2008年,在市委、市政府的正確領導下,天津市不斷加大知識產權保護力度,促進科技與經濟發展緊密結合,在服務于建設創新型城市和推進濱海新區開發方面做出了貢獻。
一、進一步健全知識產權制度,不斷優化知識產權環境
一是高度重視知識產權保護,工作協調機制日趨完善。市政府與國家知識產權局建立了合作會商制度;成立了由31個成員單位組成的知識產權戰略領導小組。
二是加快知識產權保護政策法規建設。2008年市政府出臺《關于加強政府投入項目專利管理工作實施意見》等政策法規。
三是不斷創新知識產權保護執法聯動協作機制。市知識產權局與四省市簽訂了《環渤海區域知識產權局行政執法協作協議》,與市公安局聯合發布了《關于印發知識產權保護協作機制的通知》。2008年進駐18個大型展會開展知識產權執法保護。
四是不斷推進知識產權文化建設。2008年“4•26”世界知識產權日宣傳周期間,市政府發布了《2007年天津市知識產權保護狀況》白皮書,市19個委辦局共同聯合開展了多項宣傳活動,大力推廣知識產權文化建設。
二、進一步完善知識產權行政保護和服務體系建設
一是積極開展專利權創造和保護工作。2008年,天津市專利申請量達到17,425件。天津市知識產權局聯合司法機關積極開展“雷雨”和“天網”專項行動,開展專利執法3次,查處假冒專利行為2件,冒充專利行為8件,檢查帶專利標記商品3700余件,行政調處專利糾紛16件,專利執法工作穩健有力。
二是商標保護工作成效顯著。2008年,天津市新增注冊商標 3908件,累計擁有注冊商標48,630件。全市共查處商標違法案件317件,罰款金額144.79萬元。收繳和消除侵權商標標識5.5萬件,沒收、銷毀侵權商品7.1萬件。
三是加強版權管理執法和監管力度,版權管理工作取得顯著成績。市政府成立了天津市推進企業使用正版軟件工作領導小組,2008年完成了251個法人單位的軟件正版化工作。組織版權執法檢查123人次,查處網絡侵權案、調處版權糾紛6起,進行著作權法律培訓1200余人次。
四是海關知識產權保護卓有成效。2008年,天津海關立案查處進出口侵權貨物案件205起,案值271萬元,查獲侵權貨物119萬余件。加強知識產權保護國際交流與合作,廣泛開展與國際知名企業和知識產權保護中介組織的合作,就共同加強打擊侵權行為進行深入合作與交流。
五是大力整頓和規范文化市場秩序。在2008年1月29日和4月20日開展了兩次違法音像制品集中銷毀行動,共銷毀120余萬張(盒)。破獲了“6•03”非法盜版光盤案,現場繳獲盜版光盤30余萬張。同時加強了對動漫創作成果的知識產權保護。
六是植物新品種保護工作日益規范嚴謹。截至2008年,天津市植物新品種累計申請新品種權35項,授權2項。2008年,天津市農業系統積極開展保護植物新品種行政執法工作。
七是積極開展地理標志產品的申報和保護工作。2008年天津市加強對地理標志產品的申報和保護,立足長遠,積極作好天津市地理標志產品的培育和儲備工作。
三、不斷加強刑事打擊,加大知識產權司法保護力度
一是公安系統嚴厲打擊知識產權違法犯罪行為。2008年,全市各級經偵機構受理侵犯知識產權案件14起,立案13起,破案11起,抓獲犯罪嫌疑人19名。同時,積極協助各行政執法部門開展集中整治行動。
二是知識產權司法保護成效顯著。2008年,全市各級法院進一步加大知識產權案件審理工作力度,全年共受理一審知識產權民事案件185件。共受理二審知識產權民事案件48件。全年一審審結190件,二審審結36件。全市法院年內審結的案件中無申請再審案件。
三是檢察院加強知識產權保護工作。2008年,天津市各級檢察機關將侵犯知識產權犯罪作為檢察機關的打擊重點,全年共批捕各類涉嫌侵犯知識產權犯罪案件9件22人,審查起訴各類涉嫌侵犯知識產權犯罪案件8件16人。
四、作好奧運知識產權保護工作
天津市作為2008年奧運協辦城市,先后制定了《天津市保護奧林匹克標志專有權行動方案》、《天津市保護奧林匹克標志專有權應急方案》等一系列保護奧運知識產權的相關政策。相關部門聯合成立了“天津市處理非法轉播奧運賽事案件快速反應機制辦公室”,聯合建立了打擊網上侵權盜版活動快速反應機制。在全市范圍內進行了3次大規模的保護奧林匹克標志專有權行動,查處了44件侵犯奧林匹克標志專有權案件,開展奧運足球比賽現場版權維權活動12次。天津海關加強了對涉及奧林匹克標志進出口貨物的重點監管,全年共查獲侵犯奧林匹克標志專有權案件6起,扣留假冒奧運吉祥物、侵權服裝、飾品等6182件。第29屆奧運會組委會對天津海關保護奧林匹克專有權的有效執法,給予了充分肯定。
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.