In 2007, under the leadership of the Provincial Committee of CPC and the
provincial government, the work on intellectual property protection of the province had been done
by initiating the making of strategy of intellectual property for the province on an overall
basis while supporting the construction of an innovation nation and implementing the scientific
development view. Quantity of proprietary intellectual property continued to grow, the work on
administration of intellectual property protection progressed steadily and the application of
intellectual property provided a powerful support to the quick development of the economy and the
rejuvenation of the old industrial base of the province. Various laws and regulations about
intellectual property protection were followed and implemented and thus the intellectual property
was protected vigorously.
I. Creation of Intellectual Property
1. Patent
The number of annual patent application reached 19,754 cases in the
whole province in 2007. It was a 15.9% increase over last year, which included 5,516 cases of
invention-an increase of 26% as compared with last year, 8,012 cases of utility model and 6,226
cases of design; or 8,059 cases of on-duty application and 11,695 cases of off-duty position
application subject to their applications. The configuration of patent application was improved:
invention application amounted to 27.9%, an increase of 2.3% as compared with 2006 and it exceeded
the average rate of 26.1% of invention application rate nationwide.
In 2007, the number of patent granted of the whole province reached 9,615, an increase of 30%
as compared with last year, it included, 1,220 cases of invention, 7,034 cases of utility model,
and 1,360 cases of design.
There were four cities whose number of patent application exceeded
one thousand cases in 2007: Shenyang, 4,905 cases, amounting to 24.8% of the total annual amount of
the whole province; Dalian, 8,730 cases, 44.2% of the total; Anshan, 1,488 cases and Panjin, 1,135.
The sub-total amount of other ten cities of the province was 3,496 cases, 17.7% of the total of the
province annually. The number of invention application of Shenyang reached 2,279 cases so Shenyang
was still the number one for its invention application in the province and that of Dalian was 1,604
cases.
By the end of 2007, the accumulated amount of patent application of the province was 160,852
cases and the accumulated patent right granted was 80,579 cases and both ranked number seven
nationwide. Among the accumulated patent application, 32,704 were of invention, 97,164 of utility
model and 30,984 of design; or 39,377 cases were of on-duty application, 121,475 of off-duty
application subject to their applicators.
2. Trademark
The number of trademark registration application in 2007 was 11,704
cases and the number of registered trade mark was 5,974 cases. It was close to the average level of
the nation and ranked number 10 nationwide. A greater result was achieved in the work of striving
for well-known trademark: 12 well-known trademarks were confirmed.
By the end of 2007, the province obtained more than 85,000
registered trademarks accumulatively and 40 well-known trademarks, which ranked number 9
nationwide; the number of registered geographical indications was still six and it ranked number 10
nationwide.
3. Famous Brand Product
In 2007, 31 (containing 5 for re-evaluation)products of the province
were authenticated as China Famous Brand Product; two products were allowed to implement
origin-named product and three further more were waiting for approval.
By the end of 2007 the province had 60 Famous Brand Products in total and the ranking was
lifted up to number 9 from number 10 nationwide as to the total number of Famous Brand Product; ten
products were approved by the State Bureau of Quality and Technical Supervision to implement
origin-named product protection and it ranked number 16 nationwide.
4. Copyright
In 2007, the copyright registration in the whole province reached
824 pieces. It was an increase of 9.1% as compared with last year. It included 73 pieces of
characters work, 82 pieces of music work, 331 pieces of fine art work, 305 pieces of movie and TV
work, 16 pieces of play work, one piece of dance work, 14 pieces of computer software work and two
pieces of other work.
Copyright contract registration in the whole province reached 372 pieces in total in 2007 and
it was an increase of 105.5% as compared with last year. It included 258 pieces of imported books,
8 pieces of imported audio-video work and computer software, and 106 pieces of exported
books.
5. New Plant Variety
40 agricultural plants in the province were granted the title of New
Plant Variety in 2007.
By the end of 2007 the accumulated application on New Variety of Agricultural Plant reached
309 pieces and it ranked number 5 nationwide; the granted new variety of agricultural plant reached
114 pieces and it ranked number 3 nationwide; the granted new variety of forestry plant reached 25
pieces.
6. Software
In 2007, 640 pieces of software product were registered in the whole
province and 87 enterprises were authenticated as software manufacturer.
By the end of 2007, there were 2,689 pieces of registered software product and 646
authenticated software manufacturers accumulatively in the province.
In 2007, 36 enterprises were newly authenticated as software manufacturer and 248
authenticated software manufacturers accumulatively, 138 newly registered software products and 894
software products accumulatively in Shenyang. 35 newly authenticated software manufacturers and 224
manufacturers accumulatively, 446 pieces of newly registered software products and 1,342 pieces
accumulatively in Dalian.
II. Administration, Implementation and Protection of Intellectual Property
1. Making of "Strategy Outline on Intellectual Property in
Liaoning Province"
The 17th Conference of CPC proposed "The Strategy of Implementing
Intellectual Property". In order to put the spirit of the 17th Conference of CPC into practice and
to upgrade the work on intellectual property in the province on an overall basis, and continued to
timely work out the Strategy Outline on Intellectual Property for the province, we had completed
the "Strategy Outline on Intellectual Property in Liaoning Province" (draft) and the "Seven
Strategic Intellectual Property Topics" (draft) on science and technology, higher educational
institutions, national defense, copyright, trademark, information industry and new plant variety.
Shenyang and Anshan Cities also initiated their work on making up of the intellectual property
strategy outline and other cities of the province started their making ups of the strategy outline
in succession in combination with their practical conditions.
2. Patent
In order to optimize the patent application configuration of the
province and to strengthen the proprietary innovation capability of the old industrial base of
Liaoning Province, the province and its subordinated cities worked out encouraging policies to
promote the patent application in succession, so that there were larger amplitude increase in both
patent invention application and on-duty patent application. In 2007 the patent application of
invention reached 5,516 cases. It was a 26.3% increase as compared with last year and a 16.3%
exceeding to the predetermined goal of increase by the provincial government. The patent on-duty
application reached 8059 cases, amounting to 40.8% of the whole patent application and a 10.5%
increase as compared with last year. Quality of patent application of the province was evidently
improved and the configuration of patent application was further optimized.
We continued to strengthen the propagation and training on
intellectual property to improve the intellectual property consciousness of the whole society. We
made a full use of the chance of the "4.26" World Intellectual Property Day and carried out an
Intellectual Property Week activity in the whole province during that week, we held an opening
ceremony and the intellectual property department at both provincial and municipal levels carried
out high-powered propagation activities; opened up a special column of the Intellectual Property
Week on the internet, made and put out public-interest ad; printed and distributed propaganda
materials; worked out a white paper of "Intellectual Property Protection in Liaoning Province
2006"; held an "Intellectual Property & Proprietary Innovation Forum" for enterprises and
institutions and a special topic report meeting on Intellectual Property & Economic Development
for members of Spring Class of the Party College of the provincial committee of CPC; held the
"Shenyang Public Lecture on Innovative Achievements of Modern Chinese Inventors" for different
circles of the society; held a special topic lecture on "Intellectual Property Strategy" for
members of the Senior Professionals Training Course. The training on intellectual property
knowledge was carried out on multi-levels and the course of intellectual property entered into the
classes of the Party Colleges of the provincial committee and party colleges of Shenyang, Dalian,
Benxi, Dandong, Yingkou, Tieling, Chaoyang and Panjin municipal committees of CPC and all the
members in a total number of more than 1,200 in these colleges were trained in the intellectual
property course. Training courses on a public required subject of intellectual property were
carried out for professionals and technical personnel and all together 1,400 peoples from all over
the province were trained in the courses. Liaoning Provincial Bureau of Intellectual Property
jointly held "Intellectual Property Strategy Training Course for Medium and Small Sized
Enterprises", "Senior Session Course on Standards & Patent", "Training Course for Leading
Cadres at County and District Level" with the Provincial Department of Medium-Small Sized
Enterprises, the Provincial Bureau of Technical Supervision and the Provincial School of
Administration respectively and more than 300 intellectual property administrative officials were
trained. Shenyang municipality implemented a "Plan on Steps by Intellectual Property Lecturers
Group Servicing Science & Technology Guided Enterprises" and organized experts to enter into
the Science & Technology Guided Enterprises to popularize intellectual property knowledge.
Dalian municipality organized "Intellectual Property Service Teams" to hold training courses in
enterprises and institutions. Dandong municipality adopted a means of training of "Call-in,
Sending-out, Going down" to bring up wise men of intellectual property. Training courses were also
held in other cities of the province.
We continued the strengthening on the intellectual property
administration faculty development. In 2007, Dalian Municipal Bureau of Intellectual Property set
up the Division of Administrative Enforcement of Law on Patent. So did the municipal bureaus of
intellectual property in Anshan. Benxi, Tieling and Fuxin cities. The bureaus of science and
technology of the 16 districts, counties (city of county level) and development zones of Shenyang
were added a new nameplate of "Bureau of Intellectual Property", so did three districts and
counties of Fushun City. The work on intellectual property was extended to government at district
or county level. Supervision over intellectual property agent was enhanced and business
of intellectual property agent was more normalized.
We continued the implementing of the project of "making enterprises
more competitive" so as to boost the industrialization of patented techniques. We established
Liaoning Patent Searches & Analysis Public Platform in which a sino-foreign patent database
containing patent abstracts, full content of patent specifications and attached drawings, all
together 45 million pieces in number, provided by seven countries and two organizations. It is the
most perfect and most applicable patent database for the time being. It may provide the scientific
and technological innovation of the province with patent information service. Shenyang Neusoft
Group Co., Ltd., Anshan Iron & Steel Group Corporation and Dalian Chemistry & Physics
Research Institute were conferred the title of "National Enterprise-Institution Intellectual
Property Model Unit" by the State Intellectual Property Office. Anshan Iron & Steel Group
Corporation, Anshan Pharmaceuticals Co., Ltd., and Dandong Jinwan Group Co., Ltd. became among the
first batch of the enterprises as the national intellectual property exchange centre. Shenyang and
Dalian became national modeling cities for intellectual property work after passing through
evaluation-acceptance. Two patent projects, i.e., "Preparation of Hollow Fibre Membrance Separator
Epoxy Sealing Head" by Dalian Chemistry & Physics Research Institute and "Car" by Shenyang
Brilliance-Jinbei Automobile Co., Ltd. were awarded gold prize in the 10th National Patent
Awarding, amounting 13% of the number of gold prize. Six other patent projects, including the
"Insaturated Oxim-Ether Insect-Fungus Killing Agent", were awarded Outstanding Prize.
We continued to work out and modify various rules and regulations
for the patent technology industrialization and to make it to be institutionalized and to increase
the transparency of government affairs. In 2007, the province set up 63 patent technology
industrialization projects through examination. Each city of the province also make up encouraging
policy on the conversion of patented techniques and set up their own patent technology
industrialization projects so as to promote their work on patent technology industrialization and
to bring up their local economic development.
We held the first session of Patent Technology Docking Fair for
Invigorating Northeast Old Industrial Base. The fair was held on September 20 to 21, 2007 in
Shenyang. 28 exhibition groups from Northeast China and Surrounding Bohai Zone participated the
fair. More than 400 enterprises and institutions attended the fair and 457 intentional agreements
representing a sum of business transaction of 548 million Yuan were signed. During the fair, the
"Fair Website" was opened and achieved 102,157 web surfers and an average daily clicking of 1,407
times. 3076 patent technology docking projects which includes 2,183 supply projects and 893 demand
project were submitted for application. And still 342 further projects reached cooperative
intention via network "Purchasing Vehicle".
We continued to strengthen the patent administrative enforcement of
law and to enhance the intellectual property protection. We tried to modify the patent protection
policy system development, strengthened the training for personnel of patent administrative
enforcement of law to improve their professional capability and enforcement level. 100 more people
were qualified for the patent administrative enforcement of law. The Intellectual Property
Protection Cooperation Agreement Between Three Provinces and Two Cities Surrounding Bohai
(Liaoning, Shandong, Hebei, Beijing and Tianjin) was signed and thus a trans-regional and
trans-departmental association mechanism on patent administrative enforcement of law was
established. More than 10 actions of special patent administrative enforcement of law involving
nearly 1,000 person-times were taken. The "Two Hundred Project" on patent protection in Liaoning
Province was implemented. In which 19 enterprises and 13 department stores were determined to be
the first batch of "Two Hundred Project" implementing unit. The enforcement of law for exhibitions
and fairs was continued to be enhanced. For instance, patent enforcement of law consultations and
on-the-site administrative enforcement of law were carried out in the following fairs and
exhibitions which were held in Shenyang: Annual Meeting of National Plastic Door and Window
Industry, the 6th China National Equipment Manufacture Fair, New Patent Technology Docking Fair for
Invigorating Northeast Old Industrial Base and etc. Intellectual property consultation room was set
on eight exhibitions and fairs such as "3.15" Dalian International Consuming Goods Fair, the "57th
China International Spring Fair on Medical Apparatus" to provide consultation service and accept
complaints on forgery patent.
3. Trademark
In 2007, the industrial and commercial administration organizations
at different levels of the province made a full use of the "Intellectual Property Week" as a chance
in their work on well-known trademarks. They enhanced the propaganda on trade mark strategy to
improve the trademark brand consciousness of the whole society and achieved such a trademark
consciousness atmosphere to which the government takes care, the enterprises take great importance
and the society pays attention. Concerned encouraging policies were worked out and a policy
environment for the well-known trademarks was modified to guide enterprises to strive for their
well-known trademarks and thus this work achieved new progress. Twelve trademarks, including
"Huishan", "Snow Flower", "Strong shield", "Bandchuidao", "DYZV", "Jincheng", "Anlun", "Yellow
Sea", "Blue Flower", "Panjin Rice", "Yu Wang", "Kaisenmeng" were appraised as well-known trademarks
in the whole year. Sticking to the principle of "establish one batch (of trademark), declare one
batch for approval, and cultivate one batch for prepare", we tried to do a better work for the
well-known trademark in the province and to enhance the famous trade mark echelon development. Last
year, 198 trademarks were newly recognized as famous trade marks of the province. Up to now there
are 737 provincially famous trade marks and 926 municipally famous trademarks.
In the implementation of the project of enriching the peasants with
trademarks, we continued to strengthen propaganda on the project so as to enhance the trademark
consciousness of the peasants and to arouse the initiative of registering trade marks for
agricultural products. We carried out a broad survey on the agriculture resource of the province
and accelerated the registration of geographical indications marks and agricultural product
trademarks and thus the project of enriching the peasants with trademarks achieved periodic
progress. 13 pieces of agricultural product having special character were determined to apply for
registering geographical indications. Six geographical indications were registered and 304
agricultural products trademarks were resisted. The accumulated registered agricultural product
trademark of the province reached 4,473 up to now.
In field of protection over trade mark administrative enforcement of
law, we established and modified the long-term management mechanism to regulate the behavior of
using trademarks, and stressed the governance over trademark violations. We speeded up the shifting
forward of the supervision link in trademark administration. We establish the trademark
administration institution for commercial enterprises and the filing institution of trademark using
for specialist stores, specialist repair shops and chain stores. We concentrated carried out
special protection action over trademark right and did stressed check-ups over the trade mark
applying for such commodities as grain, meat, vegetables, fruits, milk products, bean products,
aquatic products, drinks, wines and drugs in such special protection actions as "Market Order
Rectifying on Festivals", "Food Safety Project", "Cracking Down on Fake Goods and Protecting the
Peasants" and etc. 673 different trademark violation cases were investigated and punished, 5.2
million Yuan violation money were forfeited and 80,000 trade mark logos were capture and thus
powerfully attacked the criminal counterfeiting of registered trade marks and maintained a fairly
competitive market order in the province the whole year.
4. Copyright
In 2007, copy right administrative departments at different levels
of the province, taking the "4.26" World Intellectual Property Day as a chance, continued to carry
out manifold copy right protection propaganda activities with varied contents to further enhance
the social and public copyright protection consciousness, to enhance the consciousness and function
of social management and public service for copyright administrative departments, and to develop
the channels of copyright protection. Copyright protection working stations were established in
regions where there are developed copy right industry and more copyright problems such as Shenyang
Hunnan New District and Northeast Finance & Economy University and in this innovative way to
protect copyright. Copyright administrative enforcement of law and copy right protection was
carried on. Copy right administrative departments at different levels of the province organized and
curried out special actions to attack the illegally preloaded computer software and network pirated
version. The operation of special actions strengthened the protection over copy right and cracked
down on the violation and pirated versions.
In 2007, copyright administrative departments of the province
checked 57,939 business units, gave 2,733 of them administrative punishment for their violation and
still 5 of them constituted criminal offense. Two million pirated CD were captured. In the attack
against illegally preloaded computer software, more than 2,260 persons (times) law enforcement
officials participated in and 340 business units (times) were checked, more than 4,000 pirated
software discs were captured, 11 business units received punishment for their sales of preloaded
pirated computer software: eight of them were warned and other three were ordered to stop
operation. In the special attack against network pirated version 17 cases were investigated and
punished by administrative departments in the province.
5. Audio and video Product
In 2007, cultural administrative departments at different levels of
the province enhanced the administrative enforcement of law over the audio-video product market and
maintained the business order thereof, achieved a healthy development for the audio-video product
industry. In accordance with the unified plan of the Ministry of Culture, a campaign of "Protecting
Intellectual Property, Attacking Pirated Things Everyday" was carried out. Audio-video product
market was rectified in three ways: attacking the source of violation, clamping down the nomadic
traders, establishing regulations and institutions. Supervision and control over sales of
audio-video product were stressed in problem prone areas such as software market, electronic
product market, peripheral regions of schools and universities, intersectional areas between city
and country, and rural areas. During the time of festivals the supervision and control over
cultural market were enhanced and thus on one hand, demand of people toward culture and recreation
was satisfied in holidays and on the other hand a healthy order was guaranteed for cultural market.
85 audio-video product business units in all the 14 cities of the province were checked through
secret investigation to the audio-video product market. The concentrated law enforcement achieved a
substantial result.
A number of serious cases of illegal business on sales of
audio-video product were investigated and punished. In the beginning of the year an illegal
business case was cracked as being informed by masses and seized more than 20,000 pirated MPEG4
CDs, the criminal suspect was caught red-handed and had been investigated for criminal liability.
This case was the major one cracked in our province in MPEG4 pirated CD sales. The seized pirated
MPEG4 CDs are all double-sided burning ones and on each CD more than 100 movie programmers and
3,200 songs can be recorded, their capacity is 100 times larger than common DVD. This was an
extremely serious infringement case.
In early December, more than 70,000 pirated CDs were seized in a
resident house in Xinggongbeijie, Tiexi District, Shenyang. 4,000 CDs among them involved
photography and obscenity. The criminal suspect was captured by the police and the case is still
under investigation.
In 2007, more than 140,000 person-times of law-enforcement officials from cultural
administrative enforcement of law at different levels of the province proceeded and investigated
more than 92,000 cultural business firm-times, seized 2.4 million pieces of illegally made
audio-video product. Heavily attacked the flames of those who violated the law. Illegal business on
pirated audio-video product was contained and the cultural marked was purified.
6. New Plant Variety
In 2007 the agricultural system of the province continued to enhance
the propaganda and training on the protection against the right of new plant variety. The stress
was given on the propagations of knowledge and policy of protecting new plant variety. Training
courses were held on knowing the distinction between variety right and variety accreditation, the
difference between variety transfer and variety right license, the relationship between the
applicator and culture, and other matters on new plant variety protection. These courses helped
modify applying quality of owner of variety right and the law enforcement level. Seeds
administrations at different levels of the province continued to enhance the new plant variety
protection. They checked the seeds market in spring and autumn when seeds were sold and purchased
like hot cakes. Punishment was done legally on violations.
In 2007 the forestry system of the province enhanced the protection
against new forestry plant variety. Work was done on the following matters: propaganda and
popularization of knowledge of protection against new forestry plant variety, administrative low
enforcement development, policy making to encourage development and applying of new variety,
enhancing international cooperation on new variety protection and development of variety right
intermediate organizations. All these played an important role to guarantee the forest production
and to promote the economic development.
7. Science & Technology System
In 2007 the science and technology system of the province further
put various laws and regulations on intellectual property into practice and the work of
intellectual property administration was attached great importance. Organizational and functional
development on intellectual property in scientific and technological enterprises was enhanced.
Intellectual property index was intensified in such links as scientific and technological project
approval, evaluation and acceptance check and etc. Proprietary innovation was stressed and the
quantity of propriety intellectual property was evidently increased in scientific and technological
innovation. Intellectual property conversion achieved greater progress and thus promoted the
economic development of the province.
8. Foreign Trade System
No direct fuzzy event for intellectual property was taken place in
export of the province by the end of 2007. But since this kind of fuzzy event generally influences
the whole product link of the involved product, so its chain effect and indifference effect must
give a certain indirect influence upon related enterprises in our province. Furthermore, there are
problems of intellectual property protection in the enterprises of our province like domestic
enterprises in other provinces, so it is inevitable of the occurrence of international intellectual
property fuzzy event. The export enterprises in our province have come to notice this and have
started work to make response and be ready to solve problems of fuzzy event. The development of
proprietary intellectual property was stressed and tried to implement the strategy of famous brand
product and to encourage famous brand products to be exported. Gradually develop such famous brand
products having international fame and change the situation of intellectual property protection
from passive pattern to initiative pattern.
9. Cultivation of Intellectual Property Talents
In 2007 the intellectual property talent team and policy development
of the province was enhanced. The engagement of post-doctoral talents was an important thing in
attracting and cultivating intellectual property talents. Special support and financing were given
to post-doctoral positions to attract talent from all over the country to Liaoning for
post-doctoral research and practice. Took the "Hundred, Thousand, Ten Thousand" project as an
important carrier for cultivating senior class intellectual property talent. Laid priority on
intellectual property talents during the candidate appraisal and project financing evaluation for
the "Hundred, Thousand, Ten Thousand" project. Took intellectual property talents as important
constitutional part to develop innovation teams. Promoted mutual learning, mutual benchmarking and
joint progressing among senior intellectual property talents by means of undertaking project or
cooperative research. A group of internationally first class, middle-aged and young intellectual
property talents should be cultivated. Took the work on overseas scholars as an important channel
for cultivating and attracting intellectual property talents and took intellectual property talents
as key candidates to introduce and dispatch internationally. Learn the experience and outstanding
practice over the work on intellectual property from foreign countries and train intellectual
property talents to let them to be qualified internationally. Trainings were enhanced to improve
quality and capability of intellectual property workers and surrounding the project of "Knowledge
Regeneration for Senior and Middle Class Technical Personnel in Liaoning Province" ("5520"
project), public demanded continuing educations which take intellectual property and proprietary
innovation capability development and exercise as major content were carried out. The
teacher-training classes and modeling training classes cultivated 70 backbone teachers for
different cities of the province and 1,100 technical professionals for province subordinated
organizations.
10. Customs House
Shenyang and Dalian Customs Houses further enhanced the organizing
and leading over intellectual property protection in 2007. Shenyang Customs House established an
institution of "listening to intellectual property protection periodically by the commissioner" to
ensure the substantial implementation of intellectual property protection in the jurisdiction of
the house. A perfect system of regulations and institutions was established and thus provided an
insurance for a deepened promotion for intellectual property protection. Dalian Customs House set
up a leading group of intellectual property protection over its jurisdiction so as to unified guide
the implementation of intellectual property protection. The two customs houses continued to enhance
the professional training over the front line officers, cultivated a highly qualified intellectual
property protection law enforcement team at the last pass of import and export. The law enforcement
capability of the front line officers was further increased through learning special law,
cooperating with well-known enterprises and special training on method of distinguishing true or
false product and thus laid a foundation for the deep attacking against intellectual property
violation. The two houses continued the enhancement on the propaganda and service for the
intellectual property protection. Shenyang Customs House enlarged the propaganda effect by multiple
ways, especially by using the influence of news media. The activity of "Law Propagation in
Enterprises and Service Providing where You are" was carried out and actively went to enterprises
to introduce the intellectual property protection by the customs and to find out the demand of the
enterprises, to listen to their suggestions so as to jointly protect the legal right and profit of
enterprises. Dalian Customs House held the 6th Recruitment Seminar on Foreign Policies to explain
laws and regulations of intellectual property protection by the customs, especially the procedure,
and mode of customs protection toward enterprises. Printed materials of propagation were released
in the seminar. This seminar improved the consciousness of safeguarding their rights and the lawful
conscientiousness of the enterprises attending the seminar.
In 2007 Shenyang Customs House determined the well known brand
trademark protection as key task, took daily use commodities such as costumes, suitcases, watches
and drugs as key goals and took mail and travel inspection channels as stressed scope, took serious
violation cases which have strong response and bad details as breakthrough, so as to attack the
inbound and outbound intellectual property violations with full strength, 30 cases of violation
were captured and 13,802 pieces of pirated commodity were seized last year. Dalian Customs House
seriously deployed the "Dragon Boat Action" of the General Administration Customs and each business
spot enhanced the risk analysis and check-ups for import and export goods, strengthened attacking
the violations via luggage mail and travel channels. In luggage mail channel three successive
check-ups in 15 days captured 8,000 pellets of Viagra mailing to Japan and further, 156 pirated CDs
and 660 pellets of Viagra were captured at the year end. In the freight channel a case which
involves violation of copy right and the biggest case of copy right violation of the customs system
this year was captured, involving 535 boxes of wooden handicraft articles valued at more than
300,000 Yuan. In 2007 Dalian Customs House investigated and punished 18 cases of intellectual
property violation involving viagra, watches, bags, CD with a total value of more than 1.6 million
Yuan. The two customs houses both had achieved evident effect in intellectual property protection
with their investigated and prosecuted cases were increased in large numbers.
11. Intellectual Property Protection by Criminal Enforcement
In 2007, the public security administrations of the province continued to
enhance the detection to criminal cases involving violating intellectual property and actively
supported such administrations as in the intellectual property, industrial and commercial,
copyright, culture, tobacco and etc. and carried out special check-ups and rectifying actions over
such intellectual property commodity market as patent, trademark, cop right, software, audio-video
product and tobacco and timely punished those cases involving criminal offence, legally and
powerfully attacked offences violating intellectual property, investigated and prosecuted some
major cases.
In May of 2007 in Down Western Life style Apartment in Tiexi District,
Shenyang. Captured 12,060 bottles of diabetes medicine imitating the medicine of Beijing Double
Crane Pharmaceuticals Co., Ltd. Named "Tangshiping" and some other medicines, involving more than
one million Yuan and captured the criminal suspect named Chen.
In August 2007, intercepted a truck on Shenda Expressway and captured
35,446 cartons of cigarette valued around 1,60 million Yuan and, through further detection,
discovered an internet case of illegally manufacturing and selling false cigarette involving 4.1
million Yuan and captured five criminal suspects.
After the detection in almost one year, a case in which the electronic
product intellectual property of two American companies violated was prosecuted, false and
imitative electronic products valued at more than ten million Yuan were detained successively and
the criminal suspect was also captured. This case constructed a good international fame for the
intellectual property protection of our province.
In 2007 the public security administrations registered 56 cases and
cracked 48 cases which involved violation of intellectual property, manufacturing and selling false
and imitative commodities and illegal business, captured 75 criminal suspects. The money amount
involved in those cases reached 90 million Yuan.
12. Intellectual Property Protection by Justice
(1) Procuratorate Administrations of the Province
Situations of approval of arrest: in 2007, the procuratorate
administrations of the province accepted 12 removal cases involving 14 criminal suspects of
intellectual property violation from public security administrations. Twelve criminal suspects in
ten cases were arrested after examination: including one false and imitative registered trademark
case involving two criminal suspects and the two suspects being arrested; six cases of selling
commodities using false and imitative trademarks involving 7 criminal suspects all being arrested;
one case of illegally manufacturing and selling registered trademark identification involving one
criminal suspect being arrested; two cases of violating business know-how involving two criminal
suspects, one of them for one case being arrested; two cases of violating copyright involving two
criminal suspects, one of them for one case being arrested.
Situations of indictment: in 2007 the procuratorate administrations of the
province accepted and heard 16 removal cases of intellectual property violation involving 23
criminal suspects from the public security administrations. Among them, 11 cases involving 17
criminal suspects were indicated after examination: including four accepted cases of false and
imitative trade marks involving 7 suspects and two cases and three suspects being indicted; six
accepted cases of selling commodities using false and imitative trademarks involving seven suspects
and four cases and four suspects being indicted; one accepted case of illegally manufacturing and
selling illegally manufactured trademark identifications involving one suspect and two cases and
two suspects being indicted; two accepted cases of violating business know-how involving two
criminal suspects and three cases and eight suspects being indicted; three accepted cases of
copyright violation involving six criminal suspects.
(2) Court
In 2007, courts at different levels of the province continued to enhance
the judgment on intellectual property cases and put the "Implementation Draft of Liaoning
Provincial Higher Court on Further Enhancing Judicial Protection against Intellectual Property"
into practice. Realized the announcement over the internet of the intellectual property judgment
document on an overall basis. Efforts were made to receive social supervisions and increased the
transparency in intellectual property judgment and legally and heavily punished the intellectual
property violations and thus guanteed the legal right and profit of intellectual property owners
and strengthened the judicial authority, and established a steady image for the intellectual
property protection in our province.
In 2007, courts in the province accepted in total 600 first and second
instance cases on intellectual property disputes, 469 cases were settled down resulting a
settlement rate of 78.2%. The newly accepted first instance intellectual property cases this year
reached 461, including 97 cases of patent disputes, 105 cases of trademark disputes, 180 cases of
copy right disputes, seven cases of unfair competition, 23 cases of technical contract disputes and
49 cases of other intellectual property. In order to protect the legal right of litigants to a
maximal limit, courts tried strictly to control the boundary of judgment, stressed on mediation.
The mediation and law suit withdrawal rate of the courts of the province reached as high as 39%.
Accepted and concluded nine criminal cases of intellectual property violation, involving 16
accused persons, among them: one cache and one person involved in false and imitative register
trademarks, three cases and five persons involved in selling false and imitative registered
trademarks, two cases and two persons involved in illegally manufacturing false and imitative
registered trademarks, and three cases and eight persons involved in violating business know-how. |