《2008年天津市知识产权保护状况》摘要(中英文)
发布时间:2010/6/4 17:56:20来源:国家知识产权局分享到

2008年,在市委、市政府的正确领导下,天津市不断加大知识产权保护力度,促进科技与经济发展紧密结合,在服务于建设创新型城市和推进滨海新区开发方面做出了贡献。


一、进一步健全知识产权制度,不断优化知识产权环境
一是高度重视知识产权保护,工作协调机制日趋完善。市政府与国家知识产权局建立了合作会商制度;成立了由31个成员单位组成的知识产权战略领导小组。
二是加快知识产权保护政策法规建设。2008年市政府出台《关于加强政府投入项目专利管理工作实施意见》等政策法规。
三是不断创新知识产权保护执法联动协作机制。市知识产权局与四省市签订了《环渤海区域知识产权局行政执法协作协议》,与市公安局联合发布了《关于印发知识产权保护协作机制的通知》。2008年进驻18个大型展会开展知识产权执法保护。
四是不断推进知识产权文化建设。2008年“4•26”世界知识产权日宣传周期间,市政府发布了《2007年天津市知识产权保护状况》白皮书,市19个委办局共同联合开展了多项宣传活动,大力推广知识产权文化建设。


二、进一步完善知识产权行政保护和服务体系建设
一是积极开展专利权创造和保护工作。2008年,天津市专利申请量达到17,425件。天津市知识产权局联合司法机关积极开展“雷雨”和“天网”专项行动,开展专利执法3次,查处假冒专利行为2件,冒充专利行为8件,检查带专利标记商品3700余件,行政调处专利纠纷16件,专利执法工作稳健有力。
二是商标保护工作成效显著。2008年,天津市新增注册商标 3908件,累计拥有注册商标48,630件。全市共查处商标违法案件317件,罚款金额144.79万元。收缴和消除侵权商标标识5.5万件,没收、销毁侵权商品7.1万件。
三是加强版权管理执法和监管力度,版权管理工作取得显著成绩。市政府成立了天津市推进企业使用正版软件工作领导小组,2008年完成了251个法人单位的软件正版化工作。组织版权执法检查123人次,查处网络侵权案、调处版权纠纷6起,进行著作权法律培训1200余人次。
四是海关知识产权保护卓有成效。2008年,天津海关立案查处进出口侵权货物案件205起,案值271万元,查获侵权货物119万余件。加强知识产权保护国际交流与合作,广泛开展与国际知名企业和知识产权保护中介组织的合作,就共同加强打击侵权行为进行深入合作与交流。
五是大力整顿和规范文化市场秩序。在2008年1月29日和4月20日开展了两次违法音像制品集中销毁行动,共销毁120余万张(盒)。破获了“6•03”非法盗版光盘案,现场缴获盗版光盘30余万张。同时加强了对动漫创作成果的知识产权保护。
六是植物新品种保护工作日益规范严谨。截至2008年,天津市植物新品种累计申请新品种权35项,授权2项。2008年,天津市农业系统积极开展保护植物新品种行政执法工作。
七是积极开展地理标志产品的申报和保护工作。2008年天津市加强对地理标志产品的申报和保护,立足长远,积极作好天津市地理标志产品的培育和储备工作。


三、不断加强刑事打击,加大知识产权司法保护力度
一是公安系统严厉打击知识产权违法犯罪行为。2008年,全市各级经侦机构受理侵犯知识产权案件14起,立案13起,破案11起,抓获犯罪嫌疑人19名。同时,积极协助各行政执法部门开展集中整治行动。
二是知识产权司法保护成效显著。2008年,全市各级法院进一步加大知识产权案件审理工作力度,全年共受理一审知识产权民事案件185件。共受理二审知识产权民事案件48件。全年一审审结190件,二审审结36件。全市法院年内审结的案件中无申请再审案件。
三是检察院加强知识产权保护工作。2008年,天津市各级检察机关将侵犯知识产权犯罪作为检察机关的打击重点,全年共批捕各类涉嫌侵犯知识产权犯罪案件9件22人,审查起诉各类涉嫌侵犯知识产权犯罪案件8件16人。

四、作好奥运知识产权保护工作
天津市作为2008年奥运协办城市,先后制定了《天津市保护奥林匹克标志专有权行动方案》、《天津市保护奥林匹克标志专有权应急方案》等一系列保护奥运知识产权的相关政策。相关部门联合成立了“天津市处理非法转播奥运赛事案件快速反应机制办公室”,联合建立了打击网上侵权盗版活动快速反应机制。在全市范围内进行了3次大规模的保护奥林匹克标志专有权行动,查处了44件侵犯奥林匹克标志专有权案件,开展奥运足球比赛现场版权维权活动12次。天津海关加强了对涉及奥林匹克标志进出口货物的重点监管,全年共查获侵犯奥林匹克标志专有权案件6起,扣留假冒奥运吉祥物、侵权服装、饰品等6182件。第29届奥运会组委会对天津海关保护奥林匹克专有权的有效执法,给予了充分肯定。

Summary of Tianjin’s Intellectual Property Protection in 2008

In 2008, under the correct leadership of the Tianjin Municipal Committee and Government, Tianjin reinforced the protection of intellectual property right, promoted the combination of science, technology and economic development and made contribution to serving the innovative city and propelling the development and opening up of Binhai New Area.

I. Intellectual Property Right System was Further Strengthened, and the Environment of Intellectual Property Right was Constantly Optimized

1. Close Attention to Intellectual Property Right Protection, Gradual Improvement of Working Coordination Mechanism. The Municipal Government and State Intellectual Property Office established the cooperation and consultation system; it also set up the Leader Group Office of Tianjin Intellectual Property Strategy which was made up of 31 member units.
2. In 2008, the Municipal Government issued a series of policies, laws and regulations including Suggestions of Reinforcing Governmental Investment in Project Patent Management.
3. Collaboration Mechanism of Law Enforcement in Intellectual Property Right Protection Was Constantly Innovated. Tianjin Municipal Bureau of Intellectual Property Right signed Collaboration Agreement in Executive Law Enforcement of Intellectual Property Administrations in Bohai Rim Region with three provinces and one municipality. The Municipal Bureau and Municipal Public Security Bureau co-issued Notice of Printing and Distributing the Cooperation Mechanism in Intellectual Property Right Protection. Throughout the whole year, 18 large-scale exhibitions were stationed with the purpose of carrying out IPR protection.
4. Cultural Construction of Intellectual Property Right Was Constantly Propelled. During the Publicity Week of “April 26” World Intellectual Property Right Day in 2008, the Municipal Government issued the white book on The Status of IPR Protection in Tianjin (2007). 19 committees, offices and bureaus of Tianjin Municipality co-organized a number of publicizing activities, vigorously improving the building of IPR culture.

 

II. Building of Administrative Protection and Service System was Further Improved

1. Patent Right Was Actively Created and Protected. The year 2008 saw the number of patent right applications in Tianjin topping 17,425. Tianjin Municipal Bureau of Intellectual Property Right actively carried out special campaigns entitled “Thunder Storm” and “Sky Net”. Patent law enforcement campaigns were carried out three times to check more than 3,700 commodities with patent marking. 2 cases of faked patents and 8 cases of counterfeited patents were investigated and dealt with. 16 IPR cases underwent administrative mediation and arbitration. All these actions showed that law enforcement concerning patent was stable and powerful.
2. Remarkable Effects Were Achieved in Trademark Protection. In 2008, 3,908 trademarks were registered, adding up to a total number of 48,630. In 2008, 317 cases that infringed trademark were investigated and dealt with in Tianjin. The penalty amounted to 1,447,900 Yuan. 55,000 trademarks were collected and eliminated. 71,000 infringing commodities were confiscated and destroyed.
3. Law Enforcement and Supervision over Copyright Management Was Strengthened; Prominent Achievements in Copyright Management Were Attained. Tianjin Municipal Government established a leader group in charge of propelling the use of copyrighted software in Tianjin enterprises. In 2008, 251 corporations began to use copyrighted software. Also in this year, the law enforcement personnel organized amounted to 123 person-times. 6 cases concerning website infringement over copyright were investigated, mediated and settled. Over 1200 person-times took legal training of copyright.
4. Remarkable Achievements were made in Intellectual Property Right Protection by Tianjin Customs. In 2008, altogether 205 cases concerning merchandise that infringed intellectual property right in import and export were investigated and prosecuted with a total amount of 2,710,000 Yuan. More than 1,190,000 items that infringed intellectual property right were ferreted out. Tianjin Customs enhanced international communication and cooperation concerning IPR protection. Besides, cooperation was conducted between Tianjin Customs and international famous enterprises as well as intermediary organizations of intellectual property right protection. And they had in-depth cooperation and communication in affairs concerning collaborative fight against infringement.
5. Strenuous Effort Was Made to Rectify and Regulate the Order of Cultural Market. On January 29th and April 20th, 2008, two campaigns were launched separately to destroy illegal audio and video products, the total number of which topped more than 1,200,000. “June 3rd Case” concerning illegal piratical audio and video tapes was cracked down. As many as 300,000 piratical audio and video tapes were confiscated on the spot. Meanwhile, the protection of the intellectual property right of animation industry products was improved.
6. The Protection Over Plant Varieties Became Increasingly Regulated and Prudent. Until 2008, the total number of new plant varieties right applied in Tianjin amounted to 35, two of which were granted. In 2008, agricultural sector in Tianjin were actively engaged in the administrative law enforcement protecting new plant varieties.
7. Applications and Protection of Geographical Indication Products Were Actively Carried Out. In 2008, Tianjin strengthened the application and protection of geographical indication products; and for long-term development in the future, the Bureau was actively engaged in cultivating and storing geographical products in Tianjin.

III. Criminal Sanctions and Judicial Protection of Intellectual Property Right were Strengthened

1. The Public Security System Took Severe Measures against Illegal and Criminal Activities Involving Intellectual Property Right. In this year, economic investigation departments at all levels in Tianjin accepted and heard 14 infringements of intellectual property right, 13 of which were put on file for investigation and 11 were solved. 19 suspects were captured. At the same time, the public security system in Tianjin also actively assisted other law enforcement departments to carry out mass campaigns.
2. Judicial Protection Achieved Prominent Effect in Intellectual Property Right Protection. Also in that year courts of all levels in Tianjin further reinforced the trial of cases on intellectual property right. Throughout the whole year, courts in Tianjin altogether accepted and heard 185 civil cases of first instance concerning intellectual property right. Courts accepted and heard 48 civil cases of second instance concerning intellectual property right. Within 2008, 190 cases were settled on first instance, while 36 cases were settled of second instance. None of the cases settled in 2008 applied for retrial.
3. The People’s Procuratorate carried out protection of intellectual property right.  In 2008, the Procuratorate at different levels in Tianjin focused on infringements of intellectual property right. Within the whole year, the Procuratorate approved the arrest of 22 suspects involved in 9 cases of intellectual property right infringements, and investigated and prosecuted 8 cases involving 16 persons that were suspected of infringing intellectual property right.


IV. A Good Job was Done in Protecting the Intellectual Property Right of the Olympics

As a co-hosting city of 2008 Beijing Olympic Games, Tianjin worked out a series of policies for the purpose of protecting the Intellectual Property Right concerning the Olympic Games. Emergent Response Mechanism Office of Handling the Illegal Broadcasting of Olympic Events in Tianjin was established by several related municipal departments. An Emergent Response Mechanism was set up to crack down online infringements and piracy. Three large-scale campaigns were carried out in Tianjin to protect exclusive right of the Olympic Symbols, during which 44 cases that infringed the exclusive right of the Olympic symbols were investigated and handled. 12 copyright protection activities were organized at the site of the Olympic football games Tianjin Customs enhanced supervision to imported and exported goods with Olympic symbols. Altogether 6 cases that infringed the exclusive right of the Olympic symbols were investigated and ferreted out. More than 6,182 imitated Olympic mascots, clothes and ornaments that infringed the exclusive right of Olympic symbols were detained by the Tianjin Customs. The 29th Olympic Organizing Committee extended full affirmation of Tianjin Customs’ protection and effective law enforcement of the exclusive right of the Olympic symbols.

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