IV. Copyright Protection
In 2006, Zhejiang Province registered 1,931 software works ranking the fourth in China and 2,121 other works creating a new height in history. Simultaneously, Zhejiang Province certified and registered 121 foreign publishing contracts, 286 contracts of electronic publications and software copyright transfer, 172 contracts of copying foreign audio-visual products and 3 contracts of using other publication copyright.
In 2006, 61 cases of copyright infringement were accepted and 53 cases closed, including 34 cases of administrative punishment, 13 cases of conciliation and 4 cases of evocation. In the special activity of striking illegal pre-installation of computer software and network infringe and piracy, Zhejiang Province called out tipstaffs of more than 1000 person-time, checked 800 businesses and 6600 computers, and captured 21,400 discs of pirated computer software. All the infringed contents of websites investigated were deleted and parts of websites were banned.
In the first half year of 2006, Zhejiang Province completed the check and acceptance of software purchase in the governments at all levels. According to statistics, the governments at provincial, municipal and county levels in Zhejiang Province invested financial funds of RMB 56,184,000 in this round, purchased 18,000 suites of computer operating systems, 88,000 suites of office software and 16,500 suites of antivirus software. In December, all enterprises in the province began the campaign of promoting software purchase.
V. Geographical Indication Protection
In 2006, 10 geographical indication certification marks in the province were registered, such as Suichang chrysanthemum rice, Pan'an figwort, Pan'an rhizoma corydalis, Pan'an Chrysanthemum morifolium, Pan'an atractylodes macrocephala, Pan'an Fritillaria thunbergii Miq, Pan'an Tea, Linhai bayverry, Tongxiang Chrysanthemum morifolium and Yuyao mustard, accumulating 33 geographical indication certification marks in the province ranking first in China. Breakthrough was made in the work of geographical indication protection in Taizhou city and Shaoxing city. 2 geographical indication products -- Sanmen blue crab and Ningbo kumquat -- were added, accumulating 18 geographical indication products in the province ranking first in China.
VI. IPR Protection of Audio-Visual Products
In 2006, the culture departments in the province listed IP protection as the most important work of cultural market control strictly investigated the business of pirated audio-visual products and illegal publications at audio-visual product market, computer software market, the downtown district, railway station and docks. In 2006, administrative law-enforcing departments at all levels continuously uncovered and demolished a dozen of underground dens of audio-visual products, banned 1200 illegal shops of audio-visual products, and transferred 23 persons suspected of committing a crime to judicial bodies. In the special "100-day anti-piracy activity", Zhejiang Province called out 34,000 person-time, checked 39,900 audio-visual products shop-time and 19,700 publication business-time, captured 11,495,200 discs of illegal audio-visual products and computer software and 165,800 discs of illegal publications and electronic publications, withdrew 5 business licenses, banned 1,864 stall keepers without a license, collected 27,300 illegal discs turned in by businesses, demolished 4 underground wholesales dens of audio-visual products, transferred 6 persons suspected of committing a crime to judicial bodies and placed 6 cases on files.
VII. IPR Protection in Foreign Trade
In 2006, the provincial economy & trade departments carried out active strategy of export product brand and energetically promoted the cultivation and construction of famous export product brand. Zhejiang Province owns accumulated 51 national "2005-2006 Year Major Export Product Brand", 31 "Most Competent Brand" issued by China Board of Trade and 42 provincial "2005-2006 Year Major Export Product Brand". Zhejiang Province signed 547 technology acquisition contracts with contracted value of US$ 550 million of which technology fund reached US$ 540 million. To cope with technology trade barrier and promote technological level, the provincial economy & trade departments in the province organized and completed 103 technology breakthrough projects.
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 transferred 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 knowhow 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, transferred 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 transfer 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 "C&U", "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.
