《2008年上海市知识产权保护状况》摘要(中英文)
发布时间:2010/6/4 17:56:20来源:国家知识产权局分享到

2008年,上海市政府以贯彻落实国家知识产权战略为主线,继续推进实施《上海知识产权战略纲要》,大力开展迎奥运保护知识产权专项行动,推动了上海知识产权发展和保护工作在新的起点上实现新的发展。


一、制定《关于本市实施国家知识产权战略的若干意见》,贯彻落实国家知识产权战略
《国家知识产权战略纲要》颁布后,上海市政府在全国率先制定了《关于本市实施国家知识产权战略的若干意见》,提出了贯彻实施国家知识产权战略、不断加强上海知识产权工作的25条意见。


二、完善政策措施,促进知识产权数量和质量稳步提高
上海市有关部门通过制定、修改、完善政策,鼓励企事业单位自主创新、获取知识产权。尽管受到全球金融危机的影响,但是上海的知识产权数量和质量继续保持平稳增长。2008年上海专利申请量达到52,835件,比2007年增长11.9% ,其中发明专利申请量17,829件,增长17.2%。核准注册商标达到17,420件,增长64.8%;累计有效注册商标总量132,920件,增长8.5%。办理作品著作权登记1565件,著作权合同备案202份,软件版权登记4721件。


三、开展专项行动,加大知识产权保护力度
2008年上海市有关部门开展了以“迎奥运”为主题的保护知识产权专项行动,严厉打击知识产权侵权违法行为。在奥运赛事期间,上海市工商局对奥运比赛场馆周边等重点场所开展了专项整治;上海市版权局建立了处理非法转播奥运赛事案件的快速反应机制,安排专人24小时值班,加强对全市互联网和移动通信平台的监控和管理。2008年,上海市公安部门共查破各类侵犯知识产权违法犯罪案件1458起,打击处理违法犯罪嫌疑人1708人,追缴赃款赃物价值共计人民币4.48亿余元;上海各级法院进一步健全审判机构和完善审判体制,加强知识产权司法保护,当年受理一、二审知识产权民事案件1757件,审结1634件,比2007年分别上升43.1%、33.2%。上海在保护知识产权方面的不懈努力得到了有关方面的肯定。美国贸易代表办公室发布的《2008年度特别301报告》指出,“上海市被产业界观察家称赞为中国知识产权保护环境中的相对亮点”。


四、组织形式多样的宣传活动,营造知识产权文化环境
为进一步普及知识产权知识,营造良好的知识产权文化环境,上海市有关部门在“保护知识产权宣传周”期间,以迎奥运、迎世博为主题,组织开展了形式多样的宣传活动,举办了上海知识产权保护状况通报会,公布了上海2007年度保护知识产权十大典型案例和十大新闻事件,通过多种渠道发布知识产权公益广告,开展“世博知识产权保护社区行”培训活动,播放由国际影星成龙出演的海关知识产权保护宣传广告片,组织知识产权案件公开庭审,并通过各大媒体报道知识产权典型案例。


五、举办多层次的培训工作,培养各类知识产权人才
上海市有关部门十分注重知识产权人才的培养工作。2008年对20000余名企事业单位专业技术人员进行了知识产权公需科目培训;开展了专利工作者、高级专利情报分析员、软件资产管理等培训活动,有409人经考试合格获得了专利管理工程师证书。

Summary of Heilongjiang Provincial Intellectual Property Protection in 2008

In 2008, with the wise leadership of provincial Party Committee and government, remarkable results were achieved in IPR business, and self-driven creations and innovations and development of economy and society were robustly promoted, thus contributing to progress of the harmonized society.

I. Take New Steps on IPR Work

In August, 2008, the formulation work of the Outline of Heilongjiang Provincial IPR Strategy was officially started. In October, the cooperation mechanism between State Intellectual Property Office (SIPO) and Heilongjiang Provincial Government was officially established. During the period of Consumers’ Day on March 15th and World IPR Day on April 26th, Provincial Intellectual Property Administration (IPA)utilized news media, publicized IPR, distributed more than 100,000 copies of IPR materials to the public. In 2008, IPR international communication and cooperation channels were broadened. Sino-US Seminar on Intellectual Property Protection and Enforcement Strategies was held. With the multi-purpose, all-directional, high quality and high effective IPR service to the entire society as the objective, Provincial IPA further strengthened the IPR international website construction, the patent database data were expanded to 23 million.

II. Steadily Promote Patent Protection Work

In 2008, the patent application amount of our province reached to 8,351, increased by 15.3% over that of last year. By the end of 2008, the accumulated patent applications of the province were 77,263, and the granted were 41,993. In 2008, focus was given to five key professions and the prop enterprises of equipment, energy, petro-chemical, medicine and food in Heilongjiang Province. Optimum projects were selected, key breakthrough was made, and the patented technologies industrialization was advanced. IPR system of the whole province strengthened the patent executive enforcement, carried out the routine inspection and the centralism reorganization, promoted the formation of the IPR legal system environment.

III. Strengthen the Trademark Protection

The trademark supervision work was fully advanced. The on-site investigation to 27 enterprises which applied the well-known trademarks and reexamination of provincial famous trademarks were carried out. In 2008, 278 provincial famous trademarks were identified, 9 provincial well-known trademarks were newly identified. The number of the valid trademarks reached to 29. More than 2,000 agricultural products trademarks were registered and 26 Geographical Indication applications were filed.

IV. Constant Development of the Copyright Protection

124 network infringement cases were severely attacked; more than 20,000 pirated audio-video products and computer softwares were confiscated. 13 municipal (area) culture administrative departments of the entire province carried out the illegal audio-video products coordinate destruction action, and altogether destroyed nearly 500,000 pieces of illegal audio-video products. The publicity activity for 17th anniversary of Copyright Law implementation and evaluation activity for Legal copy product management demonstration unit were carried out. The enterprises’ using the legal copy software work was advanced effectively. 

V. Protection for New Plant Varieties was Further Strengthened
Provincial Agricultural Committee organized the related divisions (stations) to carry out the market inspection on the granted varieties sales situation, and investigated 12 counterfeit and infringement cases. In August, 2008, they held new plant variety protection on-site meeting at Qing Gang County, invited the experts from new plant variety protection test center of Province Institute of Agricultural Sciences to explain the related knowledge on the application, examination and so on of new plant variety protection.

VI. The Customs Protection for IPR were Further Strengthened

In 2008, Harbin Customs organized several well-known brand owners to carry out the distinction training activity in various ports customs, effectively improved the IPR law enforcement ability of the executive officers. In 2008, 59 cases were discovered and seized, of which the value was 1,846,800 RMB.
VII. Public Security Authority Further Strengthening the Investigation and Handling of the IPR Cases

In 2008, 31 cases were placed on file for investigation and prosecution by the public security authorities of the entire province, 9 cases were solved, 37 suspects were caught, of which the value was more than 16,047,600 RMB. Meanwhile, they established the cooperation mechanism with the procuratorate, court, and the horizontal administrative law enforcement departments. They strengthened the cooperation mechanism of attacking transnational economic crimes with Russian Police, reached the agreement on cooperative investigation and detection motion on the transnational economic crimes cases.

VIII. Procuratorial Organ Thoroughly Carrying Out the Special Action of IPR Infringement Crime’s Putting on Record Supervision, IPR Judicature Trial Ability Further Enhanced

In 2008, all levels of the procuratorial organs of the entire province seriously implemented the decision and deployment of The Supreme People’s Procuratorate (SPP) about carrying out the special action of IPR infringement crimes’ putting on record, positively explored the effective way in special action, strengthened the supervision. All levels of the procuratorial organs of the entire province established the leading group took general prosecutor as the group leader, deputy prosecutor in charge of the work as the vice-group leader, personnel from the investigation and supervision department as the members, carried on the inspection to the progress situation of the special action, and gave the face-to-face instruction to the questions existed. In 2008, Provincial Superior Court distributed Notice on Severe Judicature Identification of the Well-known Trademark to each intermediate court, offered classic cases for reference, and unified the law enforcement standard. The courts of the entire province altogether heard 352 cases of IPR dispute, effectively safeguarded the IPR owners’ legal rights and interests.

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