《2008年广东省知识产权保护状况》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,广东省知识产权事业实现长足发展,各项工作取得全面进步。

一、知识产权创造再创佳绩,自主创新能力稳步提升
2008年,广东省在知识产权创造方面取得突出成绩。截至年底,全省累计专利申请量、授权量、有效专利量分别为63万、37万和17万件,均居全国首位。全省全年专利申请量和授权量分别为103,883件和62,031件。专利授权量连续14年居全国首位,发明专利授权量首次跃升至全国首位。2008年,全省PCT国际专利申请3120件,占全国总量的53%,连续7年保持全国首位。
截至2008年底,全省有效注册商标总量超过48万件,连续14年居全国首位。2008年,新增驰名商标30件,累计驰名商标总数138件,继续居全国首位;新认定省著名商标407件,延续认定339件,省著名商标总数1969件。
截至2008年底,全省累计申请农业植物新品种90项,授权34项,累计申请林业植物新品种12项,授权7项。2008年,全省新增地理标志产品10个,累计41个,继续保持全国第一。

二、知识产权保护成效显著,市场秩序得到有效维护
2008年,全省知识产权行政管理部门及司法部门有效维护了权利人的合法权益。
全省知识产权系统立案受理专利纠纷案件199件,结案198件;立案查处假冒、冒充专利案件41件,结案46件。工商系统查处商标违法案件4414件,22件案件、27名涉嫌犯罪嫌疑人被移送司法机关。版权系统开展打击非法预装计算机软件和网络侵权盗版专项行动,收缴非法音像制品、电子出版物等110.6万张(份、册),重点查处“三无”网站、违法服务器和国家版权局交办的网络侵权案件。文化系统受理举报4639宗,立案调查3844宗,移送司法机关88宗;查处音像制品违法违规经营单位1713家,查获非法音像制品1815万张(盒)。质监系统立案查处案件1504宗,涉案货值5439.44万元,移送公安64宗。广东海关采取保护知识产权措施2422次,查获侵权嫌疑货物6.4亿件。公安机关立案侦办侵犯知识产权案件387宗,破案250宗,抓获犯罪嫌疑人482名,涉案金额8.7亿元。全省法院新收一审知识产权案件4427件,审结4304件;新收二审案件690件,审结671件;新收一审知识产权刑事案件381件804人,审结380件801人;新收一审知识产权行政案件37件,审结37件。
各级知识产权行政执法部门加强奥林匹克标志专有权保护,出动执法人员309,443人次,检查各类商户166,804个,查处侵犯奥林匹克标志专有权案件531宗。

三、知识产权强省目标确立,知识产权文化氛围日趋形成
2008年,广东省深入贯彻落实《国家知识产权战略纲要》和《广东省知识产权战略纲要(2007-2020年)》,稳步推进战略实施工作。6月,省委、省政府将“实现从知识产权大省向知识产权强省跨越”作为今后一段时期内广东省知识产权事业的发展目标。12月,省政府和国家知识产权局签署知识产权高层次战略合作协定。
知识产权对外交流合作工作逐步深化,粤港知识产权合作持续推进,全省各知识产权部门举办多场大型论坛和宣传活动,营造尊重和保护知识产权的良好社会氛围。全省中小学知识产权教育工作进一步深化。社会知识产权意识大幅提高,以“尊重知识、崇尚创新、诚信守法”为核心的知识产权文化正在逐步形成。

Summary of Guangdong Provincial Intellectual Property Protection in 2008

In 2008, significant advancement was witnessed in intellectual property (IPR) work in Guangdong (GD) Province; progress was made in diverse aspects.

I. Intellectual Property Creation

In 2008, prominent achievements were accomplished in intellectual property creation in GD. By the end of 2008, the accumulated numbers of patent filings, patent grants, and valid patents in GD had exceeded 630,000, 370,000 and 170,000 respectively, all ranking first in China. In the year, patent filings and grants in GD were 103883 and 62,031. The number of patent grants ranked first in China for 14 straight years and the number of Invention Patent grants jumped to the first place for the first time. In 2008, the number of PCT (Patent Cooperation Treaty) international patent filings in GD reached 3120, accounting for 53% of the national total and ranking first nationwide for 7 straight years.
By the end of 2008, the accumulated number of effective trademark registrations had exceeded 480,000, which had ranked first in China for 14 straight years. In the year, 30 more GD trademarks were identified by the State Administration for Industry and Commerce (AIC) as Chinese Well-known Trademarks; the accumulated number of Chinese Well-known Trademarks of GD reached 138 and continued to rank first nationwide. Meanwhile, 407 more GD Famous Trademarks were identified, and 339 GD Famous Trademarks renewed; the accumulated number of GD Famous Trademarks reached 1,969.
By the end of 2008, a total of 90 new agricultural plant varieties applications had been filed and 34 had been granted rights; 12 new forestry plant varieties applications filed and 7 granted rights. In 2008, 10 more GD products were granted Geographical Indication protection, increasing the accumulated number to 41, which continued to rank first nationwide.

II. Intellectual Property Protection

In 2008, the administrative authorities of intellectual property and the judicial authorities intensified IPR protection, effectively safeguarding the IP rights holders’ lawful interests.
The Intellectual Property Offices (IPOs) across GD received 199 patent-related cases and disputes, and concluded 198. In addition, they investigated 41 and concluded 46 cases of patent passing off (i.e. passing off other people’s patents as his own, or passing off non-patents as patents). The Administrations for Industry and Commerce investigated 4,414 trademark-related cases; among those, 22 cases were transferred to the judicial authorities, involving 27 criminal suspects. The Copyright Bureaus carried out the special actions against illegal pre-installation of computer software and against Internet piracy, seizing 1,106,520 pieces of pirated A/V products and electronic publications; the priority was on seizing illegal websites and servers and investigating NCAC-supervised cases of Internet piracy. The Culture administrative authorities received 4639 reports of illegal activities, investigated 3,844 cases, and transferred 88 case to the judicial authorities; they seized 1713 illegally operating units selling A/V products, and over 18,150,000 pieces of illegal A/V products. The Administrations of Quality and Technology Supervision (QTS) investigated and punished 1504 cases; in these cases, RMB 54,394,400 worth of goods was involved, and 64 of the cases were transferred to the police. The customs across GD took IPR protection measures for 2,422 times and seized more than 640 million pieces of IPR-infringing goods. The Public Security Departments (the Police) across GD investigated 387, and cracked 250 criminal cases of IPR infringement and product counterfeiting, arresting 482 criminal suspects. The worth of goods involved reached RMB 870 million. The courts across GD received 4,427, and settled 4,304 IPR civil cases of first instance; they received 690, and settled 671 IPR civil cases of second instance; they received 381 IPR criminal cases of first instance involving 804 suspects, and settled 380 IPR criminal cases of first instance involving 801 suspects. Moreover, they received 37, and settled 37 IPR administrative cases of first instance. The administrative authorities for IPR at all levels intensified protection of Olympic symbols-related rights. They dispatched a force of 309,443 person-times to had inspected 166,804 businesses, seizing 531 cases of infringing on Olympic symbols-related rights.

III. The Goal to Develop Guangdong into a Strong Province in IPR

In 2008, Guangdong Province actively implemented The Outline of the National Intellectual Property Strategy and The Outline of the Intellectual Property Strategy of Guangdong Province (2007-2020). In June, the CPC Committee of Guangdong Province and the Government of Guangdong Province set up the goal to transform Guangdong from a large province in IP creation to a strong province in diverse aspects of IP work in the near future. In December, the Government of Guangdong Province and The State Intellectual Property Office (SIPO) signed the SIPO-Guangdong Protocol for Establishing Intellectual Property Strategic Partnership.
International communication and cooperation deepened further, and the IPR cooperation between GD and Hong Kong (HK) continued to strengthen. Diverse IPR-related departments across GD held large-scale forums and organized publicity campaigns, building a favorable social environment of respecting and protecting IPR. The IPR education at primary and middle schools further deepened. The IP awareness of the public was significantly promoted and an IP culture featuring “respecting knowledge, encouraging innovation, and fostering honesty” was on the rise.

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