2008年,在省委、省政府的正確領導下,黑龍江省知識產權工作取得了顯著成績,有力地促進了全省自主創新和經濟社會發展,為構建社會主義和諧社會做出了應有的貢獻。
一、知識產權工作邁出新步伐
2008年8月,黑龍江省正式啟動了《黑龍江省知識產權戰略綱要》制定工作。10月,國家知識產權局和黑龍江省政府正式建立了合作會商機制。省知識產權局在“3.15”和“4.26”期間,運用新聞媒體,大力宣傳知識產權,發放宣傳資料10萬余份。2008年,黑龍江省知識產權國際交流與合作進一步拓寬,召開了中美知識產權—保護與執行戰略國際研討會。以向全社會提供多功能、全方位、優質高效的知識產權服務為宗旨,進一步加強了知識產權國際網站建設,數據庫增容至2300萬。
二、專利保護工作穩步推進
2008年,全省專利申請量達到8351件,比上年增長15.3%.全省累計申請專利77,263件,授權41,993件。2008年,圍繞黑龍江省裝備、能源、石化、醫藥、食品等五大重點行業和支柱企業,優選項目、重點突破,推進了專利技術產業化進程。全省知識產權系統嚴格專利行政執法,開展了經常性檢查與集中整頓,促進了知識產權法制環境的形成。
三、商標保護力度進一步加大
2008年,黑龍江省全面推進商標監管工作,實地考察爭創馳名商標和申報省著名商標復審認定的企業27戶,復審認定省著名商標278件,全省馳名商標新增加9件,有效馳名商標擁有量已達29件,全省申請注冊農產品商標2000余件,申請地理標志26件。
四、版權保護工作不斷拓展
2008年,黑龍江省嚴厲查處了124件網絡侵權盜版案件,查繳盜版音像制品、計算機軟件20,000余盤。全省13個地市文化行政部門統一開展了非法音像制品銷毀行動,共銷毀非法音像制品近50萬盤。開展了《著作權法》頒布實施17周年宣傳活動和“正版產品經營示范單位”評選活動,企業使用正版軟件工作扎實推進。
五、植物新品種保護力度進一步加大
2008年,省農委組織相關處站深入各縣(市、區)對授權品種的銷售情況進行市場巡檢,及時查處植物新品種權假冒侵權案件12起。2008年8月,在青岡縣召開了植物新品種保護現場會,邀請省農科院植物新品種保護測試中心的專家,講解了有關植物新品種保護申請、檢測等知識。
六、海關知識產權保護進一步加強
2008年,哈爾濱海關組織部分知名品牌權利人在各口岸海關開展了鑒別培訓活動,有效提高了一線關員的知識產權執法能力。全年哈爾濱關區共查獲侵權案件59起,案值184.68萬元。
七、公安機關進一步加大知識產權案件查處力度
2008年,全省公安機關共立侵犯知識產權案件31起,破獲9起,抓獲犯罪嫌疑人37名,涉案總價值1604.76萬余元。同時與檢察院、法院相關部門和橫向行政執法部門建立了協作機制。加強了與俄羅斯警方打擊經濟犯罪的協作機制建設,就跨國經濟犯罪的案件協查和開展聯合偵查行動等工作達成協議。
八、檢察機關深入開展侵犯知識產權犯罪立案監督專項行動,知識產權司法審判能力進一步提高
2008年,全省各級檢察機關認真貫徹落實最高人民檢察院關于開展侵犯知識產權犯罪立案監督專項行動的決定和部署,積極探索開展專項斗爭的有效途徑,不斷加大監督力度。全省各級檢察機關均成立了以檢察長為組長,主管副檢察長為副組長、偵查監督部門人員為成員的領導小組,對專項行動的進展情況進行了檢查,對存在的問題進行了面對面的指導和糾正。2008年,省法院向各中級法院下發了《關于嚴格馳名商標司法認定的通知》,并為各中級法院提供可資借鑒的經典案例,統一執法標準。全年共受理知識產權糾紛案件352件,有效地維護了權利人的合法權益。
Summary of Heilongjiang Provincial Intellectual Property Protection in 2008
In 2008, with the wise leadership of provincial Party Committee and government, remarkable results were achieved in IPR business, and self-driven creations and innovations and development of economy and society were robustly promoted, thus contributing to progress of the harmonized society.
I. Take New Steps on IPR Work
In August, 2008, the formulation work of the Outline of Heilongjiang Provincial IPR Strategy was officially started. In October, the cooperation mechanism between State Intellectual Property Office (SIPO) and Heilongjiang Provincial Government was officially established. During the period of Consumers’ Day on March 15th and World IPR Day on April 26th, Provincial Intellectual Property Administration (IPA)utilized news media, publicized IPR, distributed more than 100,000 copies of IPR materials to the public. In 2008, IPR international communication and cooperation channels were broadened. Sino-US Seminar on Intellectual Property Protection and Enforcement Strategies was held. With the multi-purpose, all-directional, high quality and high effective IPR service to the entire society as the objective, Provincial IPA further strengthened the IPR international website construction, the patent database data were expanded to 23 million.
II. Steadily Promote Patent Protection Work
In 2008, the patent application amount of our province reached to 8,351, increased by 15.3% over that of last year. By the end of 2008, the accumulated patent applications of the province were 77,263, and the granted were 41,993. In 2008, focus was given to five key professions and the prop enterprises of equipment, energy, petro-chemical, medicine and food in Heilongjiang Province. Optimum projects were selected, key breakthrough was made, and the patented technologies industrialization was advanced. IPR system of the whole province strengthened the patent executive enforcement, carried out the routine inspection and the centralism reorganization, promoted the formation of the IPR legal system environment.
III. Strengthen the Trademark Protection
The trademark supervision work was fully advanced. The on-site investigation to 27 enterprises which applied the well-known trademarks and reexamination of provincial famous trademarks were carried out. In 2008, 278 provincial famous trademarks were identified, 9 provincial well-known trademarks were newly identified. The number of the valid trademarks reached to 29. More than 2,000 agricultural products trademarks were registered and 26 Geographical Indication applications were filed.
IV. Constant Development of the Copyright Protection
124 network infringement cases were severely attacked; more than 20,000 pirated audio-video products and computer softwares were confiscated. 13 municipal (area) culture administrative departments of the entire province carried out the illegal audio-video products coordinate destruction action, and altogether destroyed nearly 500,000 pieces of illegal audio-video products. The publicity activity for 17th anniversary of Copyright Law implementation and evaluation activity for Legal copy product management demonstration unit were carried out. The enterprises’ using the legal copy software work was advanced effectively.
V. Protection for New Plant Varieties was Further Strengthened
Provincial Agricultural Committee organized the related divisions (stations) to carry out the market inspection on the granted varieties sales situation, and investigated 12 counterfeit and infringement cases. In August, 2008, they held new plant variety protection on-site meeting at Qing Gang County, invited the experts from new plant variety protection test center of Province Institute of Agricultural Sciences to explain the related knowledge on the application, examination and so on of new plant variety protection.
VI. The Customs Protection for IPR were Further Strengthened
In 2008, Harbin Customs organized several well-known brand owners to carry out the distinction training activity in various ports customs, effectively improved the IPR law enforcement ability of the executive officers. In 2008, 59 cases were discovered and seized, of which the value was 1,846,800 RMB.
VII. Public Security Authority Further Strengthening the Investigation and Handling of the IPR Cases
In 2008, 31 cases were placed on file for investigation and prosecution by the public security authorities of the entire province, 9 cases were solved, 37 suspects were caught, of which the value was more than 16,047,600 RMB. Meanwhile, they established the cooperation mechanism with the procuratorate, court, and the horizontal administrative law enforcement departments. They strengthened the cooperation mechanism of attacking transnational economic crimes with Russian Police, reached the agreement on cooperative investigation and detection motion on the transnational economic crimes cases.
VIII. Procuratorial Organ Thoroughly Carrying Out the Special Action of IPR Infringement Crime’s Putting on Record Supervision, IPR Judicature Trial Ability Further Enhanced
In 2008, all levels of the procuratorial organs of the entire province seriously implemented the decision and deployment of The Supreme People’s Procuratorate (SPP) about carrying out the special action of IPR infringement crimes’ putting on record, positively explored the effective way in special action, strengthened the supervision. All levels of the procuratorial organs of the entire province established the leading group took general prosecutor as the group leader, deputy prosecutor in charge of the work as the vice-group leader, personnel from the investigation and supervision department as the members, carried on the inspection to the progress situation of the special action, and gave the face-to-face instruction to the questions existed. In 2008, Provincial Superior Court distributed Notice on Severe Judicature Identification of the Well-known Trademark to each intermediate court, offered classic cases for reference, and unified the law enforcement standard. The courts of the entire province altogether heard 352 cases of IPR dispute, effectively safeguarded the IPR owners’ legal rights and interests.