The Intellectual Property Protection in Hunan Province in 2014
In 2014, in order to thoroughly implemented the spirit of the 18th CPC National Congress, the Third and Forth Plenary Session of the 18th Central Committee of the party, and to promote “The synchronous lifting of total volume, the per capita amount and quality of volume of the economy” and “Four modernizations and Two-oriented society”, the Hunan Province government has vigorously promoted the implementation of intellectual property strategy, cracked down on intellectual property infringement and selling of counterfeit and shoddy goods. The level of intellectual property creation, use, protection, management and the service have enhanced further, the long-term mechanism of the intellectual property work has been continuously consolidated, and the atmosphere of intellectual property protection has been increasingly strong, which provide a solid guarantee for the development of innovation.
I .To Promote the Implementation of Intellectual Property Strategy in Depth
To strengthen the orientation of intellectual property policy. The executive meeting of the provincial government did research on the protection of intellectual property. The General Office has launched Notice of Further Strengthening the Work of Intellectual Property Protection, requesting further on the protection of intellectual property from the following four perspectives, including strengthen the intellectual property protection of scientific and technological innovation activities, of major economic activities, and of key area of Hunan Province, and improve the protection mechanism of intellectual property. Intellectual property coordination and leading group conducted the five year evaluation of the implementation of the intellectual property strategy; launched Opinions on the implementation of intellectual property strategy of cultural industry in Hunan Province and supported in the establishment of intellectual property alliance in culture industry. Provincial Science and Technology Department, Provincial Administration of Industry and Commerce and Provincial Intellectual Property Bureau produced a joint rule named Provisions on the support of registering company with the right of using patents (try out), which made positive effects on the promotion of technical results and the adjustment and upgrading of industrial structural. The Provincial State-owned Assets Supervision and Administration Committee and Provincial Intellectual Property Bureau produced Opinions on further strengthen the inspection work of intellectual property in provincial company, making the supervised enterprises bring patent, trademark and copyright into the content of position management and performance feedback. Provincial Department of Education drafted Opinions on promoting the combination of college study, production and research and transformation of scientific and technological achievements, and made a series of breakthrough policy about protecting the legitimate rights and interests of intellectual property creators. Provincial Department of Finance improved the supportive policy about promoting independent innovation with related departments, making clear requirements that it should be focused on the enterprises and projects which have own intellectual property in the arrangement of special fiscal funds, in order to lead and support the companies to innovate independently. Provincial Quality Supervision Bureau formulated Measures about protecting the geographical indication products in Hunan, perfecting the regulatory process of applying protection of product of geographical indication.
To promote the implementation of Hunan Province Patent Regulation. The Standing Committee of Hunan Provincial People's Congress specially arranged the inspection of the enforcement work of ‘Patent law, the Implementing Rule of Patent Law, and Hunan Province Patent Regulation’. Xie Yong and Liu Lianyu, vice director of the Standing Committee, led their team to Zhuzhou, Yueyang, Yiyang, Changsha, Xiangtan to carry out key inspection and survey reports. The local Communist Party committees, People’s Congress and government have shown close attention, and accomplished the work of patent law enforcement inspection alone with the cooperation of the Intellectual Property Office with all strength. The enforcement inspection group specially held an exchange and conduct meeting during the inspection work, fully affirmed the effect of the patent work of Hunan Province, and gave advice to promote the effective implementation of the Hunan Patents Regulation, including the improvement of security mechanism that help the development of patent law, the strengthen of construction of information platform and the service departments.
Steadily carry out the work of fighting against infringement and counterfeiting. The provincial government promoted the cooperation between the government of province, city and county level to fight against infringement and counterfeiting. Meanwhile the government strengthened the organization and improved the long term mechanism and the crackdown against infringement activities. In the past year, the provincial administrative law enforcement organs totally registered 12913 infringement and counterfeiting cases and the amount of money involved was about 150 million Yuan. 83 cases were transferred to the judicial authority and the amount of money involved was about 27.6 million Yuan. The government also destroyed 73 criminal dens. These achievements provided firm guarantee for the business environment and the protection of people’s lawful rights. The provincial leading group stated clearly in their working plan that the construction of information platform of the “Convergence of the Two Legal Authorities” is one of the key methods to fight against infringement and counterfeiting. The Province Government called together the Provincial Procuratorate, the Provincial Department of finance, and the office in charge of fighting against infringement and counterfeiting, and researched on the construction of information platform of the convergence of the two legal authorities. The approval of the item will be promoted and the special funds for the implementation of the item will be given. The government actively promoted the infringement and counterfeiting cases’ information disclosure, which was highly praised by the State Council and the central ministries and commissions. Li Youzhi, the vice-governor of Hunan Province, made a typical speech on the seventh leading group meeting, discussing the national work of fighting against infringement and counterfeiting.
Steadily improve the effectiveness of protecting the enforcement of intellectual property. The pilot demonstration work of intellectual property protecting markets went on well as well. Four specialized markets, including Wanjiali in Changsha and Wanbolong in Zhuzhou, became the pilots of intellectual property protection markets of national standards. The Provincial Intellectual Property Bureau improved the quality of grassroots patent administrative law enforcement team, and formulated Opinions on increasing the quality of patent administrative cases and The patent administrative enforcement records management system, making sure that the handling process are “zero illegal” and the judgments of case nature are “zero incorrect”. The Provincial Copyright Bureau ran training courses about copyright enforcement across the province in considering of the technical characteristics in internet enforcement. Industiral and commerce departments of different districts at all levels strengthened the cooperation between each other, and effectively integrated the enforcement sources and improved the enforcement usefulness. Provincial Department of Culture ran seven training courses through the whole year, and totally trained more than 400 backbone of law enforcement. Changsha Customs set up hotline to encourage the public to report illegal activities in the course of import and export.
To further promote the assistance work of intellectual property protection. In order to widen the scope of assistance work of intellectual property protection, the protection and assistance divisions throughout the province were added to 10, including the new Hengyang and Xiangxi subsection. The Provincial Protection and Assistance Center set up “Hunan Province Patent Infringement Judgment Consultation Center”, which was intended to take consulting activities to help the city governments and enterprises. The Center offered intellectual property protection work of nearly fifty times to the enterprise and institution, and carry out aid activities in the large-scale exhibition for five times. Changsha government made Measures on Intellectual Property Assistance Management (Interim), Guidelines of Protection of Enterprise intellectual property rights overseas, Guidance of Enterprise Intellectual Property Protection in Overseas Exhibitors and some other guidance documents, encouraging and supporting the companies and rights holders to protect their rights through legal ways and strengthening the regulation and guidance of the rights protection overseas. Zhuzhou government claimed the rewards and support policy about protection and assistance to report complaints, which can give financial support to the poor right holders.
To cultivate the talents of intellectual property. Hunan Provincial Intellectual Property talent development plan was implemented and the construction of intellectual property talent teams was firmly promoted. During the past year, five persons were selected as the national leading talents in intellectual property, patent information talents and 100 high level leaders, which makes 62 persons were selected as national teaching leader in aggregate. Province Administration of Human Resource and social Insurance continuously carried out the title appraisal of patent management engineer profession in the engineering series. Provincial Science and Technology Department organized the training of staff of science and technology enterprise about the enterprise of science and technology policy liaison for two consecutive years, focusing on the management of science and technology and intellectual property, diagnosis and early warning of intellectual property strategy for science and technology enterprises. The Provincial Intellectual Property Bureau held training courses for thirty-nine times through the whole year and the number of trainees was over 5200, strengthen the exchange and cooperation with the European Union, Hong Kong and Macao about intellectual property rights, and successfully holding the Famous Foreign Masters’ Auditorium- the Design System Seminar.Provincial Department of Education continuously invested one million Yuan of special funds in support of the provincial key subject construction in Central South University and Hunan University, as well supporting Xiangtan University to carry out undergraduate cultivation about intellectual property, leading the colleges to open intellectual property elective subjects to those students who are not major in law. Provincial Agriculture Commission and The Provincial Intellectual Property Bureau jointly ran a training course of intellectual property rights about the pesticide production enterprises, and trained more than 100 manager and administrators. The Provincial Forestry Department, together with Academy of Forestry Science, Provincial Forest Botanical Garden, Central South University of Forestry and Technology and the scientific research personnel of enterprise, organized totally about 40 people, attended ‘National Training Course of Protection of Forestry New Varieties of Plants’ and improved the level of creating, claiming and protecting of forestry new varieties of plants. Provincial Industrial and Commerce Bureau held a video conference about the training of new Trademark Law.
Strengthen intellectual property publicity and cultural construction. Intellectual property alliance of culture industry has established in Hunan, and the first session training course of “Intellectual Property Protection and Development of Culture Industry” was successfully held. The provincial leading group of intellectual property drafted “The Protection of Intellectual Property in Hunan Province in 2013”. Provincial Intellectual Property Bureau held the third session of the college intellectual property answer game and the first session of the company intellectual property answer game. It also ran the event about “4.26 Intellectual Property Publicity Week” on the RedNet named “Protect, Apply, and Develop”. Provincial Quality Supervision Bureau held a news conference about the product of newly acquired geographical indication, awarding plaques to the 21 products and 64 companies. Provincial Copyright Bureau cooperate with 24 TV stations of the provincial, city and county levels, broadcast publicity films about copyright protection, in order to deeply popularizing the knowledge of copyright protection. Province Department of Justice organized intellectual property lawyers to held lecture tour among colleges, including special topics as “Innovation of Intellectual Property Legal Services in Cultural Industry” and “Copyright Protection Status and Practice of Cultural industry”, etc.
II . Rising of Both the Number and the Quality of Intellectual Property Rights
Paten t: In 2014, the number of patent application in Hunan Province is 44194, while the number of patent granted is 26637, both increased steadily, respectively 21.24% and 15.14%. By the end of 2014, the number of valid invention patents per 10 thousand people in Hunan Province is about 2.53, which increased by 19.46% compared with the last year. During the sixteenth session of the Chinese Patent Award, patentees of our province won 2 gold awards, 12 honorable awards and 4 awards of design.
Trademark : In 2014, there were totally 161 thousand valid registered trademarks in aggregation, which were increased by 16.16% compared to last year, ranking 12th nationwide. 13 trademarks of geographical indications were newly registered, totally 89 in aggregation; 17 well-known trademarks were newly recognized, totally 336 in aggregation; 94 international trademarks were newly applied according to Madrid Agreement Concerning the International Registration of Marks, totally 274. 8 brands were selected as Chinese greatest 500 brands, ranking 12th nationwide.
Copyright : The number of voluntary registered work during the past year was 2052, increased 70.85% compared with last year. 27 overseas stock rights were kept on record for the company and 284 copyright licensing contracts were checked and registered, which provided firm support for companies to develop business overseas. To accelerate the legitimate of software, 25 companies were enrolled as legitimation plan in our province, which invested 864.7 thousand Yuan in the whole year, and purchased 340 set of legitimate software (including server software).
New varieties of plants : By the end of December of 2014, 220 new plants rights were confirmed in Hunan Province, increased by 33 compared with the end of 2013, ranking 10th nationwide.
Geographical indications : In 2014, 54 kinds of products were given geographical indication protection in Hunan Province, 38 geographical indications of agricultural products as well. 271 companies were authorized to use special marks. The State Bureau of Quality Supervision supported the construction of national geographic logo demonstration areas like Xinhuang and Hanshou. More than 40 provincial standards of geographical indications were made and the secretariat of an international organization for standardization, Fireworks Technology Committee, was located in Liuyang.
Intangible cultural heritage : In 2014, 19 intangible cultural heritages in Hunan Province were included in the national list. Hunan Embroidery Research Institute and Liling Chen Yanglong under Glazed Five Ceramic Art Center were confirmed by the State Ministry of Culture as the second batch of national demonstration bases of intangible cultural heritage product protection. By the end of 2014, there were 118 protection projects and 76 project representative inheritors at national level in Hunan Province, along with 202 protection project and 231 project representative inheritors at provincial level.
III . Remarkable Achievements in Intellectual Property Protection
The administrative protection of intellectual property rights. The divisions of provincial government use kinds of administration measures to enhance the intensity and effectiveness of protection of intellectual property, and make full use of positive role of intellectual property in the development of society and economy.
Administrative protection of patents. Hunan Province has promoted the full use of the administrative law enforcement management information system in order to standardize the law enforcement procedures. The whole province has established the enforcement mechanism that department of different divisions and three levels act jointly. All the Intellectual Property Bureau of the 14 Cities have attended the patent administrative law enforcement cooperation system in Pan Pearl River Delta region and the result of patent administrative enforcement ranking high all over the country. In 2014, patent administrative law enforcement departments investigated 2815 cases in the whole province, increased by 11.2% compared to last year. Mechanism of judicial confirmation of administrative mediation of patent disputes is further promoted, and 11 cases entered the judicial confirmation process during the last year, with 8 of them confirmed.
Administrative protection of trademark. The special actions to protect exclusive rights of trademarks were carried out and the investigation supervision of trademark infringement cases has been strengthened. In 2014, 1192 trademark infringement cases were investigated and 9.2862 million Yuan were confiscated in the whole province. The information of administrative punishment cases was open to the public according to the law. In specific, 7853 pieces of information of administrative punishment cases were open through the publicity system of credit information of national companies (Hunan) and Hunan trade and industry Hongdun information network.
Administrative protection of copyright. The Province Copyright Administration Department carried out the “Sword Net 2014” special action to strengthen the supervision of websites. 32 internet infringement cases were registered, and the case “Tan in Yongzhou is suspected in selling piracy software through internet” was listed in the 10 most famous cases against internet privacy and infringement nationwide. The Copyright Administration Department, The Provincial Network Information Office, the Provincial Public Security Department and the Provincial Communications Authority worked together to supervise the key websites, listing 4 internet operators and 65 news website, audio video website and network marketing platform as key regulatory targets. They organized these companies to supervise and correct illegal activities of copyrights and unload the unauthorized works by themselves. They also checked the legalization of software in 84 county and city government office, and 504 computers were checked.
Administrative protection of new plant variety right. The Department of Agriculture carried out special rectification against the seed market, sampling testing seeds in spring, summer and autumn, ranging seed markets and stores in 14 cities and 14 seed production bases. Nearly 700 seed samples from more than 300 seed merchants were tested and 92% of them were qualified. The Forestry Division carried out the cleaning action to inspect the production of seeds, business certificates, certification of fitness, quarantine certificate and seed labels, guarding the quality of seeds from the very beginning. During afforestation in spring, special actions fighting against the infringements of new plant variety right were carried out, during which 3000 camellia oleifera seedling without certificates were destroyed and 4 seedling production and business units without complete certificates and licenses were investigated.
Administrative protection of products of geographical indication. Targeting protection of products of geographical indication will be carried out every year. During the last four years, special examination about products of geographical indication has launched for more than 200 times in the whole province, and more than 1000 manufacturing enterprises were checked. 29 illegal enterprises were investigated and punished and 92 companies were required to reform. Hunan Province launched united actions battling counterfeits “Liuyang fireworks”. As a result, more than 600 cases were investigated and 87500 boxes of counterfeit “Liuyang fireworks” were seized, which valued about 30 million Yuan.
Customs protection of intellectual property rights. The customs investigated 61 intellectual property cases in 2014, objects involved were more than 130 thousand. The customs strengthened the inspection efforts against the key products, mails and expresses sending to key countries and areas like America and Europe. 100% of the packages were required to be scanned in order to increase the detection rate of suspected infringing goods. A case in which that beach towels infringed the graphic trademark of FIFA were solved and the articles involved in the case were more than 30000 pieces, valuing more than 800 thousand Yuan.
Judicial Protection of Intellectual Property Rights. In 2014, the province's procuratorial organs at all levels strengthen the mechanism of investigation, arrest and prosecution. They enhanced the coordination and cooperation with the police and the public prosecution department in the aspect of early intervention, case discussion and supplementary investigation, and also implement the system of sharing investigation information among arrest and prosecution, and record recintellectual protertyocally, promoting the quality and effectiveness of case handling effectively. The prosecutors accurately grasped the policy and legal standards, and punish infringement and counterfeiting criminals according to law. At the same time, they paid attention to the application of lenient criminal policy in order to resolve social contradictions to maximize. In 2014, the province's procuratorial organs arrested totally 39 people in 25 cases and prosecuted 154 criminals in 89 cases alleging infringement of intellectual property crimes.
The province's courts made full use of s of intellectual property civil, criminal and administration trial, playing a more important role in protecting intellectual property by judicial process. During the past year, the courts in the whole province accepted 2156 intellectual property cases and completed 1721 or 79.82% of them, which increased 1.25% compared to last year. The civil jurisdiction played a leading role in intellectual property protection and 1989 civil cases were accepted. The criminal justice played a role to punish and deter crimes and 115 criminal cases were accepted. The courts also fulfilled the duty to investigate administrative acts and regulate administrative order of intellectual property rights, accepting 52 administrative cases in this field.
The provincial police department intensified the fight against the crimes of intellectual property infringement and the making or selling of counterfeit and shoddy goods. The division economic investigation and public security of police department jointly solved 752 relative criminal cases, arresting 785 people involved and destroying 608 counterfeiting and selling dens. More than 3 million fake and shoddy goods were seized and economy loss of 124 million Yuan was saved. The police united administration departments such as press and publication, industry and commerce, and quality testing, send out more than 2000 policemen. They deeply carried out the mission of “Sword Net 2014” to fight against internet piracy and online fraud, carrying out joint enforcement more than 110 times. As a result, totally 51 illegal infringements and piracy cases were resolved and more than 400 clues were checked.