》、《区县政府机关软件正版化必备文件的通知》,统一政府机关软件正版化工作文件模板,先后4次对区县政府机关软件正版化工作进行检查督导,共计投入软件采购资金近1900万元,全部完成了我市区县政府机关软件正版化检查整改任务。

  积极推进企业软件正版化工作,出台了《天津市企业软件正版化检查程序和检查标准》,对我市企业软件正版化工作进行标准化指导,对勘察设计企业使用正版软件情况进行检查。

  4、加强非物质文化遗产保护

  市文化广播影视局认真贯彻落实国家和天津市知识产权战略纲要,深入进行非遗普查工作,市非遗中心对我市18个区县的非遗普查线索和记录进行了整理和历史比对,重新挖掘、整理和采录了一批新的重点项目。整理、编辑和出版了《天津市第二批非物质文化遗产名录图典》和部分《天津市非物质文化遗产名录图典·区县卷》。非遗项目及传承人认定工作有序开展,我市目前国家级非物质文化遗产代表性项目达到22项,市级非物质文化遗产代表性项目的数量达到了157项,区县级非物质文化遗产代表性项目数量达到了609项。初步建立起了三级保护名录体系,为我市非物质文化遗产依法保护、科学保护奠定了基础。

  (四)名牌、地理标志产品工作得到新扩展

  1、加大打假执法力度

  全市质监系统通过督促企业落实产品质量主体责任,严格市场准入,加强产品质量监管,加大执法打假力度,狠抓大案要案,积极推进建立健全长效机制,取得了显著成效。全年共出动执法人员34522人次,检查企业13874家,立案查处245起违法案件,查获违法产品货值2116.31万元,捣毁窝点98个。

  2、名牌产品数量、领域不断扩大

  大力扶持科技型中小企业创建名牌产品,加大对区域优势、骨干企业的名牌培育力度,探索服务名牌认定工作,首次将验配眼镜产品纳入天津名牌认定范畴。出台了2013年名牌产品申请标准,进一步发挥政策引领作用,引导企业重视和提高质量效益,争创名牌产品。2013年,全市共有197家企业的232种产品获得天津名牌称号。其中,科技型中小企业106家,比重达到53.8%。截至目前,全市天津名牌产品总量达到519种。

  3、积极开展地理标志产品保护和WTO/TBT通报咨询工作

  积极开展地理标志产品保护,进一步提高天津产品知名度和附加值。市质监局将蓟县的州河鲤和红花峪桑葚作为2013年的申报重点,深入挖掘产品的特色和历史文化传统,使州河鲤和红花峪桑葚都顺利通过国家质检总局组织召开的地理标志产品保护技术审查,2013年11月州河鲤已批准实施地理标志产品保护,成为我市第12个国家地理标志保护产品。进一步完善了天津市WTO/TBT通报咨询预警系统,发布欧盟、美国、日本等国家发布的通报2000多项,提供我国因技术壁垒受阻案例56项,发布WTO相关信息324项。

  (五)植物新品种保护取得新进展

  市农委积极开展以植物新品种权为主的农业知识产权保护、运用和管理,提升现代农作物种业核心竞争力。以小麦、玉米、水稻、棉花品种为主,开展了农作物种子市场春季、夏季、秋季的专项检查活动,涉及全市12个区县的498家种子企业或种子经销门市部,同时深入多个区县实地查看种子生产基地,并对种子企业生产档案和相关技术规程进行了检查。对56家种子经营单位开展了种子质量抽检,共扦取样品143个,涉及10类作物93个品种,代表商品种子数量37.87万公斤。经过种子管理部门多年的努力,我市主要农作物种子市场已经规范有序。特别是2010、2011、2013年连续三年种子执法年活动,对打击侵犯植物新品种权和制售假冒伪劣种子持续保持高压态势,净化了种子市场。截止目前尚未发现主要农作物种子严重质量问题和侵权行为,非主要农作物市场管理也在逐步加强,对一起经营劣菜豆种子案件进行了立案查处并及时结案。

  (六)海关保护取得新成效

  天津海关创新工作思路,以风险管理为切入点,把“风险管理与现场查发深度融合”作为“创品牌、出亮点”的重点工作。全年共中止放行侵权嫌疑货物1216批次、309.6万件,价值人民币5466.3万元;共查扣侵犯知识产权案件84起、1112批次,价值人民币600.4万元,没收侵权货物82.8万件,有效保护了知识产权权利人利益。天津海关查获的天津某公司出口侵犯“镇江香醋”商标权食醋案,作为天津海关首次查获的假冒地理标志商标案件,成功入选海关总署评选的“2012年度中国海关保护知识产权十佳案例”。“深圳市某贸易公司出口侵犯‘耐克’商标权运动鞋案”和“北京某商贸公司进口侵犯‘STOLICHNAYA’商标权伏特加酒案暨销毁活动”,获得中国外商投资企业协会优质品牌保护委员会(品保委)评选的“2012-2013年度知识产权保护最佳案例”。品保委主席在最佳案例发布会上称:“天津海关已经成为中国知识产权海关保护的一面旗帜”。

  (七)公安刑事打击取得新突破

  1、集群作战严厉制假售假

  各级公安机关坚持从“为国打假、为民打假”的高度出发,落实公安部部署的“打假”专项行动,全市公安机关以此为契机,以集群战役为主战模式,以公安部督办案件为先导,坚持以打开路,始终保持对侵犯知识产权和制售假冒伪劣商品犯罪活动的高压打击态势,有效地震慑了不法分子的嚣张气焰,得到了各级领导、社会各界、国际舆论的一致好评。全年,共破获各类侵权伪劣案件2266起,公安部挂牌督办案件17起,发起跨省市集群战役136起,协助外省市收网集群战役615起,抓获、审查各类制售假犯罪嫌疑人2411名,捣毁产储销假冒伪劣商品窝点逾925个,收缴各种假冒伪劣商品及包装材料等434万余件(个、套),严厉打击了一批制假售假的犯罪分子。

  2、积极拓展“两法”衔接

  市公安局积极建立健全刑事行政执法协作信息互享机制、联合执法协调机制和纠纷快速解决机制,全力开展健全完善两法衔接机制建设,坚持“打建结合,以打促建”,采取切实有效措施,扎实推进与行政执法部门和检法等司法部门的协作。一方面,与工商、知识产权、食药监等行政执法部门互设联络员、定期召开联席会议,建立完善信息资源共享、发案态势通报、案件线索转递等多种机制,初步形成打防管控一体化的工作格局。另一方面,与检法机关在案件协调的基础上进一步拓展执法合作,确保案件的成功侦办。

  (八)检察监督不断加强

  1、严格履行检察职责

  2013年,天津市各级检察机关充分发挥检察职能作用,完善工作机制,强化工作措施,加大工作力度,依法对知识产权刑事案件及时捕诉,并加强督办案件工作。2013年全年,天津市各级检察机关侦监部门共批准逮捕各类侵犯知识产权类犯罪案件37件53人,其中重大案件16件30人。各级检察机关公诉部门共提起公诉各类侵犯知识产权犯罪案件39件72人,其中重大案件9件18人。全市各级检察机关还办理了多起具有重大影响的督办案件,包括塘沽“6.25”制售假药案、河北“9.05”非法印刷发行图书案,有力维护了人民群众的根本利益。

  2、加强行政执法与刑事司法衔接

  各级检察机关有效探索建立行政执法与刑事司法有效衔接制度,通过加强部门沟通来构建两法衔接平台,开展专项活动来提高两法衔接效果,加强监督工作来破解两法衔接难题,取得了开展两法衔接工作的良好效果。市人民检察院与市工商局、市公安局会签了《贯彻国家工商总局、公安部、最高人民检察院关于加强工商行政执法与刑事司法衔接配合工作若干问题意见的实施意见》,完善了工商行政执法与刑事司法衔接配合工作机制。市人民检察院与市食品药品监督管理局会签了《关于加强食品药品监管行政执法与刑事司法衔接配合工作若干问题的意见》,建立完善打击食品药品领域违法犯罪“两法衔接”联席会议制度,推动了打击食品药品领域违法犯罪工作的有效开展。

  (九)司法审判成效显著

  1、加强知识产权案件审判工作

  天津法院知识产权审判工作紧紧围绕“司法为民 公正司法”的主线,审判工作取得了良好效果,业务指导水平进一步提高,调研和案例均取得丰硕成果,维护了知识产权权利人的合法权益,制裁了各类侵权行为,保障了公平有序的市场竞争环境。全年,天津法院各类一审民事知识产权案件收案729件,审结740件。二审民事知识产权案件收案116件,结案127件。刑事知识产权案件收结案数分别为41件和35件。新收和审结行政知识产权案件各1件。依法审理了微软公司著作权案、诺维信公司发明专利权案等一批影响较大的案件。坚持“调判结合”,妥善化解矛盾纠纷。全市法院民事知识产权案件一审调撤率达到71%,比去年同期提高12%。完善技术查明机制,3件涉及技术事实认定的疑难案件,通过咨询相关领域的技术专家给予的专业解答,案件得到圆满审结。依法运用法律规则,加大侵权赔偿力度。法院系统进一步推进司法公开,“4.26”知识产权宣传周期间,高院首次通过北方网视频直播了微软公司著作权纠纷案的全部庭审过程。坚持文书上网公开制度,高院统一按照要求将生效的知识产权判决书上传至中国知识产权裁判文书网。审判工作公开制度化,市高院连续四年向社会和新闻媒体发布上一年度知识产权司法保护状况白皮书、典型案例,主动接受社会监督,全面落实司法公开。

  2、服务经济社会发展

  全市法院系统在继续做好审判工作的同时,充分发挥自身优势,为我市经济社会发展做好服务工作。一是助推文化创意产业发展,高院开展了“天津市文化创意企业知识产权保护状况”调研活动,在六号院文化创意产业园、滨海新区创意产业园区召开知识产权保护座谈会;二是积极服务企业发展。高院多次到企业、产业园区进行调研,了解天津市科技小巨人企业知识产权司法保护的需求与对策,多次开展知识产权保护讲座,一中院实施了重点企业一对一服务,为知识产权工作人员开展专题讲座;三是发挥司法建议的作用,为社会管理建言献策。和平法院向天津万隆大胡同置业有限公司发出了书面的司法建议书,编写并发放了法律宣传材料和典型案例。

  三、加强协作机制建设,形成知识产权保护合力

  全市知识产权行政执法和司法保护部门认真落实市委市政府总体部署,加强协作,不断强化政治意识、大局意识、责任意识,建立起执法协作机制,加强了行政保护与司法保护的衔接,建立了知识产权保护长效机制,在营造知识产权保护法制环境等诸多方面取得了突出成效。市知识产权局与市高法、市检察院、市公安局开展典型案件研讨会与工作交流,通报工作情况,对协作机制的运行进行总结和细化,就案件审理工作进行了卓有成效的研讨交流。市工商局、市质监局、市农委依法查处滥用、冒用、伪造地理标志登记证书、产品名称、专用标志的行为和假冒农产品、地理标志证明商标,侵犯注册商标专用权的行为。市公安局牵头建立了刑事行政执法协作信息互享机制、联合执法协调机制和纠纷快速解决机制。在打击网络侵权盗版专项治理“剑网行动”中,市版权局与市公安局、市通信管理局等成员单位及时沟通联系,对涉及文学、刊物、音视频等信息的网站进行24小时监控、“未备案不接入”等有效措施,取得行动实效。市检察院与市工商局、市公安局会签了《贯彻国家工商总局、公安部、最高人民检察院关于加强工商行政执法与刑事司法衔接配合工作若干问题意见的实施意见》,与市食药局会签了《关于加强食品药品监管行政执法与刑事司法衔接配合工作若干问题的意见》,进一步明确和规范各部门的职责和工作程序,切实形成打击违法犯罪合力。市高法进一步加强与市科委、市知识产权局、市版权协会、文化创意产业协会的工作协作机制,联合开展各种活动。

  四、创新宣传工作,营造知识产权保护氛围

  (一)大力加强宣传力度

  通过加强宣传工作,不断扩大知识产权影响,提升公众知识产权保护意识。市知识产权局牵头组织全市主要媒体见面会,通报2013年知识产权宣传活动安排和宣传重点,启动“天津市知识产权战略实施三年间”采风活动。全国两会期间,《中国知识产权报》专版报道我市科技型中小企业发展新成就,产生良好反响。首次在天津政务网开展了知识产权专题访谈栏目。市版权局在市区主要街口的大型电子显示屏上滚动播放有关版权保护宣传标语,通过“公仆走进直播间”电台直播节目,对知识产权知识、侵权盗版的危害、软件正版化工作等热点问题与听众进行了互动交流。市文广局进一步提高“非物质文化遗产专家讲座”的系统化、专业化水平,吸纳高校和科研机构的专家、学者参与,举办了涉及传统音乐与舞蹈、戏剧与曲艺、书法、传统美术、传统体育、民间文学6个非遗类别的20个专题讲座,举办“天津市非物质文化遗产新春系列演出”,做好“文化遗产日”宣传活动。天津市各级检察机关开展了以“实施知识产权战略,创新驱动发展”为主题的宣传活动。积极推广检察机关在知识产权保护方面发挥的作用、取得的成绩、典型案例和先进经验等,取得了良好的社会效果。市高法坚持知识产权司法保护年度报告和典型案例发布制度,召开年度新闻发布会,在《天津日报》专版刊发《盘点2012年天津十大知识产权案件》和《法官支招教你保护知识产权》。

  (二)积极营造知识产权保护氛围

  行政执法和司法保护部门充分发挥职能作用,在全社会掀起打击侵犯知识产权和制售假冒伪劣商品的高潮。公安机关按照“关口前移、打防并举”的工作思路,坚持侦查破案与广泛宣传同步开展,通过“声、屏、报、网”等多种形式,充分利用每年“3·15”、“4·26”、“5·15”等宣传节点,深入开展舆论宣传工作,积极预防犯罪,有力策应了打击侵权伪劣犯罪工作的全面开展。特别是连续组织开展了打击侵权伪劣犯罪战果展、集中销毁侵权伪劣商品、参加电台和电视台相关栏目录制播放、设立宣传栏、召开座谈会、印发宣传品、组织下乡宣传、发放纪念品等形式多样、内容丰富、针对性强的各类宣传教育活动,在广大群众、知名企业中引起了广泛的社会反响,营造了全民打假的浓厚氛围,向社会展示了我市保护知识产权、打击侵权伪劣犯罪的信心和决心。市文化市场行政执法总队举行了2013年侵权盗版及非法出版物集中销毁活动,共销毁30万余册(张)非法盗版图书、报刊、教辅读物和盗版光盘;召开了新闻发布会,向社会宣传版权保护执法工作的成果;启动了以“绿书签行动”为主要内容的知识产权保护系列宣传活动,产生了良好的社会效果。“秋风”行动中,人民网、央视网、中新网、新浪网、凤凰网等主要网站进行了报道。

  

  

  

  

  

  

  

  

  

  

  

  2013 White Paper on Intellectual Property Rights Protection in Tianjin

  Tianjin Leading Group Office of Intellectual Property Strategy

  (April, 2014)

  

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

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

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

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

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

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

  1)Reinforcing patent administrative enforcement

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

  2)Conducting the intellectual property right maintenance for exhibitions

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

  3)Being prepared for IP safeguarding assistance

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

  4)Enhancing the right holders’ self protection ability

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

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

  1)Intensifying the trademark administrative law enforcement

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

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

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

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

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

  4)Propelling the implementation of the new Trademark Law

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

  3.Copyright protection makes new improvement.

  1)Stepping up copyright law enforcement

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

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

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

  3)Advancing the software legalization

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

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

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

  4)Fortifying efforts on the protection of intangible cultural heritage

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

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

  1)Reinforcing law enforcement in the fight against counterfeit goods

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

  2)Expanding the number and field of famous products

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

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

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

  5.New plant variety protection achieves new development.

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

  6.Tianjin Customs makes new headways in IP protection.

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

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

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

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

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

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

  8.The procuratorate supervision gets more and more strengthened.

  1)Strictly performing the procuratorial functions and duties

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

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

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

  9.Judicial Trials yield significant results.

  1)Enhancing intellectual property trials

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

  2)Serving economic and social development

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

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

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

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

  1.Publicity is vigorously intensified.

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

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

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

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