Report on Intellectual Property Rights Protection of Hunan Province in 2011
Hunan Provincial IPR Coordination Leading Group
This report is released in both Chinese and English, and the Chinese version shall prevail in the event of discrepancy between the two said versions.
重视舆论宣传。 2011年，我省知识产权宣传周活动以“保护知识产权，助推经济转型”为主题，将宣传周与“打击侵犯知识产权和制售假冒伪劣商品”专项行动结合起来，形成了省市县三级、多部门联合的强大宣传声势。省人民政府先后举办4场新闻发布会，发布了年度知识产权保护状况白皮书，公布了市州、企业、高校专利授权量排名，通报全省专项行动进展情况和典型案件。此外，还通过召开座谈会、庭审网络直播、组织访谈、制作公益广告、开展知识产权主题动漫创作、印制宣传册等方式进行广泛深入的宣传。 湖南卫视、湖南经视以及14个市州电视媒体在黄金时段安排滚动播出专项行动公益广告1.3万次。各地各部门组织开展集中销毁、新闻发布会和大型户外宣传活动37次。
专利： 2011年，全省共申请专利29516件、同比增长31.88% ，授权专利16064件、同比增长15.79% ；申请PCT（国际专利申请）专利405件；发明专利申请8774件，同比增长36.28%；发明专利授权2607件，同比增长35.78%。全省企业的专利申请、授权分别达到15808件、8783件，增长54.01%和 19.71%；企业申请发明专利4260件，同比增长77.65%，发明授权990件，同比增长67.51%。1 0个项目获得中国专利奖，其中金奖1项。全省专利管理部门共立案处理专利侵权纠纷案件97件、结案82件，查处假冒专利案件174件。
版权： 2011年，省版权局登记各类作品版权376件，较2010年增长10%；版权合同备案438件，同比增长30% 。全年查处各类侵权盗版案件317件，收缴盗版音像制品、图书、软件等各类侵权盗版制品90.7万余件。
地理标志保护： 2011年，13件地理标志商标获准注册，全省地理标志商标共计52 件，拥有量在全国排名第8；新增9件农产品获农业部地理标志保护，总数达到32件；经国家质检总局审查，新增4个产品获得地理标志产品保护，产品总数达到26个。
Report on Intellectual Property Rights Protection of Hunan Province in 2011
In 2011, the intellectual property related departments of the whole province, focusing on the strategic planning of the Provincial Party Committee and the Provincial Government on speeding up economic development way change and promoting the construction of a new-type industrialized, new-type urbanized, agricultural modernized, information-based, resource-conserving and environment-friendly society, implemented the Provincial Intellectual Property Strategy thoroughly, and took effectively a special action of fighting against intellectual property rights infringement and the manufacturing and marketing of fake and inferior commodities, which played a positive role in promoting the construction of innovative Hunan and made a good start of the12th Five-Year Plan.
1. The implementation of the Provincial Intellectual Property Strategy was comprehensively pushed forward, and intellectual property right protection environment was further optimized.
Improving policies and regulations. The 25th Session of the Eleventh Provincial People's Congress Standing Committee deliberated and passed Hunan Provincial Patent Regulations, and made a first deliberation on the Hunan Provincial Science and Technology Progress Regulations(draft revision), Hunan Provincial Party Committee Organization Department and Province Intellectual Property Office issued and implemented Hunan Intellectual Property Personnel Development Planning(2011-2020), which is the first local intellectual property personnel development planning. Hunan Provincial Finance Bureau and Hunan Provincial Intellectual Property Office jointly distributed Hunan Support Rule for Patent. The Provincial Development & Reform Commission and the Province Intellectual Property Office co-issued Hunan Provincial Patent Career Development Plan During the 12th Five-Year Plan, and Hunan Provincial Bureau of Quality and Technology Supervision issued Enterprise Management Standard of Intellectual Property. It was clearly stated in both Hunan Provincial Higher Education Development Plan during the 12th Five-Year Plan and Hunan Provincial Key Discipline Construction and Development Plans of Higher Education Institution During the 12th Five-Year Plan by the Hunan Provincial Department of Education that colleges and universities should create a series of landmark achievements with independent intellectual property rights.
Strengthening personnel training. Hunan Provincial Human Resources and Social Security Department continued to list the intellectual property knowledge as a necessary course of the professional and technical personnel training. Provincial Department of Justice wrote in the Copyright Law newly revised to Hunan Popularizing-Law Reader of 2011 during the Sixth Five-Year Popularizing-Law Plan. Provincial finance invested a special fund to start the renovation and construction projects of intellectual property training bases. Provincial Department of Education further promoted the Intellectual Property Personnel Training Project, and strongly supported the relevant colleges and universities in continuing to recruit and train graduate students majoring in intellectual property economy, intellectual property management, intellectual property law, etc., and offering intellectual property rights elective courses for students of non-law professions. The Intellectual Property Research Institute of Central South University was jointly built by the university and Provincial Intellectual Property Office, and the Intellectual Property Research Center of Under-Law Hunan and Regional Governance Research Institute was established in Hunan University. The province held more than 30 symposiums and lectures on intellectual property and more than 60 classes of training courses, with all the personnel trained up to 20,000 person-time. In 2011, 48 people passed the National Patent Agent Qualifying Examination throughout the province.
Paying attention to publicity. In 2011, the provincial intellectual property week-publicity activities titled by protecting intellectual property rights to boost economic transformation, combining with the special action of fighting against intellectual property rights infringement and the manufacturing and marketing of fake and inferior commodities, created a great publicity momentum by joint actions of three levels of the province, the cities or the counties, and multiple departments. The Provincial People's Government held four news conferences, published White Paper of Report on the Annual Intellectual Property Protection, announced the granted patents rankings of cities(counties), enterprises and universities, and informed the progress of the province's special action and typical cases. In addition, extensive publicity was also made by holding symposiums, network broadcasting trials, organizing interviews, making public service advertisements, promoting intellectual property theme animation creation, printing brochures, etc. Hunan Satellite TV, Hunan Economic TV, as well as the TV media of 14 cities and prefectures arranged rolling broadcasting of the public service advertisements of the special action in prime-time for 13,000 times. All regions and departments organized 37 activities of mass destructions, press conferences and large outdoor publicities.
Improving enterprise capacities. Provincial Intellectual Property Office in conjunction with Provincial Department of Finance completed the acceptance check on 23 enterprises of the second batch entering into the provincial IPR advantageous enterprises cultivation project, with an acceptance rate of 100%; 28 enterprises of the fourth batch entered into the cultivation project; 37 Small and Medium Sized Enterprises entered into the pilot program of IP promotion plan for Medium Sized Enterprises in the field of strategic emerging industries in Hunan province. The provincial special fund was provided for more than 90 cultivation programs of IPR advantageous enterprises, and the second phase construction project of Provincial Intellectual Property Information Platform was supported. 87 key technical innovation projects with independent intellectual properties were supported by Hunan Provincial Economic and Information Committee; 24 provincial enterprise technology centers of the 17th batch were newly identified, each owning an average of 3.6 invention patents. The Provincial National Defense Science and Industry Bureau guided and helped enterprises in establishing intellectual property rights protection mechanisms to improve intellectual property risk prevention abilities. The Provincial Commerce Department organized intermediary agencies to provide guidance and services for enterprises in carrying out domestic and overseas IPR protection, provided support for Hunan enterprises of internationally renowned brands as a focus of intellectual property protection, and established mechanisms of intellectual property rights protection in overseas exhibitions to protect legitimate rights and interests of enterprises.
2.Significant effects were achieved in the special action of fighting against intellectual property rights infringement and the manufacturing and marketing of fake and inferior commodities.
The special action of fighting against intellectual property rights infringement and the manufacturing and marketing of fake and inferior commodities from October, 2010 to the end of July, 2011 was concluded satisfactorily, achieving significant effects. During the special action, the province's administrative law enforcement departments registered 6,555 files, in which 102 were major cases, the courts in the province accepted 720 intellectual property-related cases. The various departments focused their key works, strengthened law enforcement, made concentrated rectifications, and safeguarded people's livelihood. The province's public security departments carried out the action of Drawing Sword, the commerce departments carried out the action of Red Shield Storm No. 5, and made special law enforcements on Food Safety in marketing process, Commodity Safety in Circulation Field, and Investigation of Registered Trademark Exclusive Right Infringement Cases, the quality supervision departments carried out a one-hundred-day special action on fake foodstuffs, and action of Quality Supervision Sword for Protecting Farmers, the provincial commerce departments strengthened the daily supervision and special rectification on alcohols and other goods, and carried out IPR protection during the exhibition, intellectual property protection of export brands, and a special governance of fighting against counterfeits and protecting intellectual property rights of products exported to African, the provincial agriculture departments carried out enforcement actions of Agricultural Materials Anti-Counterfeiting to Protect Spring Farming and big random checks on seed market, the provincial food and drug supervision and administration departments carried out safety special rectification of foodstuffs, medicines, medical devices, etc., the provincial press & publication and copyright administrative departments carried out the special action of Sword Network, the provincial culture departments organized a number of special law enforcements to build a cultural market protection period from the New Year's Day to the Spring Festival, the provincial Intellectual Property Departments carried out a special action for the fight against counterfeit patent behaviors of foodstuffs, medicines, agricultural machinery and agricultural products in circulation, the provincial forestry departments carried out a special law enforcement to clean-up and rectify seedling and seed market. Not only a number of typical cases of intellectual property rights infringement were investigated and redressed, but also efforts were made to explore a long-term mechanism of intellectual property protection and the fight against infringement and counterfeiting. State Council inspection group fully affirmed the solid effectiveness of Hunan special action.
3. Intellectual property creation and protection levels were enhanced significantly through the close cooperation of and firm implementation of all the member departments.
Patent: In 2011, a total of 29,516 patent applications were filed in the whole province at an increase rate by year of 31.88%，and 16,064 patents were granted at an increase rate by year of 15.79%；the amount of PCT applications hit 405；the amount of invention patent applications hit 8,774 at an increase rate by year of 36.28%； 2,607 invention patents are granted at an increase rate by year of 35.78%. The amounts of patent applications and granted patents of enterprises in the province hit 15,808 and 8,783 respectively，and increased by 54.01% and 19.71% respectively；4,260 invention patent applications were filed by enterprises at an increase rate by year of 77.65%, the amount of invention patents granted hit 990 at an increase rate by year of 67.51%. 10 projects won China Patent Awards, including one gold award. The province's patent management departments filed and handled 97 patent infringement cases, in which 82 cases were closed, and investigated and redressed 174 cases of counterfeit patents.
Trademark: In 2011, 26,436 trademarks were applied for registration, in which 19,822 were approved as registered trademarks, accumulated valid registered trademarks exceeded 100,000 for the first time, and hit 103,624; 64 pieces were identified as Well-Known Trademarks in China, 658 pieces were identified as famous trademarks in Hunan province. The province had a total amount of Well-Known Trademarks of 165, ranked first in ownership in the Midwest of China, entered into the national Top 8, and the amount of provincial famous trademarks hit 1,612.
Copyright: In 2011, 376 copyrights of various works were registered in the Provincial Copyright Bureau, increased by 10 percent over 2010; 438 copyright contracts were recorded, at an increase of 30% by year. Throughout the year, 317 cases of various infringements and piracies were investigated and redressed, and more than 907 thousands of pirated audiovisual products, books, software and other types of pirated products were confiscated.
New Plant Varieties: By the end of 2011, the province had 184 new plant varieties authorized, ranking 9th throughout the country, and the forestry sections declared five new plant varieties. The first new plant variety rights infringement case in Hunan had been closed by the examination and hearing of Changsha Municipal Intermediate People's Court, and the owner of the new plant variety right won.
Protection of Geographical Indications: In 2011, 13 geographical indication trademarks were approved to be registered, and the number of province’s geographical indication trademarks amounted up to 52, which was ranked 8th in ownership throughout the country; 9 newly incremented agricultural products got geographical indication protection from the Ministry of Agriculture, the total coming to 32; By the review of the State General Administration of Quality Supervision, Inspection and Quarantine, 4 newly incremented products got geographical indication product protection, the total coming to 26.
Culture Intellectual Property Protection: In 2011, 45 original animation works were created by animation enterprises of our province, and Changsha International Anime Game Show was successfully held. Culture departments not only made special subsidies for the intellectual property protection of key animation products, but also stepped up the crackdown of the animation work infringement, piracy and other illegal activities. 29 projects were listed in the third batch of national intangible cultural heritage project directory. The Provincial Department of Culture launched a series of intangible cultural heritage exhibitions and promotional activities in the province, and held a series of promotional selection activities of Top 10 Counties (Cities) of Hunan Province in the Protection of Intangible Cultural Heritages, Hunan Province Special Contribution Award in the Protection of the Intangible Cultural Heritages, etc.
Drawing Sword Special Action of the Public Security Organs: Since October of 2010, the province's public security organs had launched a one-year Drawing Sword special action of fighting against intellectual property rights infringement and the manufacturing and marketing of fake and inferior commodities in accordance with the work plans of the Ministry of Public Security. By the end of November 30, 2011, the province's public security organs had uncovered 1,396 criminal cases of intellectual property rights infringement and the manufacturing and marketing of fake and inferior commodities (including 310 cases with involved value of more than 1 million yuan and 78 cases of more than 5 million yuan), the total values involved amounted to 2,097.56 million yuan, 2,096 suspects were catched and 1,072 were arrested, 2,539 production dens of manufacturing infringing and shoddy goods were destroyed, 522 criminal gangs of wholesaling infringing and shoddy goods were smashed, 21 service websites of providing online watch, downloads of pirated software and the like were knocked out.
IPR Customs Protection: At the beginning of the year, Changsha Customs infringing articles mass destruction activity was held, more than 8,000 pieces of infringing goods and articles seized in recent years were mass destroyed. Strong measures were always taken to fight against various types of importation & exportation infringements, the intellectual property rights customs protection situation inside customs areas was good in recent years, illegal acts of infringement in import or export process had been effectively supressed.
Judicial Protection of IPR: The province’s courts newly accepted and concluded 1,059 and 1,000 IP first instance civil cases respectively, each increasing by 80.4% and 83.2% in year. IP first instance civil cases exceeded one thousand for the first time. 122 and 102 IP second instance civil cases were newly accepted and concluded respectively, each increasing by 76.8% and 47.8% in year.
Among the newly accepted first instance cases, there were 108 patent cases, 229 trademark and unfair competition cases, 699 copyright cases, 2 cases of new plant varieties, 2 trade secrets cases, 12 cases of technology contracts, and 7 cases of other intellectual property rights. A number of cases of high social concerns, including infringement of Lafite wine trademark exclusive right and unfair competition cases, were heard. Guidance of the Hunan Provincial Higher People's Court on the Trial of Internet Copyright Infringement Cases was issued, solving the practice problems of copyright cases in the subject of right, litigation evidence and amount of jury awards to a certain extent. Guidance and coordination were made for the Changsha County Court, Changsha City (County) arbitration committee to establish a mechanism of docking with the Alternative Dispute Resolution (ADR) system of Changsha Economic and Technological Development Zone, effectively realizing the docking of litigation and Alternative Dispute Resolution. The provincial High Court signed an IPR Judicial Protection Cooperation Memorandum with the Provincial Association for Science and Technology, 13 science and technology consulting experts from the field of materials, agriculture, mechanics, pharmacology, information and communication, computer, architecture were hired to provide intellectual supports for the technical facts investigation of intellectual property rights cases. Jointly with the Provincial Department of Justice, the provincial High Court also issued a notice to regulate more than 20 problems such as preservation and identification of notarized intellectual property information evidences.