2008年,遼寧省積極貫徹落實國家知識產權戰略,知識產權保護工作取得了顯著成績。
一、知識產權審批登記工作
2008年,全省專利年申請量為20,895件,比上年增長5.8%;專利年授權量為10,662件,比上年增長10.9%。到2008年底,全省專利申請累計總量為181,747件,專利授權累計總量為91,241件。
2008年,全省商標年注冊申請量為9807件,商標注冊量為4865件;認定馳名商標8件;注冊地理標志3件。到2008年底,全省累計注冊商標約9萬件;累計認定馳名商標48件;注冊地理標志9件。
2008年,全省被批準實施地理標志保護的產品6個。到2008年底,全省共有中國名牌產品60個;經國家質檢總局批準實施地理標志保護的產品共有23個。
2008年,全省作品版權登記共計781件,計算機軟件登記12件,引進圖書類版權合同登記440件,引進電子出版物和計算機軟件類版權合同登記21件,輸出圖書類版權合同登記93件。
2008年,全省獲得授權的農業植物新品種32個。到2008年底,全省累計申請農業植物新品種363件,獲得授權的農業植物新品種146個;獲得授權的林業植物新品種35件。
二、知識產權執法保護工作
2008年,在全省開展了“雷雨”、“天網”知識產權行政執法專項行動,全省共組織專項執法檢查31次,出動人員1000余人次,檢查商場、銷售點、企業等357家,檢查商品近百萬件,登記注冊專利商品500余件。全省工商行政管理機關在保護奧林匹克專用標志專項行動中,共出動執法人員18,000人(次),檢查經營戶102,865家,檢查批發等各類市場812個,立案查處了45件侵權案件,案值約35.5萬元,糾正違規行為1062次;在實施食品安全工程等專項行動中,共查處商標違法案件356件,罰款98萬元,查處商標侵權案件715件,罰款391萬元,查處侵犯外國商標案件91件。全省版權行政管理部門開展了打擊非法預裝計算機軟件專項行動,出動行政執法人員1100人(次),檢查各類計算機軟件預裝市場60余個(次),柜臺、攤點500余個(次),處理了20家違法業戶。
2008年,沈陽海關共查獲涉嫌侵犯知識產權案件32件,立案28件,沒收侵權物品148,082件,案值約11萬元人民幣,行政處罰8人,降低2家侵權企業的的信用等級,保護了9個國家20個權利人的知識產權;大連海關全年共查獲侵犯知識產權案件50起,貨物342,790件,案值約211萬元人民幣;2008年作為奧運年,兩海關加強了對奧林匹克標志專用權的保護,沈陽海關查獲涉奧侵權案件13件,查獲侵犯奧運知識產權商品2076件,案值約3.4萬元人民幣,查處侵權行為人4名,涉及2個國家;大連海關查獲侵犯奧林匹克標志專用權案件5起,案值近萬元。
三、知識產權司法保護工作
2008年,全省檢察機關共批準逮捕侵犯知識產權犯罪案件9件11人,提起公訴侵犯知識產權犯罪案件11件20人。
2008年,全省法院共受理一、二審知識產權民事案件633件,審結548件,結案率為86.6%;審理知識產權刑事一審案件14件,涉案被告人24人,審結9件,涉案被告人19人;受理并審結知識產權行政一審案件8件。
ummary of Liaoning Provincial Intellectual Property Protection in 2008
In 2008, Liaoning Provincial Government actively implemented the National Intellectual Property Strategy, and scored remarkable achievement in protetction of intellectual property rights (IPR).
I. IPR Examination and Registration
The number of patent application reached 20,895 cases in the whole province in 2008. It was a 5.8% increase over last year. In 2008, the number of patent granted of the whole province reached 10,662, an increase of 10.9 % as compared with last year.
By the end of 2008, the accumulated amount of patent application of the province was 181,747 cases and the accumulated patent grants were 91,241 cases.
The number of trade mark registration applications in 2008 was 9,807 cases and the number of registered trade marks was 4,865 cases. Eight trade marks were appraised as well-known Brand Trade Mark. Three Geographical Indications were registered.
By the end of 2008, the province obtained around 90,000 registered trade marks accumulatively and 48 were appraised accumulatively as Famous Brand Trade Mark, the number of registered Geographical Indication was nine.
In 2008, six products were allowed to implement Geographical Indication Protection.
By the end of 2008 the province had 60 Famous Brand Products in total. 23 products were approved by the State Bureau of Quality and Technology Supervision to implement Geographical Indication Protection.
In 2008, the works copy right registration in the whole province reached 781 pieces and computer software registration reached 12 pieces. Copy right contract registration for imported books in the whole province reached 440 pieces in total, the copy right contract registration for imported electronic publications and computer software reached 21 and the copy right contract registration for book export reached 93 pieces in 2008.
32 agricultural plants in the province granted the title of New Plant Variety in 2008.By the end of 2008 the accumulated application on New Variety of Agricultural Plant reached 363 pieces; new agricultural plants which granted the title of New Plant Variety reached 146 in number; forestry plants which granted the title of New Forestry Variety reached 35 in number.
II. IPR Enforcement and Protection
In 2008, we carried out the so called “Thunder Storm” and “Sky Net” intellectual property administrative law enforcement special activities in the province. 31 times of special law enforcement inspection were organized in a range of the whole province and more than 1,000 persons participated the inspections in 357 department stores, sale places and enterprises. Around one million pieces of commodities were examined in the inspection and more than 500 registered patented goods were recorded. In the special practice of protecting the special marks of Olympic Games, 18,000 person-times of law enforcement were dispatched and they inspected 102,865 business operators and 812 various markets such as wholesale market; 45 infringement cases were registered and punished which involved a value of 355,000 RMB yuan; 1,062 regulation violations were punished and corrected. In the special practice for the implementation of food safety, 356 trade mark violation cases concerning 980,000 RMB yuan fine and 715 trade mark infringement concerning 3,910,000 RMB yuan were punished. 91 cases of foreign trade mark violation were punished. A special practice for combatting illegally preinstalled computer software was carried out and 1,100 person times were dispatched in this practice and 60 computer software reinstallation markets and more than 500 various stands were checked, 20 violators were punished.
In 2008, Shenyang Customs last year ferreted 32 intellectual property right violation cases and registered 28 such cases and seized 148,082 pieces of infringement goods, which valued at 110,000 RMB yuan, gave eight persons administrative punishment, lowered credit degree of two enterprises and protected the intellectual property for 20 legal persons of nine countries. Dalian Customs last year ferreted 50 intellectual property violation cases, 342,790 pieces of goods which valued at 2,110,000 RMB yuan. The two customs strengthened the protection over the Olympic Marks since Beijing Olympic Games would be held in 2008. Shenyang Customs ferreted 13 Olympic Mark violation cases and ferreted 2,076 pieces of violation goods valued at 34,000 RMB yuan, punished four violators who violated right of two countries and Dalian Customs ferreted five cases valued at nearly ten thousand RMB yuan.
III. IPR Judicial Protection
In 2008, the procuratorate administrations of the province approved to arrest eleven criminal suspects involving nine intellectual property violation cases, the procuratorate administrations of the province initiated public prosecution on 20 criminal suspects involved in eleven intellectual property violation cases.
In 2008, courts of the province accepted in total 633 first and second instance cases on intellectual property disputes, 548 cases were settled down resulting a settlement rate of 86.6%, the courts of the province at different levels accepted and concluded 14 first instance cases of instinctual property violation, involving 24 accused persons and nine cases were settled down involving 19 accused persons, courts of the province at different levels accepted and concluded eight cases of intellectual property administrative first instance.