VIII. Customs Protection of IPR
In 2006, Hangzhou Customs hunted down and seized 123 IPR infringement cases with a total value of RMB 1,200,000, punished and confiscated RMB 2,000,000. Main concerned trademarks were international and domestic well-known brands such as "Nike" and "Adidas" . Concerned commodities were the daily products such as garments, shoes, hats and watches. Hangzhou Customs evoked 3 cases to public security organ, issued 54 IPR risk pre-control instructions and infringement capture rate was 55.6%. Hangzhou Customs delivered infringed goods worthy RMB 3,000,000 to provincial Red Cross.
Ningbo Customs hunted down and seized 235 IPR infringement cases and detained 2,751 infringed goods with a total value of RMB 3,450,000. The punished and confiscated income was RMB 1,630,000. 420 trademarks of international and domestic well-known brands were concerned, such as "Great Wall" , "Butterfly" , "Tiger Head" and "Nike" . Concerned commodities were the daily products such as garments, shoes and hats, cleaning product, auto parts fitting for automobiles and small household electrical appliances. Ningbo Customs issued 91 IPR risk pre-control instructions, and infringement capture rate was 63%. Ningbo Customs delivered two batches of infringed goods to provincial Red Cross, totaling 320,000 goods such as garments, shoes and hats.
IX. Public Security Organs Fighting against IPR Infringement Crime
In 2006, the public security organs in the province executed "Mountain Eagle No. 2" activity directed by China Ministry of Public Security, investigated and prosecuted a number of big cases such as counterfeit "Zhonghua" pencil, "LV" suitcase and "Vig-RX" medicine. In five kinds of case involving counterfeit trademark and commercial secret infringement, the public security departments accepted 270 cases, placed 202 cases on file, solved 144 cases, saved economic loss of RMB 50,040,000, investigated and prosecuted 208 criminal suspects. The public security organs in the province further strengthened and improved the co-operative mechanism with administrative law-enforcing organs, successively formulated regulations or activity programs of co-operative law enforcement, case evocation and regional control. In the cases of accepted and placed on file, the rate of evocation by administrative organs for law enforcement reached 71%.
X. Inspection Organs Fighting Against IPR Infringement Crime
In 2006, the procuratorial organs in the province accepted and permitted the proposals by the public security organs to arrest 147 persons in 97 cases and to arrest 121 persons in 80 cases after examination, evoked 305 persons in 176 cases for IP infringement, and prosecuted 258 persons in 160 cases. The procuratorial organizations supervised public security organizations to investigate and place 6 cases of IP infringement on file, proposed administrative law-enforcing organs to evoke 7 cases suspected of IP infringement to public security organs.
XI. Judicial Protection of IP Cases
In 2006, all the courts in the province accepted 1,198 civil first instance IP cases, growing 7.2% over the previous year, including 551 patent cases, 173 trademark cases, 350 copyright cases and 124 other cases, and adjudicated 1,111 cases in the first instance. The Provincial Superior Court accepted 147 second instance IP cases, growing 14.96% over the previous year, and adjudicated 143 IP cases in the second instance. Up to the end of 2006, the courts at all levels in the province accepted 3 cases of taking advantage of provisional measures before reverting to litigation and executed 2 cases, and accepted and implemented 2 cases of evidence conservation before reverting to litigation. Meanwhile, the determination of well-known trademarks in IP civil adjudication is also an important function of judicial IP protection. The courts at all levels in the province accepted 17 cases proposing the determination of well-known trademark and newly determined 3 well-known trademarks of "人本", "Tonlion" and "Dandy", accumulating 8 well-known trademarks. All the courts in the province accepted 303 criminal first instance IP cases, growing 215% over the previous year, and adjudicated 308 IP cases in the first instance.
Appointed by the Supreme People's Court, the Intermediate People's Court of Taizhou City has owned jurisdiction rights over the civil first instance patent cases in the area under its jurisdiction.II. Patent Protection
In 2006, the patent application quantity in the whole province was 52,900, growing 22.6% over 43,200 in the previous year, among which invention patent application was 8330, making up 15.7% of the total patent application quantity and growing 22.9% over 6,776 in the previous year. The patent authorization quantity was 30,900, growing 62.5% over 19,000 in the previous year, among which invention patent authorization quantity was 1,424, making up 4.5% of the total patent authorization quantity and growing 28.3% over 1,110 in the previous year. The patent application quantity and authorization quantity ranked the third and the second in China. There were also 10 registrations of layout-design of integrated circuits.
In the whole province, 144 patent dispute cases were accepted and 140 closed, among which 32 cases involved foreign interests. The science & technology bureaus in 9 cities and 52 counties of Zhejiang Province have established public security liaison offices. The cities of Hangzhou, Ningbo, Jinhua, Jiaxing, Taizhou and Lishui successively carried out entrusted administrative enforcement of patent law in 11 counties (cities or districts) in accordance with "The Regulations of Patent Protection of Zhejiang Province".
In 2006, 3 patent agencies and 6 patent offices were newly approved, enabling the sum to reach 34 and 22 respectively. All patent agencies in the province handled 26,800 cases of patent application, making up 62.3% of provincial quantity of patent application; handled 550 cases of patent dispute and 51 cases of patent permission and transfer and obtained operation income of RMB 38,544,000. Hangzhou Patent Agency of State Intellectual Properties Office of P.R.C accepted 38,900 cases of patent application, making up 73% of provincial quantity of patent application and ranking the third for agency acceptance in China.
III. Trademark Protection
In 2006, 11,000 trademarks were newly applied for registration in the province, accumulating 27,000 trademarks and ranking the second in China. 48 Chinese well-known trademarks were newly identified, accumulating 125 Chinese well-known trademarks in the province. 14,000 agriculture-related trademarks were newly applied, accumulating 52,400 agriculture-related trademarks in the province. 9 geographical indication certification marks were newly registered, accumulating 32 geographical indication certification marks in the province. All quantities of Chinese well-known trademark, farm and sideline products trademark, and geographical indication certification mark ranked first in China. 335 Zhejiang well-known trademarks were newly determined and the continuation of 363 Zhejiang well-known trademarks has been certified. There have been 36 professional trademark bases at provincial or higher level.
In 2006, 8,403 infringed trademark cases were investigated and prosecuted among which 7,643 cases of counterfeit and infringed trademarks were hunted down and seized, and the penalties or income confiscated were RMB 134,000,000. 2924 cases involving foreign interests were investigated and prosecuted. 855 cases of illegal trademark printing were investigated and prosecuted and the penalties or income confiscated were RMB 11,289,000. 119 cases and 117 people of counterfeit trademark infringement were transferred to judicial body for suspected counterfeit of trademark.
