文化知识产权保护： 2012年，省人民政府公布第三批省级非物质文化遗产名录和扩展名录共70项，省级“非遗”名录项目累计达220项。文化部门组织开展国家级和省级非物质文化遗产代表性项目保护督查工作，编撰出版《湖南省非物质文化遗产代表性项目代表性传承人》，举办首届湖南省非物质文化遗产（曲艺类）项目传承研讨班，完成《中国非物质文化遗产年鉴2010·湖南卷》整理编写工作。全省各级文化市场稽查机构共出动检查人员37万人次，检查各类文化市场247620家次，责令改正10947家次，办结各类案件5424起，责令停业整顿违法经营场所759 家次，吊销证件3 家。
Report on Intellectual Property Rights Protection of Hunan Province in 2012
In 2012，the intellectual property related departments of the whole Hunan Province，according to the strategic deployment of the Provincial Party Committee and the Provincial Government about the construction of “a new-type industrialized, new-type urbanized, agricultural modernized, information-based, resource-conserving and environment-friendly society” and “Under-Law Hunan, Innovative Hunan, Digital Hunan and Green Hunan”, focused on the intellectual property strategy implementation, further tamped the work-base of intellectual property, strengthened the construction of long-acting work mechanism, pushed forward the joint-action of various al departments, fought strictly against the intellectual property right infringement and counterfeit behavior, promoted the protection level of intellectual property to a great degree, and hence provided a powerful support to the economy and society development of Hunan Province.
1. Focusing on the intellectual property strategy implementation, further tamping the work-base of intellectual property
Improving policies well-matched with laws and regulations. “ Hunan Provincial Patent Regulations” carried into implementation in 2012. The Provincial Party Committee and the Provincial Government printed and distributed “Compendium of Innovative Hunan Construction” to require strengthening the creation, use, management and protection of intellectual property. The Hunan Provincial Intellectual Property Office (HPIPO) printed and distributed “Opinions about strengthening patent administrative law enforcement work”，Jointly printed and distributed with the Provincial Department of Education “Several Opinions about Strengthening Patent Work of Colleges and Universities”, Jointly launched with the Provincial Industrial Zone Construction Leading Subgroup Office “Opinions about Strengthening Provincial Industrial Zone Intellectual Property Working”, Jointly printed and distributed with the Hunan Provincial Economy and Information Committee and the Provincial Bureau of Quality and Technology Supervision “Regulation of Promoting-Work of Hunan Provincial Enterprise Management Standardization of Intellectual Property”, And jointly made a investigation with the Changsha City Center Sub-branch of People's Bank of China, the Provincial Bureau of Banking Regulatory and the Provincial Science and Technology Department to establish “Opinions about Promoting Hunan Provincial Patent Right Pledge-Loan Working”. The Provincial Industry and Commerce Administration Bureau established “Pre-Warning and Emergency-Response Pre-Plan for Major Trademark Infringement Event”, co-subscribed with five other middle provinces “Trademark Protection Cooperation Agreement of Six Middle Provinces”. The Provincial Commerce Department set up “Rules of Intellectual Property Protection for Exhibition”. The Provincial Economy and Information Committee set up “Working Program of Industrial Enterprise Intellectual Property Using-Ability Incubation Project”.
Strengthening Personnel Training and Culturing. The Provincial Intellectual Property Office combined with the Provincial Economy and Information Committee and the Provincial Department of Human Resources and Social Security to jointly implemented “New-Type-Industrialization Patent Personnel Training and Culturing Plan”. The Province Intellectual Property Office issued “Opinions for Hunan Province Patent Agency Service Development” to strengthen patent agency mechanism management and patent attorney procession construction. Relied on the Intellectual Property Training Base of Hunan University, The Intellectual Property Research Institute of Central South University, and Intellectual Property Institute of Xiangtan University to train various kinds of intellectual property personnel, and helped 14 cities and prefectures in the whole province to hold 22 classes of enterprise intellectual property training courses. Among them, 5 persons were selected as nationwide patent information leading personnel and teaching personnel in the first batch, and 3 persons were selected as state intellectual property leading personnel.
Improving enterprise comprehensive capacities. Provincial finance arranged various kinds of special funds to selectively cultivate more than 50 IPR-advantageous enterprises, subsidized about 20,000 granted patents, and selected 21 small and medium-sized enterprises into the strategic emerging industrial intellectual property pushing forward plan. The enterprise management standardization working of intellectual property throughout the province was spread out. The Provincial Economy and Information Committee selected 50 enterprises to accept the training course of intellectual property using-ability cultivation working pilot which was organized by the State Ministry of Industry and Information Technology. The Provincial Industry and Commerce Administration Department contacted well-matched enterprises for trademark service, and help to guide these enterprises to perfect their trademark working system. The State-owned Assets Supervision and Administration Commission of Hunan Province guided enterprises to establish scientific and technical strategy development plans, and to implement intellectual property strategies. The Provincial Forestry Department perfectly passed the Nationwide Forestry Intellectual Property Pilot in the first batch.
Paying attention to propaganda and guidance of public opinion. The Provincial Government held a working summing-up and deployment conference as a special topic on fighting against intellectual property rights infringement and counterfeit. The Province Intellectual Property Office organized a choose through public appraisal for the most influential “Top Ten People” and “Ten Major Events” in Hunan Province intellectual property career in the past ten years after entering WTO(World Trade Organization); and launched evaluation working of intellectual property strategy implementation in 2009-2011. The Provincial Intellectual Property Office, the Provincial High Court, the Provincial Agriculture Department and the Provincial Trademark Association and so on jointly held propaganda activities such as typical cases issuing meeting, and also the Provincial High Court published White Paper of Report on Hunan Provincial Court Intellectual Property Judicial Protection Status in 2011. The Industry and Commerce Administration System and the Forestry System carried out propaganda respectively based on the topics of “protecting intellectual property and promoting innovation development” and “protecting intellectual property and promoting forestry innovation”. Through the past year, the public security systems in Hunan province held in total 127 press conferences about the working of fighting against intellectual property rights infringement and counterfeit. The Hunan Satellite TV, the Hunan Economic TV, the Hunan Daily as well as the TV stations of 14 cities and prefectures and the Newspapers and Periodicals made a special topic to publicize intellectual property protection.
2. Relevant al departments cooperated and carried out co-administration ， and intellectual property creation and protection working achieved new effects
Patent ： In 2012，the amounts of patent applications and granted patents were 35709 and 23212 respectively，and increased by 21.0% and 44.5% respectively as compared to last year. The amount of valid invention patent owned per ten thousand people is 1.72 in average. The whole province filed 448 PCT applications. Electronic application rate achieved more than 80%. 14 patent items in total received the Fourteenth “China Patent Award”, in which 3 items were gold award. In 2012, The province's patent management departments filed and handled 73 patent infringement cases, in which 45 cases were closed, and investigated and redressed 1314 cases of counterfeit patents, in which 1309 cases were closed, but the rate of cases closed on schedule was 100%. Entered into and stayed in the Seventh EXPO Central China to launch inspection working, and inspected about 800 kinds of commodities. Established the provincial patent administrative law enforcement team, enlarged the administrative law enforcement procession, and trained 520 patent law enforcement officers in the whole year.
Trademark ： In 2012, in the whole province, 35,789 trademarks were applied for registration, in which 19,054 were approved as registered trademarks; 102 pieces were newly identified as Well-Known Trademarks in China. The province had a total amount of Well-Known Trademarks of 267, ranked first in ownership in the Midwest of China, entered into the national Top 8; 705 pieces were newly identified as Hunan provincial famous trademarks, and the total amount of provincial famous trademarks hit 1916. In the whole year, investigated and redressed 1182 cases of trademark infringement and counterfeit.
Copyright ： In 2012, 633 copyrights of various works were registered in the Provincial Copyright Bureau, increased by 68.35% over 2011; 627 copyright contracts were recorded, at an increase of 43.15% by year. Throughout the year, 342 cases of various infringements and piracies were investigated and redressed, and more than 634.8 thousands of pirated audiovisual products, books, software and other types of pirated products were confiscated, 570 thousands of illegal periodicals and 530 thousands of illegal audiovisual products and E-journals were destroyed by melting or burning. Software authorization working was pushed forward with steady steps, all of the provincial government offices achieved the goal of using authorized software, and furthermore, 44 enterprises which were listed in the annual objectives had finished software inspection and rectification.
New Plant Varieties: By the end of 2012，the province had declared 387 new agriculture plant varieties and had 185 new agriculture plant varieties authorized, respectively, and both the two cases ranked respectively twelfth position and tenth position in all the country; and also the judicial organs penalized 1 case of and mediated 2 cases of new plant varieties infringements. Forestry System in the province had 5 new plant varieties authorized, in which for the first time in the country, 4 new oiltea camellia varieties had authorized as new oiltea camellia varieties.
Protection of Geographical Indications: In 2012, 7 geographical indication trademarks of Hunan province were approved to be registered, and the number of province's geographical indication trademarks amounted up to 59, which was ranked 8th in ownership in all the country; The number of agricultural product geographical indication registered products amounted up to 30; By the examination of the State General Administration of Quality Supervision, Inspection and Quarantine, 6 newly incremented products got geographical indication product protection, the total of products coming up to 33.
Culture Intellectual Property Protection: In 2012，the Provincial People's Government promulgated 70 projects in total which were list in the third batch of provincial intangible cultural heritage project directory and extension directory, wherein the number of provincial "intangible cultural heritage directory" projects amounted up to 220 items. Provincial Culture Department organized and launched inspection working of national and provincial intangible cultural heritage representative projects protection; compiled and published “Hunan Province Intangible Cultural Heritage Representative Projects Representative Inheritors”; held the fist seminar of Hunan Province intangible cultural heritage (fascinating stage arts) project inheriting; and completed the classification and compilation working of “China intangible cultural heritage yearbook 2010 · Hunan Volume”. The culture market checking institutions at all levels in the whole province had sent out supervisory personnel for 370,000 person-times in total, inspected various culture markets for 247,620 market-times, charged markets to make rectification for 10947 market-times, closed 5,424 illegal cases of various kinds, charged illegal business places to close business and make rectification for 759 place-times, and revoked business certificates of 3 business places.
Public Security Organs fighting against criminalities of infringing intellectual property ： In 2012， the public security sectors and the economic investigation departments in the province sent out police force for 2960 person-times, jointly launched administrative law enforcement action with the relevant administrative law enforcement departments for 136 times, had uncovered 1326 illegal or criminal cases of infringement and piracy, and examined and verified 1128 clues of network-related cases. Investigate and prosecuted some typical cases such as the case of "1.19" copyright infringement of Wang' gang, the case of a computer system service company in Chenzhou City infringing the copyright of Microsoft（China）Corporation, and so on.
Judicial Protection of IPR: In 2012，the courts in the whole province accepted 34 of intellectual property criminal cases, in which 28 cases were concluded；Accepted 1012 first instance intellectual property civil cases, and 52 second instance cases；A number of typical cases, including LIU, Dahua accused Dongfeng Nissan Passenger Car Corporation for monopoly as the first monopoly dispute case in Hunan Province, the dispute case of Sany Heavy Industry Co., Ltd. accused Ma An Shan City Sany Machinery Co., Ltd. for infringing exclusive right to use trademark and unfair competition, the dispute case of Louis Vutton Malletier accused Hunan Junyi Shanshui Hotel Limited Company for infringing exclusive right to use trademark, were heard. The Provincial Higher People's Court established “Opinions about Providing Judicial Safeguard and Service to Innovative Type Hunan Construction”; guided the YueLu district court, Changsha city, for the first time in all the courts of China, to launch pilot work of judicial confirmation for patent dispute administrative mediation agreement. The Judicial Authentication Institutions in all the province accepted 33 intellectual property authentication cases in total, and attorneys in all the province acted on behalf of the public in 550 intellectual property litigation cases in total.
IPR Customs Protection: The Changsha Custom established and issued the special rectification plan of import and export of counterfeit medicines, foodstuffs and automobile fittings, and initiated the special rectification activity of 4 kinds of important commodities. They seized 46 infringing intellectual property cases in total, in which the number of infringement case-related articles（Goods）were about 30,000 pieces/boxes, and the total value of these cases were 2000 thousands of RMB Yuan.
3. Launched in a deep-going way the work of fighting against infringement and counterfeit, and achieved the transformation from special work to routine work
The Provincial Government printed and distributed “Hunan Provincial Work Implementation Plan of Fighting against Intellectual Property Rights Infringement and the Manufacturing and Marketing of Fake and Inferior Commodities”. The cities and prefectures in the province took an active action, “Two kinds of Fighting (i.e. fighting against intellectual property rights infringement and the manufacturing and marketing of fake and inferior commodities)” working was spread thoroughly out in 122 counties and urban districts of the province. A good working situation of "thoroughly mobilizing, strengthening cooperation, protecting by law, fighting on focus, constructing mechanism, promoting into-depth" was formed. By the end of 2012, the administrative law enforcement departments in the all province had registered 24548 files of infringement counterfeit cases in total, wherein the value relative to these cases exceeded 2 hundred millions of RMB Yuan; the prosecution organizations in the all province supervised the case-filing work of public security organizations for 489 files and 607 people in total; the province's court systems accepted 209 relevant criminal cases in total, in which 175 cases were concluded, hence powerfully attacked the infringement counterfeit behaviors. The Hunan Province got good review in the 2012 annual performance evaluation of “two kinds of fighting (i.e. fighting against intellectual property rights infringement and the manufacturing and marketing of fake and inferior commodities)” work in all the country.
The Industry and Commerce Departments took the case investigation and prosecution as key work of fighting against infringement counterfeit behaviors, as well as registered, investigated and prosecuted 3849 cases of various infringements and counterfeits. The copyright administrative departments in the province organized and carried out special governance for copyright protection and the provincial special rectification action for printing and duplicating business, and held a concentrated destroying activity on infringements piracies and illegal publications. The intellectual property departments in all the province launched a special rectification work of patent right protection, and thoroughly initiated a special action of “convoy”. The agricultural sectors launched actions on fighting against counterfeit in agriculture production materials and special rectification activities on agricultural products quality safety, and retrieved the economic loss of farmers for about 1.18 hundred millions RMB Yuan. The agriculture and forestry departments focused on new plant varieties rights protection, and rectified seed markets and shops for 3346 times. The quality supervision departments launched actions on fighting against counterfeit which were aimed at five fields of foodstuffs, agriculture production materials, construction materials, “black core cotton quilt” and “allocating and transporting coal to guarantee electricity generation”, and the working intensity for investigating and prosecuting major cases ranked first level in all the country. The food and drug supervision departments launched actions on fighting against counterfeit of drugs and a special rectification on market order of herbal medicine materials. The culture departments focused on rectifying audiovisual enterprises, sale points of books and periodicals, postal kiosk sale points, and printing and duplicating enterprises in some key regions, and carried out a unified destroy activity of illegal culture products in all the province. The economic and information departments focused on supervision of the manufacturing and marketing of fake and inferior commodities of industrial enterprises to strengthen supervision and management. The commerce departments launched special actions such as important commodities special rectification in rural markets and promoted the credit construction in commerce and business fields, and investigated and redressed according to law 1069 infringement counterfeit cases. The public security sectors made great efforts to fight against criminalities in those fields of foodstuffs, drugs, agriculture production materials, construction materials, daily chemicals and so on which related to the national economy and the people's livelihood, and jointly established, with relevant administrative law enforcement departments, working mechanisms such as mechanism of perfecting case transferring and sending, mechanism of cooperation and joint-action, etc. The Changsha custom launched a activity of “shield of national gate” to specially rectify the behaviors of import and export of counterfeit drugs, foodstuffs, and automobile fittings.