Office of Zhejiang Provincial IPR Leading Group

Office of Zhejiang IPR Protection Workgroup

In 2006, following up the guideline of “keeping promise, adapting to national situation, improving system and protecting actively”, Zhejiang Province has insisted on protection and innovation simultaneously, and around the theme -- "strengthening initiative ability, promoting the change of growing mode and the adjustment of industry structure, supporting the economical and social development", energetically carried out IPR and brand strategies, steadily boosted IPR creation, management, protection and application, and made further new progress in IPR work.

I. Basic situation of IPR protection

-- A number of local regulations and normative documents have been formulated. "The Regulations of Management and Protection of Enterprise Trade Name in Zhejiang Province" was adopted at the 28th meeting of NPC Standing Committee of Zhejiang Province, and a matching document -- "The Method of Determination of Well-Known Trade Name of Zhejiang Province" -- was approved by provincial government. Both documents have given explicit regulation on the application premise, determination condition and appraisal program of well-known trade name, and standardized the acceptance and rejection criteria for similar enterprise names from the point of trade name management, and forwarded specific protective measures for well-known trade name. Zhejiang Provincial Bureau of Industry and Commerce formulated "the Opinions on Strengthening the Cultivation and Protection of Certification Mark and Collective Trademark" to promote integrated brand construction in locality, trade and enterprise. The foreign trade departments in the province formulated "The Opinions on Further Promoting the Development of Export Famous Brand" and exerted the strategy of brand development. Intellectual Properties Office of Zhejiang Province revised and issued "The Method of Patent Special Fund Management of Zhejiang Province" in conjunction with relevant departments and enhanced the fund pertinence and supporting strength. Approved by the provincial government, Intellectual Properties Office of Zhejiang Province issued "Implementing Plan of Promoting the Use of Legalized Software in Enterprises of Zhejiang Province" in conjunction with relevant departments, vigorously boosted the use of legalized software in the enterprises of Zhejiang Province, and completed the legislative investigation for and drafting of "The Method of Copyright Protection in Zhejiang Province". Zhejiang Provincial Administration of Quality Inspection issued "Several Opinions on Transferring Suspected Crime Case by Administrative Law-Enforcing Organ of Quality and Technical Supervision" in conjunction with Zhejiang Provincial Procuratorate, Zhejiang Provincial Bureau of Public Security and Office of Rectification and Standardization of Market Economic Order. Zhejiang Provincial Bureau of Culture, Zhejiang Provincial Bureau of Public Security and Zhejiang Provincial Bureau of Industry and Commerce jointly issued "The Regulation on Improving Co-operation Mechanism and Further Strengthening the Management of Cultural Market", which boosted the healthy development of cultural market. The implementation of these regulations and normative documents has played active roles in encouraging innovation and protection of IPR environment construction.

In March 2006, Mr. Wu Jichuan, vice director of Committee of Science, Education, Culture and Sanitarian of NPC, visited Hangzhou, Ningbo and Wenzhou to investigate patent law enforcement and praised the provincial work in patent law enforcement.

In August, Mr. Lu Yongxiang, vice chairman of NPC and president of CAS, visited Hangzhou Xiqi Digital Port, Yigao Flagship plaza and Hi-tech Digital City to examine work. He also made a compliment to the work of pre-installing software in the three markets.

--IPR development plan has been compiled. In 2006, Zhejiang Provincial Government definitely put forward implementing IPR strategy and strengthening IPR protection in "Government Work Report". Directed by provincial government, the provincial IPR leading group compiled "The Development Programming Outline of IPR Undertaking in the 11th-Five-Year", determined the aim, macro-plan and measures of IPR undertaking through the 11th-Five-Year. Relevant provincial departments issued "The Patent Development Programming of Zhejiang Province in the 11th-Five-Year", "The Trademark Development Programming of Zhejiang Province in the 11th-Five-Year", "The Copyright Development Programming of Zhejiang Province in the 11th-Five-Year", "The Television Broadcasting Development Programming of Zhejiang Province in the 11th-Five-Year" and "The Industrial IPR Development Programming of Zhejiang Province in the 11th-Five-Year", and completed several specific R&D reports in the respects related to IPR such as foreign trade, technical standard, geographical indication product and IT industry.

-- Dedicated campaigns of IPR Protection have been steadily carried out. In 2006, directed by relevant departments of State Council, all cities and department of Zhejiang Province coordinately carried out a series of dedicated campaigns. The provincial Office of Rectification and Standardization of Market Economic Order, Bureau of Industry and Commerce, Bureau of Intellectual Property, Bureau of Copyright and foreign trade department have strengthened IPR protection in trade show industry, particularly The China Export Commodities Fair, The East China Fair and China Yiwu International Commodities Fair, and jointly carried out "Blue Sky Trade Show Action" aimed at IPR protection. The provincial Bureau of Culture, Department of Propaganda and Bureau of Copyright organized a dedicated "100-day anti-piracy & copyright campaign". The provincial Bureau of Copyright also carried out a dedicated campaign of combating illegal pre-installation of computer software and network infringement and piracy, and strengthened the copyright monitoring and control of computer network. All the public security organs in the province have executed "Mountain Eagle No. 2" action aimed at trademark infringement, transferred and prosecuted a batch of major cases and key criminal cases. Hangzhou Customs and Ningbo Customs carried out "The dedicated campaign of combating infringed goods export by Customs in Yangtze Delta Region" and protected a batch of well-known international and domestic brands. The implementation of these specific actions have consolidated the result of market rectification and enhanced the strength of market supervision and management in IPR field.

-- The coordinating mechanism of IPR protection has been steadily improved. In 2006, all localities and departments in the province have kept on curing both roots cause and symptoms but mainly the roots cause, enhancing co-operation and jointly promoting the development of coordinating mechanism. On the basis of improving the coordinating mechanism of patent protection in Yangtze Delta Region, commercial and industrial IPR protection co-operation network in six provinces and one city in east China and liaison offices of public security organ residing in IPR system, the cooperation meeting of patent law enforcement in nine cities of Fujian, Zhejiang, Anhui and Jiangxi provinces, the joint meeting of quality and technical supervision and inspection of Jiangsu, Zhejiang and Shanghai, and entrusted patent law enforcement pilot work have been successively launched. Directed by National Office of Rectification and Standardization of Market Economic Order, by the end of August, Zhejiang Province established IPR reporting and complaint service center in Hangzhou, Ningbo, Wenzhou and Yiwu cities and set up unified reporting and complaint hotline "12312" and internet online reporting and complaint channels. By the end of 2006, four IPR reporting and complaint telephones have received 1267 calls of which 114 were related to reporting and complaint and 95 were consistent with acceptance conditions and transferred to relevant organs, among which 94 cases were answered according to rules, taking up 98.9%. Another reporting and complaint hotline "12315" for quality inspection was also set up. The websites of "Intellectual Property Protection in China -- Zhejiang Station", "State Office of Intellectual Property Protection -- Zhejiang Station", "Network of Liaison and Protection of Zhejiang Provincial Well-Known Trademark and Brand" have been established, and "Zhejiang Electronic Port Platform" and "System of Search and Comparison of Trademark and Brand" have been put into operation.

-- IPR Work in Enterprise has been deepened. In 2006, Intellectual Properties Office of Zhejiang Province, in conjunction with Zhejiang Provincial Committee of Economic Trade for Foreign Countries, newly certified 82 provincial patent demonstrative enterprises. State Intellectual Properties Office newly certified 7 enterprises of Zhejiang Province as IPR pilot enterprise and 6 enterprises of Zhejiang Province as IPR pilot demonstrative enterprise. Zhejiang Province has accumulated 13 national IPR pilot demonstrative enterprises, 273 provincial IPR pilot demonstrative enterprises, 542 municipal patent demonstrative enterprises and 720 county (city or district) patent demonstrative enterprises, totaling 1,548 enterprises. 156 software enterprises in the province were newly certified, with 880 software products, sales revenue of RMB 30,600 million and export value in excess of US$ 600 million. There have been accumulated 606 software enterprises in the province with 2,890 software products ranking high in China. 45 enterprises were appraised as the first batch of "Copyright Protection Demonstrative Enterprise of Zhejiang Province" by Zhejiang Provincial Bureau of Copyright. By the end of 2006, the enterprises in the province sponsored or participated in the revision of 350 national standards and 560 trade standards. The international EPA real-time Ethernet standard drafted mainly by SUPCON Group Co., Ltd. is the first international standard in Chinese industrial automation field. UTSTAR has held the position of chairman of IPTV workgroup of network control.

Zhejiang Province has owned 309 national inspection-free products of which 209 are newly added and 555 provincial well-known products of which 261 are newly added. In 2006, 57 Chinese well-known products were newly certified, accumulating 89 Chinese well-known products in the province. Now, Zhejiang Province owns 195 Chinese well-known products, 534 national inspection-free products ranking the second in China and 1300 provincial well-known products. The quantities of Chinese well-known product and national inspection-free product of Zhejiang Province keep on ranking the second in China.

-- IPR propaganda and training have been further strengthened. Adhering to IPR propaganda and training and enhancing general public awareness of IPR are a lasting work of government at all levels. On March 15 (World Consumer Rights Day), April 26 (World Intellectual Property Day) and in "popular science propaganda week", all localities and departments advocate respecting and protecting IPR via media and large field consultation actions. Zhejiang Provincial Office of Rectification and Standardization of Market Economic Order organized the campaign of "IPR protection propaganda week" across the province, participated in "China's IPR Protection Show", held news release conference jointly with the provincial news office to propagate the IPR protection and typical cases in the province. Intellectual Properties Office of Zhejiang Province organized a series of propaganda of "The Rule of Patent Protection in Zhejiang Province", and held "The Second session of Commendation Meeting of Top-10 Outstanding Females & Top-10 Female Inventor of Zhejiang Province" in conjunction with the Women's Federation and invention association, and sponsored a forum of initiative innovation and IPR protection. Zhejiang Provincial Bureau of Press and Publication held "The Ceremony of Issuing the Certificate of Copyright Registration for the Mascot of the Second Session of International Cartoon Festival" in conjunction with Hangzhou Municipal Government, and held the ceremony to award the outstanding articles in memory of the 15th Anniversary of Copyright Law in conjunction with Zhejiang Provincial Bureau of Education and Zhejiang Provincial Committee of the Communist Youth League. Zhejiang Provincial Administration of Industry and Commerce issued to the general public Top-10 news events in 2006 trademark and brand construction. Zhejiang Provincial Higher People's Court and Hangzhou Intermediate People's Court released ten typical IPR cases to the general public respectively. Zhejiang Provincial Higher People's Court held news release conference to announce relevant situation of IPR-infringed cases and typical cases. All localities and departments continuously increased the strength of IPR training. Hangzhou IPR Talent Education and Training Base was set in China Jiliang University. Intellectual Properties Office of Zhejiang Province organized 5 patent business training courses and 550 persons participated the training. Zhejiang Provincial Procuratorate organized a training course of criminal investigation and supervision to train the knowledge of handling IPR infringement crime. All types of IPR propaganda and training significantly enhanced general public awareness of IPR and gradually formed a social atmosphere of respecting knowledge, innovation and talents and protecting IPR.

-- IPR cooperation and exchange have been exerted. In 2006, the provincial cooperation and exchange with foreign countries have been further strengthened. In March, the office of Zhejiang Provincial IPR leading group received general consul of American general consulate in Shanghai, IPR commissioner of American embassy in Beijing and their delegation. In the same month, Zhejiang-California IPR Summit Forum was held in Hangzhou city. In August, the Offices of the National Leading Group of Rectification and Standardization of Market Economic Order of Zhejiang Province and Zhejiang Provincial IPR leading group received assistant U.S. trade delegation in Hangzhou city. In the same month, news office of Zhejiang Provincial Government held "The Seminar of Zhejiang Publication Exchange and Cooperation with Foreign Countries" in conjunction with Zhejiang Provincial Bureau of Copyright. At the copyright trade contract signing ceremony, Zhejiang Juvenile and Children’s Publishing House, Zhejiang Education Publishing House, Zhejiang Literature Publishing House and Zhejiang University Publishing House signed cooperation agreement and publication contracts with French, British, Germany and Hong Kong publishing houses. In October, Zhejiang Provincial Administration of Industry and Commerce and International Trademark Association held 2006 International Enterprise Brand Affairs Forum and signed a long-term cooperation agreement. In the same month, China Council for the Promotion of International Trade Zhejiang Sub-Council and U.S. Chamber of Commerce jointly held Sino-American IPR Forum in Hangzhou city. In December, Zhejiang Provincial Delegation of IPR organized by Intellectual Properties Office of Zhejiang Province investigated IPR status in Taiwan Province. In the same month, Zhejiang Provincial Office of Copyright held a one-week activity of "Zhejiang Copyright Trade Book Fair" in Taiwan in conjunction with Zhejiang Provincial Office of Taiwan Affairs. Frequent exchange and cooperation with foreign countries in IPR field has urged the development of IPR undertaking in Zhejiang Province.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 evoked to judicial body for suspected counterfeit of trademark.