Intellectual Property Development of Wuhan in by jennyyingdi

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									                  Intellectual Property Development

                            of Wuhan in 2011



     The year 2011 is the starting year of the Twelfth Five-Year Plan

period and the beginning year when Outline of Wuhan Intellectual

Property Strategy (Year 2011-2020) is implemented. Centering on

accelerating the transformation of the pattern of economic development

and industrial restructuring, the whole city strives to carry out the

intellectual property strategy. According to the policy of “to encourage

creation, to use effectively, to protect by law, and to manage

scientifically”, our city promotes the work regarding intellectual property

strongly, contributing to speeding up the construction of the East Lake

national self-innovative demonstration area and the experimental zone of

comprehensive coordinated reforms in “two type society”.

Ⅰ.Promulgation and Implementation of Wuhan Intellectual Property
Strategy
     A new round of intellectual property strategy has been enacted. In

February, Outline of Wuhan Intellectual Property Strategy (Year

2011-2020) was issued by the municipal government. It is a new round of

Strategy Outline enacted by the municipal government after the

government taking the lead to enacting Outline of Wuhan Intellectual

Property Strategy (2005-2010) nationwide in December of 2004, making

Wuhan the first city to implement the new round of Strategy Outline
throughout the country. According to Strategy Outline, which has turned

into the programmatic document guiding the intellectual property work in

our city in the following 10 years, we will build our city into a city

powerful in intellectual property by 2020. To ensure the steady promotion

of the implementation of the strategy, the leading group office regarding

the municipal intellectual property work printed and distributed Notice

about Studying, Propagandizing, and Implementing “Outline of Wuhan

Intellectual Property Strategy (Year 2011-2020)” Earnestly and Task

Division of “Outline of Wuhan Intellectual Property Strategy (Year

2011-2020)”.

    The Twelfth Five-Year Planning of Wuhan Intellectual Property has

been drawn up. The municipal government attaches such great

importance to the intellectual property work that the government brings it

into the overall planning of economic and social development of Wuhan.

According to the deploy of the municipal government, Municipal

Intellectual Property Office took the lead to organize the department

concerned to accomplish the formation of Planning. General office of the

municipal government republished Planning.

    Wuhan intellectual property working conference was held. On the

20th of April, the municipal government held Wuhan intellectual property

working conference where the government put forward to penetrate to the

implementation of intellectual property strategy and speed up the
construction of a city powerful in intellectual property. Besides

comprehensive summing up the intellectual property work of the

Eleventh Five-Year Plan period, the meeting planned the new solutions of

implementing intellectual property strategy and building a city powerful

in intellectual property during the Twelfth Five-Year Plan period

scientifically; the meeting commended advanced collectives, advanced

individuals in Wuhan intellectual property work and units who had been

awarded the year 2010 invention patent prize of Wuhan ceremoniously;

the meeting researched and deployed the intellectual property work of

2011. Member of Standing Committee of Municipal Committee, the

Deputy Mayor Yue Yong attended the meeting and made an important

speech.

    The construction of the East Lake national self-innovative

demonstration area has been promoted. The intellectual property work

leading group of East Lake High-tech Development Zone has been set up

and the intellectual property working conference of East Lake High-tech

Development Zone was held. Certain Opinions about Strengthening

Intellectual Property Work of Administration Committee in East Lake

New Technology Development Zone has been introduced, which makes

the support measures of East Lake High-tech Development Zone

concerning application for patent, pledge of patent, assignment of patent,

initiation of standard and service of intellectual property clear. An
intellectual property colloquium attended by Municipal Bureau of

Intellectual Property and center group of East Lake High-tech

Development Zone was convened. The 9th Optics Valley of China

intellectual property protection forum was also successfully launched.

The patent application quantity of the enterprise and public institutions of

East Lake Development Zone all over the year achieved 7198, increasing

by 78.43﹪. Among them, the application quantity of invention patent

reached 3253 while the quantity of enterprise patent reached 4344.

Ⅱ.Management of Intellectual Property

   A. Patent management and enterprise service
     Structure and quality of patent application has been optimized. In

2011, the patent application quantity all over the city was 21880,

increasing by 45﹪; the patent of invention application quantity was 6326,

increasing by 37﹪; the number of grant of patent right of invention was

2585; the number of valid patent of invention was 7426 and every 10

thousand people own 7.6 patents of invention.

     The developing project of enterprise intellectual property has been

implemented. In 2011, Municipal Intellectual Property Office, uniting

with 6 other departments including Municipal Development and Reform

Commission, Municipal Economy and Informatization Committee,

Municipal Bureau of Finance and so on, implemented the development

project of enterprise intellectual property and offered funds and rewards
to the enterprises evaluated to be advantaged in intellectual property. The

Invention Project towards the enterprises all over Wuhan was organized

to carry out and 30 high-tech enterprises who had never applied for patent

were guided to apply for patent. The trusteeship project of enterprises

intellectual property has also been actively carried forward. The

experimental unit project of circuit examination towards the substantive

examination of patent for invention continued. Patent Technical Transfer

and Patent Docking Project between Enterprises and Schools were

implemented and 25 projects of assignment were accomplished. The

evaluation for patent award of China was elaborately organized and four

projects won Award of Excellence. The evaluation of patent for industrial

design award of Wuhan was also organized.

     Wuhan competed for pilot demonstration projects of national

intellectual property. East Lake High-tech Development Zone was ratified

to implement Intellectual Property Strategy Project of National Small and

Medium-sized Enterprises jointly carried out by State Intellectual

Property Office and National Ministry of Industry and Informatization;

15 enterprises of Wuhan were ratified to be the forth National Enterprises

and Public Institutions for Intellectual Property Pilot Work; Wuhan was

ratified by State Intellectual Property Office to be Pilot City of Pledge

and Financing of Intellectual Property and Pilot City of Evaluation of

Intellectual Property.
     Loan work of pledge of patent right has been promoted. Municipal

Intellectual Property Office, uniting with municipal bureau of finance and

parts of commercial banks, investigated the loan demands through pledge

of intellectual property of small and medium-sized enterprises in Wuhan

and organized commercial banks, such as Hankou Bank and Wuhan Rural

Commercial Bank, to offer docking services to relevant enterprises.

Financing Strategic Cooperation Agreement for Pledge of Intellectual

Property was signed with Hankou Bank. In 2011, 7 commercial banks,

including Bank of Communications, China Citic Bank, Guangdong

Development     Bank,    China    Merchants     Bank,    Shanghai    Pudong

Development Bank, Hankou Bank, Wuhan Rural Commercial Bank,

provided small and medium-sized enterprises in Wuhan 35 loans of

pledge of intellectual property together with the credit of 603.2 million

RMB and the practical loans of 425.2 million RMB. In the year 2011,

Municipal Intellectual Property Office offered 1.27 million RMB as loan

interest subsidy of intellectual property pledge to 12 qualified enterprises.

     Service to enterprises in the High-tech Development Zone has been

strengthened. Wuhan fought for the settle-down of state intellectual

property patent examination coordination center in East Lake High-tech

Development Zone, which played the role of the practice base of patent

examiner from State Intellectual Property Office. 44 examiners from

departments like Communication Invention Examination Department and
Patent Re-examination Board in State Intellectual Property Office were

invited to make surveys in about 20 enterprises like FiberHome

Technologies and China Metallurgical South Group. The loan work of

intellectual property pledge in East Lake Development Zone was carried

forward and 5 banks, such as China Citic Bank, Bank of Communications,

and so on, signed loan agreement of 270million RMB with 20 (second)

small and medium-sized enterprises of science and technology in East

Lake High-tech Development Zone with the actual loan of 200 million

RMB.

    Patent information service has been enhanced. In 2011, 12

professional patent databases were built by applying patent information

retrieval and statistic analysis system software for 12 enterprises,

including China Metallurgical South Group and Wuhan Iron and Steel

Group. In addition, analytical investigation of patent early warning was

launched in several fields of technology like trolly car and mine safety.

Potential intellectual property risk of those fields of technology was put

forward from the perspective of crisis management, which played a

relatively good role in providing guidance and early warning for the

relevant enterprises in determining research direction of technology and

exploring international market.

   B. Administration of trademarks
   The system of administration policy of trademarks has been
completed. Municipal government printed and distributed Suggestion

about Accelerating the Implementation of Trademark Strategy in Order to

Promote the Spanning Development of Economy by Municipal

Government (Wuhan Gov. (2011) No.74), in which the implementation of

trademark strategy was brought into the target evaluation system of

district-level governments. On the 11th of November, working conference

on accelerating the implementation of trademark strategy was held in

Wuhan. Enterprises which have the 2010 newly identified well-known

trademark of China and famous trademark of Wuhan were commended

and awarded plaque. Deputy Director of the State Administration of

Industry and Commerce Fu Shuangjian and Mayor Tang liangzhi offered

plaque for those commended enterprises. Hubei Tiange New Energy

Co.Ltd, Jianghan Petroleum Drill Bits Incorporated Company, and Hubei

Fuhan Wood Industry Co.Ltd who won the well-know trademark

identification in 2010 was awarded 1 million RMB respectively. 74

enterprises were identified to have famous trademark of Wuhan and was

awarded 50 thousand RMB respectively by the government. According to

the conference, two levels of leading group, that is the municipal and the

district level, would be set up to implement trademark strategy.

Registration of trademark of manufacture, service industry, agricultural

products, culture and international trademark would be raised in order to

create regional trademark brand base. By the end of the Twelfth
Five-Year Plan period, the total amount of registered trademark all over

the city would have reached 100 thousand; the amount of collective and

certification marks of geographic indications would have reached 20; the

number of famous municipal trademarks would have arrived at 800; the

number of famous provincial trademarks would have arrived at 500; the

quantity of well-known trademarks would have reached 80. In order to

reach the goal, Wuhan has already introduced series of supportive

policies: to increase finance investment; brought into the prior list of

government procurement; to provide preferential support in aspects of

establishing technology center, technology innovation, and technology

import of national and provincial enterprises; to encourage banks to offer

loan of pledge of exclusive right to use trademark and also offer interest

subsidy; to disposably award enterprises which have acquired the

identification of well-known trademark of China, famous provincial

trademark, and famous municipal trademark 1 million, 100 thousand, and

50 thousand RMB respectively and to disposably give organizations

which have obtained the registration of geographic indications trademark

200 thousand RMB as rewards.

    Administrative guidance service has been strengthened. Municipal

bureau of industry and commerce actively carried out the system of

handing out Three Books and A Card and visiting key enterprises

thoroughly to extend industrial and commercial service chain effectively.
Market entity was guided to apply for registration trademark, to reinforce

the administration of the use of trademark, to compete for well-known

and famous trademark. By the end of 2011, the number of valid

registration of trademark all over the city had amounted to 55.085

thousand.

     The identification of the 2011 famous municipal trademark was

developed. In May, municipal bureau of industry and commerce

organized the identification of the 2011 famous municipal trademark and

identified 206 famous municipal trademarks of the year 2011 in total.

     Enterprises were recommended to take part in the identification of

famous provincial trademark. Municipal bureau of industry and

commerce totally recommended 97 enterprises, for example, Hubei Zhou

heiya Food Co.Ltd, to apply for the identification of famous provincial

trademark and recommended 19 enterprises, for example, Wuhan Iron

and Steel (Group) Corporation, to apply for demonstrative enterprises of

provincial trademark strategy implementation and to establish contact

point.

     Enterprises were directed to compete for well-known trademark. In

2011, 7 trademarks were identified to be well-known trademarks of China,

including “Device of Two Tigers”, “武汉东湖宾馆”,“周黑鸭 ZHOU

HEI YA and the device”,“玛丽”,“太和”,“杰士邦”,and “天

龙”, the amount of newly identified well-known trademarks was about
half of the total number over the years. Among those, “周黑鸭 ZHOU

HEI    YA and the device” was the first well-known trademark of

agricultural products processing brand in Hubei province. At present,

well-known trademarks in Wuhan has reached 22.

      Trademarks were used to make peasants rich. Municipal bureau of

industry and commerce took the development of trademark registration of

specialized agricultural products and the protection of geographic

indications as the entry point of providing service for “three rural”.

Farmer cooperatives and specialized cooperative organizations were

encouraged to register trademark; at the same time trademark

development of unique agricultural products was paid attention to and the

specialized agriculture was strongly promoted to develop in a branding,

industrialization, and cluster way. In 2011, 2, that is Huangpi Asparagus

and Radish of Maidi Bay were added. In addition, 3 applications for

geographic indications, including Zhang’s Fish Noodle, Shu’an Jiantou,

and Wangji Chicken Soup, has been received. 5 other applications for

geographic indications, for example, Huangpi Jingmi, were preparing for

application materials according to the requirements. The policy of using

trademark to enrich peasants has already begun to show up effects.

   C. Copyright management
      The registration quantity of copyright works has been promoted.

2532 copyright works of varies kinds of software were registered all over
the year in Wuhan and 820 other works were registered for copyright,

increasing by 54.6﹪ and 33.6﹪ respectively; 202 copyright trade

contracts were registered, reflecting the reality that right consciousness of

affirmation and protection of social units and the public has been raised

obviously.

     The genuine work for software of government agencies has been

carried forward entirely. The genuine work for software of government

agencies of the municipal and district level has been organized seriously.

Departments of municipal government and every district government

actively carried out the statistics of self-examination towards use of

software and 44519 computers of the government agencies all over the

city were self- examined and re-examined. At present, governments of the

municipal and district level are actively launching the procurement of

genuine software. The municipal government agencies procure the

genuine software in the way of centralized procurement by government,

capital settlement by department, and moderate subsidy by finance.

Procurement office of municipal people’s government organized 35

enterprises to bid openly for the genuine software needed by every

department of municipal government. On the 27th of October, bid opening

and evaluation were held. Each district people’s government and several

municipal government agencies are operating the self-procurement of

software. Parts of district and departments directly subordinate to the city
have already accomplished the procurement and installment of genuine

software with the total procurement amount of 1687 pieces of genuine

software and the payment amount of more than1 million RMB.

Government of the municipal and district level will better strengthen the

genuine work of software and the rectification work of procurement to

make the genuine software installed and replaced in time.

     Besides doing the genuine work for software of government

agencies seriously, the genuine work for software of enterprises in our

city has also been actively launched according to the united arrangement

of provincial copyright administration. By dealing with complaint case of

software infringement, the software authorization of a batch of enterprises,

for example, Hubei Traffic Planning and Design Institution, was impelled.

More than 260 pieces of varies of genuine software were purchased and

2.8 million RMB of procurement capital was paid. At the same time, the

promotion of the genuine work for software of key enterprises was paid

attention to continuously. The rectification of the genuine work for

software of a batch of key enterprises like Wuhan Rural Commercial

Bank has made progress. Till the end of the year, about 3000 pieces of

varies of genuine software has been purchased altogether and more than 2

million RMB of procurement capital was paid.

     Protection and service for copyright has been deepened. In

accordance with Huanghe Talent Plan made by Organization Department
of Municipal Committee, Municipal Copyright Administration worked

out Measures about Subsidy of Copyright Registration for Works and

Computer Software Gained by Selected People of “Huanghe Talent Plan”

and announced it to the public. More than 60 varied kinds of affairs

consultations about copyright registration, copyright assignment, and

copyright protection from relevant units and individuals were accepted all

over the year and all of them were provided with serious answers and

reply.

   D. Standard and geographic indications
     Subsidies and rewards for the development of standard have been

organized to implement. According to the rule of Implementation

Measures about Subsidies and Rewards Offered to the Development of

Standard in Wuhan, Municipal Bureau of Quality and Technical

Supervision provided subsidies and rewards for projects in which

international standard, national standard, industrial standard, and local

standard had been developed by enterprises and public institutions of our

city in recent years. Municipal government held a conference where 2.79

million RMB as subsidies and rewards of the development of standard

was awarded to the declaratory 48 standard making and revision projects

(80 standards). Municipal Bureau of Quality and Technical Supervision

actively supported the construction of East Lake National Self-innovation

Demonstration Area. It also actively organized, coordinated with, and
guided relevant enterprises and public institutions of the development

zone to manage and accomplish the formulation of more than 30 items of

international, national and industrial standard. Working objective of the

end of the year was accomplished successfully.

      Protection of geographic indications has been enhanced. Brand of

agricultural products was protected with efforts, and the cultivation,

declaration, and protection of geographic indications products was

reinforced   continuously.   In    December,     expert   group     of     State

Administration for Quality Supervision and Inspection and Quarantine

came to Wuhan specially. 2 items of products, including Huangpi Jingmi

and Hannan Sweet Corn, protected by geographic indications passed the

expert   examination   smoothly.    State   Administration    for        Quality

Supervision and Inspection and Quarantine has already issued a formal

announcement to formally ratify the realization of offering protection for

geographic indications products to the above two products. The number

of Products protected by geographic indications of our city would rise to

8.

     E. Intellectual property management of commerce and trade
      The intellectual property management and protection level in the

field of service outsourcing has been improved. Municipal Bureau of

Commercial Affairs made supplement to the municipal policy of

supporting the development of service outsourcing industry and printed
Notice of Related Items about Providing Further Support to the

Development of Service Outsourcing Industry by Wuhan Bureau of

Commercial Affairs and Wuhan Bureau of Finance. And the specialized

fund was raised from 10 million RMB to 30 million RMB by the

ratification of municipal people’s government. In recent years, service

outsourcing enterprises of Wuhan have increased the research and

development investment of fundamental technology, built highly

qualified research and development team, improved intellectual property

self-innovation ability largely. The quantity of software copyright and

patent application in service outsourcing enterprises increased sharply. By

the end of 2011, the number of application for patent and software

copyright registration had added up to 244 pieces and 13 service

outsourcing enterprises of advanced technology had already won the

identification.

Ⅲ. Intellectual Property Protection

   A. Double Fighting special action mainly including fighting
   against intellectual property infringement and fake and shoddy
   goods producing and marketing
     National, provincial, and municipal deployment has been actively

implemented. Related departments were organized repeatedly to take

Double Fighting united law enforcement action and multiple major cases

were cracked. Each law-enforcing department all over the city dispatched

73995 law enforcement officials jointly, inspected 193634 establishments,
investigated 691942 suspected illegal goods, and destroyed 258 dens;

1644 cases were put on record, among which criminal cases arrived at

130 and 175 criminal suspects for criminal detention were seized with

230 million RMB involved. Double Fighting special action inspecting

group made up of officials from the State Council and Hubei Province

highly appreciated the achievement acquired by Wuhan Double Fighting

special action. Municipal Intellectual Property Office was rated by State

Intellectual Property Office as Double Fighting special action advanced

collective. At the same time, Municipal Intellectual Property Office,

uniting with Municipal Industrial and Commercial Administration,

Copyright Office, Drug Administration, Quality Supervision Bureau,

Public Security Bureau, Municipal Procuratorate, and Municipal

Intermediate People’s Court, printed and distributed Suggestion about

Establishing   Cooperation     Mechanism      Between     Administrative

Enforcement of Law and Criminal Justice for Intellectual Proper

Protection to construct long-acting mechanism of Double Fighting.

    Infringement cases was strictly investigated by Municipal Industrial

and Commercial Administration and the amount of fine and confiscation

and economy loss retrieved for consumers both exceeded 1 million RMB.

The industrial and commercial system all over the city investigated 499

cases of producing and selling fake and shoddy goods jointly with fine

and confiscation of more than 4.08 million RMB.
     Municipal copyright office combined the work of fighting against

infringement piracy closely with the work of eliminating pornography

and illegal publications. It organized municipal and district news

publishing departments to take Double Fighting special action focusing

on the window section and school surrounding area where the problem of

selling illegal publications occurs easily. 8835 law enforcement officials

were dispatched altogether and 11533 operating agencies were inspected

and more than 180 thousand volumes of illegal publications were

escheated including 21.578 thousand volumes of illegal books, 158.252

thousand discs of illegal audio and video products, and 170 shares of

electronic publications. 101 unlicensed operating stalls were banned.

     The case in which Wuhan Ankang Piston Ring Co.Ltd produced fake

piston ring of well-known brand in China and abroad investigated by

Municipal Bureau of Quality Supervision was broadcasted by CCTV and

rated as the first case of Ten Important Cases in national quality

supervision Double Fighting action by General Administration of Quality

Supervision. Since Double Fighting, Municipal Administration of Quality

Supervision altogether investigated 627 right defending cases against fake

and the amount of fine reached more than 11.06 million RMB.

     Municipal Bureau of Public Security carried out the special action of

Drawing Sword. 244 criminal cases of intellectual property infringement

were cracked; 296 criminal suspects for criminal detention were seized
and 247 were arrested; 45 gangs that produced and sold fake were

destroyed and 291 dens were devastated; 32 escaped criminals were

pursued and arrested with the pursuit evasion rate of 100﹪. Fake and

shoddy goods whose market value will be 318 million RMB if they are

real ones were escheated. Among those, the breaking of multiple

important and extraordinary serious cases involving the people’s

livelihood was highly appreciated by leaders of central, provincial, and

municipal government. The 0226 Extraordinary Serious Quack Medicine

Producing and Marketing Case was rated as one of the ten typical cases in

national Drawing Sword action by Ministry of Public Security. Ministry

of Public Security specially sent messages of congratulations to offer

encouragement.

    Municipal Food and Drug Administration strictly investigated and

deal with varies of torts in the fields of drug and medicine equipment

according to law and severly cracked down illegal and ciminal activities

including producing and selling fake and shoddy drug and medicine

equipment. Since the special action, altogether 21.4 thousand law

enforcement officials have been dispatched and 1122 pieces of illegal and

infraction cases of varies kinds have been settled. A batch of major cases

of producing and selling fake and shoddy drug, for example the case of

gang processing and online sales of fake drug commited by the gang

including Peng Zhiguo, was investigated and dealt with accoding to law.
     Municipal Bureau of Commercial Affairs reinforced the fighting

work against fake and shoddy goods in liquor market and strengthened

the protection of well-known liquor brand. Altogether 2454 law

enforcement officials were dispatched, 4481 alcohol manage doors were

inspected, and 249 volumes of Notice for Rectification within a Definite

Time were released; 3472 bottles of fake alcohol were escheated and total

value involved in the case arrived at 730 thousand RMB; 128 cases were

registered, investigated, and dealt with.

     Wuhan Customs ferreted out 19 suspected infringement cases and

the total value involved in the case was about 330 thousand RMB.

Among those, one infringement case was discovered at the freight

channel and 224 air intake filters that infringe the trademark right of

“VOLVO” were found. In the case, the value involved was about 70

thousand RMB. 18 suspected infringement cases were discovered at the

post channel and 26483 suspected infringement articles were found. The

value of the articles was 252.6 thousand RMB.

   B. Administration protection of intellectual property
     Municipal Intellectual Property Office reinforced administrative

enforcement of law for patent. The amount of law enforcement officials

dispatched, the frequency of inspection, and the number of cases

investigated all reached the top over the years. Altogether 31 patent

dispute cases (including 20 cases of last year) were registered and dealt
with all over the year. Among those, 17 cases were closed. 31 cases of

passing off patent were registered and investigated and 23 cases were

closed with the punctual closing rate of 100﹪. Municipal Intellectual

Property Office signed assignment agreement about administrative

enforcement of law for patent with patent management departments of

Qiaokou, Qingshan, and Huangpi districts respectively. Every district was

asked to develop administrative enforcement of law for patent alone,

which realized the moving forward of the port of enforcement of law for

patent and the moving down of the core of enforcement of law for patent.

Municipal Intellectual Property Office had the function of coordination

mechanism and deal with report and complaint and application for right

aid of intellectual property efficiently. In 2011, altogether more than 600

times of report, complaint, and consultation from the public and

intellectual property obligee were received through 12330 phone call,

Internet, letter, and visiting. Among those, 61 effective intellectual

property reports and complaints were received and delivered and 41 were

closed and answered with the punctual closing rate of 100﹪. According

to statistics of sample survey, the satisfaction degree of applicant for right

aid towards the work of Wuhan Center reached 100﹪.

     Municipal industrial and commercial administration investigated

infringement cases strictly and the amount of fine and confiscation and

economy loss retrieved for consumers both exceeded 1 million RMB. The
industrial and commercial system all over the city investigated 499 cases

of producing and selling fake and shoddy goods jointly with fine and

confiscation of more than 4.08 million RMB.

     Municipal Copyright Office accepted and investigated pirate

infringement cases. 12 infringement complaint cases of books, software,

and the Internet were accepted all over the year. By the way of dealing by

itself and dealing by others, 11 cases were inspected and settled.

Administrative decisions including warning, infringement stopping order,

and administrative penalty were made respectively and one case is being

dealt with. The submitted and identification work of related publications

was done seriously and altogether 427 kinds of books were identified all

over the year. Among those, 75 kinds were illegal publications and 14

pieces of expertise report were issued.

     Municipal Bureau of Public Security strengthened its fighting

against intellectual property infringement crimes. It paid attention to the

innovation and development of the method and approach of fighting.

Cluster, intelligence, and surrounding and annihilating fighting adopted

remarkable results. More than 10 important cases which had significant

impact in Hubei or even the whole nation was cracked one after another

and the value involved in those cases was more than 530 million RMB.

Among those, the 2.26 Extraordinary Serious Quack Medicine Producing

and Marketing Case was rated as one of the ten typical cases in national
Drawing Sword action by Ministry of Public Security.

     Municipal Bureau of Culture continued to implement Program of

Law Enforcement Activities Specialized in Intellectual Property

Protection of Culture All over the City. Comprehensive law enforcement

division of cultural market in Wuhan was set up and it is in charge of

comprehensive law enforcement of intellectual property in cultural

market specially. The division altogether dispatched 933 law enforcement

officials yearly and inspected 1209 Internet bars. More than 100 sites

where illegal operations existed were investigated and treated with fine of

more than 400 thousand RMB.

     Cultural market administrative departments of municipal and district

level intensified its management towards the operation of public place of

entertainment. Content management and service system of karaoke was

installed in more than 30 public places of entertainment. Notice about

Popularizing the Use of Legal Audio and Video System to Further Purify

Internet Bar Market was printed and distributed and legal audio and

video system was popularized to be used in Internet bars in the whole city.

A batch of cases of suspected pirate audio and video products, including

“case in which Wu was a suspect of pirate audio and video products”,

“case in which Li and Wang sold pirate audio and video products”, and

“case in which Jiyou Net took the liberty to be occupied in the Internet

culture operating activity and the Internet audio-visual service activity
without permission” supervised and handled by Ministry of Culture were

cracked.

     Municipal Bureau of Commercial Affairs reinforced the intellectual

property protection of exhibitions and conscientiously implemented the

regulations of intellectual property protection for exhibitions. It insisted

conducting an exhibition according to law, normalized intellectual

property market order of exhibitions, and intensified the intellectual

property protection consciousness of enterprises. During the period of

attracting investment in exhibitions, enterprises whose behavior infringed

intellectual property were refused to take part in the exhibition. At the

same time, related departments were invited to enhance the supervision

and deal with the illegal acts. Phenomenon of intellectual property

infringement was not found in varies kinds of exhibitions held throughout

the year.

     Wuhan Customs strengthened its guidance towards individual case

in the process of investigating cases. By process consultation, handling

cases hand in hand, making and releasing legal instrument uniformly, the

quality of conducting intellectual property cases was improved. 31

intellectual property infringement cases were cracked in the export sector

one after another and the value involved in the case was 474.4 thousand

RMB. As a typical case of intellectual property protected by customs, the

cracked case in which the bottle cap of domestic wine of well-known
brand was fringed was selected as one of the ten important cases of

specialized action of Wuhan in which intellectual property infringement

and producing and selling of fake and shoddy goods were fought against.

Obligees including Canon (China) Co.Ltd and Fitful Lop Co.Ltd sent

thank-you note to Wuhan Customs to highly praise the work Wuhan

Customs has done in the field of intellectual property protection.

   C. Judicial protection of intellectual property
     Intellectual property tribunal of Municipal Intermediate People’s

Court hear varies kinds of intellectual property cases according to law.

1435 intellectual property cases of varies kinds were newly received

throughout the year with the total number increasing by 184.2﹪. Among

those, 1425 pieces were first-instance cases of intellectual property; one

piece was second-instance criminal case and the other one was

second-instance administrative case; 8 pieces were second-instance civil

cases. The case closing rate throughout the year achieved 94﹪,increasing

by 10﹪. The conciliation and withdrawal rate reached 78.06﹪ and the

jury rate reached 59﹪. The case closing rate within time limitation, the

punctual filing rate, and the public hearing rate of first and second

instance all arrived at 100﹪. The “three review to unit as one” mode was

motivated to expand further.

     Wuhan East Lake High-tech Development Zone People’s Court was

guided and supported to achieve jurisdiction of intellectual property cases.
The court will hear varies kinds of civil, administrative, and criminal

cases of intellectual property within its jurisdiction according to

procedure regulated by Law of Civil Procedure, Code of Administrative

Procedure, and Code of Criminal Procedure. Intellectual property tribunal

of Jiangan District Court was guided and supported to make new progress.

The court was rated as one of the five national demonstration courts of

primary level in the field of intellectual property trial in 2011. The

infringement case in which Guangzhou Finer Company accused more

than 4 thousand stores on Taobao of selling series of goods violating the

exclusive right of using trademark Finer was firstly completed nationwide.

The case was the first trademark infringement case of the Internet in

Hubei. Its successful completion provided important reference for other

courts nationwide when they deal with cases of the same kind. The court

also focused on the normalization of Internet trade and sent judicial

suggestion letter to Taobao, which won favorable social effects. The case

in which the act of selling pirate audio and video products was accused of

committing the crime of copyright infringement for the first time was

heard. The case in which operators Li and Wang were suspected to sell

pirate audio and video products was discovered by Jianghan District

Bureau of Arts and Sports (Copyright Office) at the end of 2010. In the

case, the circumstances were extraordinary serious, the criminal facts

were clear, and the evidence was reliable and sufficient. In May of 2011
after the hearing of Jianghan District People’s Court, Li was sentenced to

have a three-year set term of imprisonment with forfeit of 65 thousand

RMB; Wang was sentenced to have a three-year set term of imprisonment

with probation of three years and forfeit of 65 thousand. This case was

the first case of Wuhan in which the act of selling pirate audio and video

products was accused of committing the crime of copyright infringement.

     Municipal Procuratorate carefully performed its procuratorial

functions and fight against intellectual property infringement crimes

firmly. Procuratorates throughout the city altogether deal with 113

intellectual property infringement cases to which public security organs

had submitted approval of arrest and 174 people were involved in the

cases; 103 intellectual property infringement cases won approval of arrest

and 154 people were involved in the cases. Among those, 10 cases of

producing and selling fake and shoddy goods crime won approval of

arrest and 30 people were involved in the cases; 11 cases of intellectual

property infringement crime won approval of arrest and 20 people were

involved in the cases; 82 intellectual property infringement cases were

committed illegal operating crime and 104 people were involved in the

cases.

     News ways of solving intellectual property dispute were explored

and intellectual property arbitration was promoted to make new progress.

Wuhan arbitration committee office accepted 8 intellectual property cases
in 2011 and the value of the object reached 2424.4 thousand RMB.

Ⅳ. Propaganda Education and Culture Cultivation of Intellectual

Property

     The propaganda of intellectual property had notable effect. Relevant

departments of municipal intellectual property carried out multitudinous,

rich and colorful news propaganda work towards intellectual property and

had remarkable effects. According to incomplete statistics, Municipal

Intellectual Property Office distributed news dispatches of accumulated

300 pieces or so through varies kinds of communications media

throughout the year. Merely during the period of “specialized action of

fighting against intellectual property infringement and producing and

selling fake and shoddy goods”, there were more than 160 pieces of

propaganda report towards the specialized action from national,

provincial, and municipal media. Municipal Intellectual Property Office

distributed news dispatches of accumulated 100 pieces on China

Intellectual Property Newspaper and about 300 pieces in the government

website, 98 pieces of which were adopted by the website of State

Intellectual Property Office.

     News conference of intellectual property was organized to be held.

Leading Group Office of Municipal Intellectual Property Work, uniting

with municipal external publicity office, and News office of municipal

government, organized to hold news conference twice. White papers of
Intellectual Property Development of Wuhan in 2010 and significant news

like “achievement of specialized action of fighting against intellectual

property infringement and producing and selling fake and shoddy goods

developed in Wuhan” were released. More than 20 news media inside and

outside domestic attended the news conference and they reported in a

wide range. The favorable image of municipal government was

established in the field of its attention paid to intellectual property

protection and the remarkable effects.

     Propaganda of Wuhan intellectual property web portals has been

strengthened. Municipal intellectual property Office made full use of

“Wuhan intellectual property government affairs website” to complete

online coverage of large scale dissertation, including “intellectual

property working conference throughout the city”, propaganda week of

intellectual property”, “patent week”, and “specialized action of fighting

against intellectual property infringement and producing and selling fake

and shoddy goods”. Website portals fully played its important role of

showcase when advertising the intellectual property work of Wuhan.

“Wuhan sub-website” of State Intellectual Property Office website portals

is among the best of 47 sub-websites throughout the country with the

entire quantitative index.

     The activity of propaganda week on “4﹒26” World Intellectual

Property Day has been carried out. During the period of “4﹒26”, every
participating unit of leading group of municipal and district intellectual

property work organized to carry out activities including symposium,

colloquium, lecture, law enforcement and inspection, and enterprise

consultation. The number of varies of propaganda activities added up to

60 and more than 14 thousand people took part in them.

    International forum of intellectual property protection was

conducted. In November, State Intellectual Property Office and Wuhan

People’s Government successfully held the 9 th Optics Valley of China

international forum of intellectual property protection. The forum took

intellectual property protection and transformation of the pattern of

economic development as subject. Experts and scholars from other

countries and regions including the United States, Korea, Japan, and

Taiwan of China were invited to make speeches, making 300

representatives of all walks of life attending the forum benefit a lot.

Deputy Master of State Intellectual Property Office He Hua and other

leaders attended the forum and made a speech.

    Educational training of intellectual property has been carried out.

Municipal Intellectual Property Office united with Organization

Department and Propaganda Department of Municipal Committee and

Municipal Education Bureau and Human Resource and Social Security

Bureau to integrate resource fully, strengthen the linkage among

departments, and unify coordination and cooperation in order to form
joint managing and orderly operating working mechanism of intellectual

property training. Those relevant departments throughout the city

altogether held 20 varies kinds of intellectual property training classes

and more than 3 thousand people took part in the training. More than 5

thousand people took part in intellectual property training offered by

municipal and district party schools and administrative institutes.

Municipal Intellectual Property Office, Wuhan Institute of Intellectual

Property, and Winworld Academy of Huazhong University of Science and

Technology jointly built the first training base for “patent engineer

(attorney)” in the midland.

     The quality-oriented education work of intellectual property towards

elementary and secondary schools has been promoted. Municipal

intellectual property office and municipal education bureau united to

carry out activities in which “advanced collectives of quality-oriented

education of intellectual property towards elementary and secondary

schools, advanced individuals, and excellent students as patent inventors”

were competed for. 50 “pilot schools of quality-oriented education for

intellectual property” throughout the city were guided to carry out

characteristic activities of quality-oriented education for intellectual

property. Special lectures of intellectual property for elementary and

secondary schools were conducted and learning materials and propaganda

boards were compiled and printed. The construction of “education base of
intellectual property for teenagers in Wuhan” was enhanced and circuit

exhibiting activity of “intellectual property’s entry to schools” was

launched. Qiaokou District was supported to establish the second

“education base of intellectual property” and “star teacher studio of

quality-oriented education for intellectual property” in the district. The

quality-oriented education of intellectual property towards elementary

and secondary schools throughout the city has achieved notable results.

   Ⅴ. Development of Qualified Personnel in Intellectual Property
     Municipal Intellectual Property Office united with Municipal

Human Resource and Social Security Bureau and Municipal Statistics

Office to organize “dissertation survey about conditions of intellectual

property talents in Wuhan”. Survey Report of Conditions of Intellectual

Property Talents in Wuhan — — Energetically Train Innovative and

Pioneering Talents of Intellectual Property to Adapt to the Needs of

Accelerating the Transformation of the Pattern of Economic Development

was accomplished and provided for leading group of talents work of

Municipal Committee to make decisions and take as reference.

     Municipal Judicial Bureau reinforced the development of qualified

personnel of law in intellectual property and enriched law talents store of

intellectual property. There were more than 40 intellectual property

lawyers. At the same time, lawyers fully played their role in dealing with

intellectual property cases including patent and trademark right. In 2011,
law firms throughout the city altogether deal with more than 280 pieces

of litigation cases and non-litigation legal affairs of intellectual property,

relating to various aspects including trademark, patent infringement,

copyright protection, and legal consultation of enterprise intellectual

property.

     Colleges and universities including intellectual property research

center of Zhongnan University of Economics and Law, Law School of

Wuhan University, and Law School of Huazhong University of Science

and Technology added professional degree of Master of Business

Administration (intellectual property administration) and the major of

intellectual property for Master’s and Doctor’s degree of law.

     Service for advanced talents of intellectual property has been

intensified. Municipal intellectual property office and municipal

copyright office drew up measures about subsidy of registration for patent

and layout design of integrated circuits and copyright registration for

works and computer software gained by selected people of “huanghe

talent plan” and offered subsidy to selected people.

(英文翻译:杨              璐     英文校对:何家华                    英文校审:焦洪涛)

								
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