《2008年云南省知识产权保护状况》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,是全面贯彻实施《国家知识产权战略纲要》的第一年,云南省各级知识产权职能部门紧紧围绕全省中心工作,以提升自主知识产权数量、质量,提高支柱产业、特色产业核心竞争力为重点,以有效发挥知识产权制度对自主创新的激励和保障作用为目标,卓有成效地开展工作,全省知识产权事业取得了长足发展。

一、知识产权创造能力进一步增强
全省专利申请量实现历史最好水平,突破4000件大关,其中职务专利申请量达2194件,同比增长70.6%。认定了201件云南省著名商标,全省累计有效著名商标达到636件,中国驰名商标7件,全省地理标志证明商标总数达10件。全省版权输出25项,版权引进37项,版权输出量比去年增长92%。共登记作品105件。截至2008年底,全省累计申请农业植物新品种权130件,居全国第13位,获得国家品种权41件,居全国第13位。共有43个林业植物新品种申报国家新品种权,获得国家品种权26件,申请量和授权量均高于全国平均水平。目前,全省花卉新品种数量达到36个,居全国之首。

二、知识产权行政保护取得新进展
在知识产权行政保护方面,各级知识产权部门按照“雷雨”、“天网”知识产权执法专项行动工作部署,共检查标有专利标记的商品3957件,查处假冒他人专利案件33件,查处冒充专利案件16件,受理专利纠纷案件33件,结案23件,向公安机关移送涉嫌犯罪案件1件。各级工商行政管理部门全年共查处商标侵权违法案件945件,案值1298.69万元,组织开展保护奥林匹克标志专用权专项执法行动,共查处侵犯奥林匹克标志专用权案件121件,案值65万元。版权部门共查处版权侵权案件159件,收缴各类盗版制品共13万件。全省农业部门开展农资打假扶优护农活动,检查农资和农村集贸市场7793个,查出无证经营户363户,扣押无证经营杂交玉米种子1.5万公斤,没收杂交玉米假种3.8万公斤。质量技术监督部门全年共查获假冒伪劣产品货值金额28,158.9万元;销毁假冒伪劣产品货值金额197.6万元;捣毁制假黑窝点24个。

三、知识产权海关和司法保护得到加强
昆明海关共查获进出口环节侵犯知识产权案件32起,涉案货值约140万元。全省公安机关共受理涉及侵犯知识产权案件657起,立案626起。其中,假冒注册商标案28起,销售假冒注册商标商品案13起,侵犯著作权案1起,其他侵犯知识产权案件1起。全省法院共审结一审知识产权案件218件,共审结二审知识产权案件53件,维护了知识产权权利人的合法利益,营造了公平有序的市场竞争环境。

Summary of Yunnan Provincial Intellectual Property Protection in 2008

It was the first year for comprehensive implementation of Outline of the National Intellectual Property Strategy. In order to enhance the quantity and quality of independent intellectual property rights, special focus on the core competitiveness of the pillar industry and distinctive industry, in order to effectively play the role of intellectual property rights regime on innovation incentives and protection of role as the goal, the functional departments at all levels of intellectual property in Yunnan province had worked effectively and closely being round the central task, and great progress had been made too.

I. Improved Capability of IPR Creation

Amount of patent applications achieved the province's highest level in history, exceeding 4,000 cases, which reached 2,194 service patent applications, an increase of 70.6%. 201 famous trademarks had been identified in Yunnan province, making the province's total number of famous trademarks reach 636, China's well-known marks 7, and the total number of certification marks of the province’s geographical indications as 10. Copyright output of the province's was 25, and  the input of copyright was 37, with an increase of 92% compared with last year, and a total of 105 works was registered. By the end of 2008, 130 New Agricultural Plant Variety Rights applications were filed, ranking the 13th place in the country. 41 new variety rights were granted, ranking the 13th in the country. A total of 43 new varieties of forestry plants was applied for the country's new variety rights, with 26 granted, and the amount of applications and grants was higher than the national average. At present, the number of the new varieties of flowers and plants in the province reached 36, ranking first in the country.

II. New Progress in Administrative Protection of IPR

With regard to administrative protection of IPR, intellectual property departments at all levels, in accordance with "Thunder Storm", "Sky Net" law enforcement actions of IPR working arrangements, inspected the 3,957 goods marked with the patent marking, 33 cases of passing-off patents, and 16 cases of fake patents, dealt with 33 patent disputes, and concluded 23 cases, and 1 suspected criminal case was handed over to the public security department. Departments of administrations for industry and commerce at all levels investigated and handled 945 cases of trademark infringement, amounting to 12.9869 million yuan throughout the year. Legal actions to protect the exclusive right of the Olympic logo were organized cracking down 121 Olympic logo infringement cases, worth 650,000 yuan. Copyright departments investigated 159 cases of copyright infringement and confiscated all kinds of pirated products, a total of 130,000.  Campaigns to combat counterfeit agricultural materials, support outstanding farmers,and protect farmers were carried out by the province's agricultural departments at all levels. 7,793 markets of agricultural materials and rural bazaars were investigated, 363 households were found operating without a license, and 15,000 kilograms of hybrid maize seed were seized due to lack of license. 38,000 kilograms of fake kinds of hybrid maize were confiscated. The value of seized counterfeit and fake products with the amount of 281.589 million yuan were discovered by the quality and technology supervision departments throughout this year; counterfeit and fake products with the value of the amount of 1.976 million yuan were destroyed; 24 counterfeiting and unlicensed operation sites were destroyed.

III. Strengthened Customs and Judicial Protection of IPR

The Customs of Kunming seized a total of 32 cases of IPR infringement in imported or exported cargo, the value involved was about 1.4 million yuan. The departments of province public security at all levels received a total of 657 cases involving IPR infringement, with 626 of the date placed on file. Among them, 28 of which counterfeited registered trademarks, 13 cases related to the sale of counterfeit trademark goods, 1 of which was an infringement of copyright, and 1 was the other intellectual property rights infringement case. The province's courts heard 218 cases of trial of first instance of intellectual property rights, with a total of 53 concluded cases of trial of second instance of intellectual property rights, thus safeguarding the legitimate interests of rights holders of intellectual property rights and creating a fair and orderly market competition environment.

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