2008年,山東省知識產(chǎn)權(quán)保護(hù)工作以科學(xué)發(fā)展觀為統(tǒng)領(lǐng),以貫徹落實(shí)《國家知識產(chǎn)權(quán)戰(zhàn)略綱要》和《山東省知識產(chǎn)權(quán)戰(zhàn)略綱要(2005-2010年)》為主線,緊緊圍繞“增強(qiáng)自主創(chuàng)新能力,促進(jìn)發(fā)展方式轉(zhuǎn)變和產(chǎn)業(yè)結(jié)構(gòu)調(diào)整,支撐經(jīng)濟(jì)社會發(fā)展”這一主題,全省知識產(chǎn)權(quán)保護(hù)工作取得新進(jìn)展。
一、省委、省政府高度重視知識產(chǎn)權(quán)工作
省委常委、宣傳部長李群同志出席山東省扶持動(dòng)漫產(chǎn)業(yè)發(fā)展聯(lián)席會議,研究部署扶持全省動(dòng)漫產(chǎn)業(yè)發(fā)展的工作任務(wù)和具體措施。省政府賈萬志副省長出席第四屆中國農(nóng)業(yè)植物新品種展示暨品種權(quán)交易會。省政府舉辦第九屆中國專利高新技術(shù)產(chǎn)品博覽會暨2008山東文博會,山東省副省長王隨蓮出席。
二、知識產(chǎn)權(quán)法規(guī)政策進(jìn)一步強(qiáng)化
省政府將《山東省知識產(chǎn)權(quán)促進(jìn)條例》列入2008年立法計(jì)劃,并加緊研究制定與山東知識產(chǎn)權(quán)綱要相配套的《山東省人民政府關(guān)于進(jìn)一步加強(qiáng)知識產(chǎn)權(quán)工作的若干規(guī)定》。省人大、省文化廳、省政府法制辦等部門聯(lián)合啟動(dòng)了修改《山東省文化市場管理?xiàng)l例》工作。
三、知識產(chǎn)權(quán)宣傳培訓(xùn)工作扎實(shí)推進(jìn)
省知識產(chǎn)權(quán)相關(guān)部門在“4.26”、“3.15”、知識產(chǎn)權(quán)宣傳周期間,通過發(fā)放宣傳資料、舉辦培訓(xùn)班、高層論壇、召開新聞發(fā)布會、知識產(chǎn)權(quán)問卷調(diào)查、開展知識競賽等形式,積極開展知識產(chǎn)權(quán)知識及法律法規(guī)宣傳普及活動(dòng)。據(jù)不完全統(tǒng)計(jì),知識產(chǎn)權(quán)宣傳周期間,僅全省版權(quán)管理系統(tǒng)共接受群眾咨詢44,200多人次,發(fā)放宣傳資料178,500余份。省高級人民法院召開了新聞發(fā)布會,向社會公布了知識產(chǎn)權(quán)審判十大典型案例。省經(jīng)貿(mào)委發(fā)送保護(hù)知識產(chǎn)權(quán)公益短信100萬條。全省分期、分批、分層次舉辦各種知識產(chǎn)權(quán)培訓(xùn)班40多個(gè),培訓(xùn)人員近萬人。
四、知識產(chǎn)權(quán)保護(hù)力度進(jìn)一步加大
2008年,省知識產(chǎn)權(quán)局組織開展了“雷雨”、“天網(wǎng)”專利執(zhí)法專項(xiàng)行動(dòng),全省共受理專利侵權(quán)糾紛案件161件,查處冒充假冒專利137件。成立了國家知識產(chǎn)權(quán)局專利復(fù)審委員會第四巡回口審?fù)ヒ约?家知識產(chǎn)權(quán)維權(quán)援助中心。全省工商管理機(jī)關(guān)共查處各類商標(biāo)違法案件3385件,收繳和消除商標(biāo)標(biāo)識38.76萬件(套)。全省版權(quán)管理系統(tǒng)共受理各類投訴案件17起。全省文化市場稽查查處案件7910起。全省法院新收一審知識產(chǎn)權(quán)案件2127件。全省各級檢察機(jī)關(guān)共批準(zhǔn)逮捕侵犯知識產(chǎn)權(quán)案件38件59人,提起公訴54 件114 人,年內(nèi)審結(jié)并作出有罪判決37件65人。全省各級公安機(jī)關(guān)共受理各類侵犯知識產(chǎn)權(quán)案件112起,立案偵查98起,破案87起,抓獲犯罪嫌疑人156名,涉案金額5586萬元。青島海關(guān)查處侵犯國內(nèi)企業(yè)商標(biāo)權(quán)案件5起。
五、知識產(chǎn)權(quán)成果擁有量穩(wěn)步增長
2008年,全省的專利申請量為60,247件,專利授權(quán)量為26,688件。全省商標(biāo)注冊申請量33,528件,核準(zhǔn)注冊1.27萬件,有14件商標(biāo)被國家工商總局新認(rèn)定為馳名商標(biāo)。全省共辦理作品登記1061件,涉外版權(quán)貿(mào)易合同登記279項(xiàng)。全省申請和授予品種權(quán)的數(shù)量分別為471件和151件。
Summary of Shandong Provincial Intellectual Property Protection in 2008
In the year of 2008, under the guidance of the important thought of “Three Represents” and the Scientific Outlook on Development, the intellectual property system in Shandong Province took the implementation of the Outline of the National Intellectual Property Strategy and the Strategic Outline of Shandong Province for Intellectual Property (2005-2010) as the key line, and focused on the theme of “improving the capacity for independent innovation, promoting fundamental changes in the economic growth pattern and adjustment of industrial structures, and providing strong support for the economic and social development”, thus making new progress in the IPR protection work.
I. The CPC Shandong Provincial Committee and the People's Government of Shandong Province attached great importance to IPR Work
Li Qun, Member of the Standing Committee and Minister of Publicity Ministry of the CPC Shandong Provincial Committee, attended the Joint Conference on Developing Cartoon & Animation Industry of Shandong Province, and deployed the tasks and specific measures on developing cartoon & animation industry. Jia Wanzhi, Vice Governor of Shandong Province attended the Fourth China National New Varieties of Agricultural Crops Expo & Trade Fair for Variety Rights. The Ninth China National Patent and High-Tech Products Expo & Shandong Cultural Expo, was held in Qufu. Vice Governor of Shandong Province Wang Suilian attended the opening ceremony.
II. The Formulation and Implementation of IPR Policies and Regulations were further Intensified
The Act for the Encouragement of Intellectual Property was brought into 2008 legislative plan by the People's Government of Shandong Province. The formulation of the Regulations of the People’s Government of Shandong Province for the Reinforcement of Intellectual Property Work was also speeded up, to support the implementation of the Strategic Outline of Shandong Province for Intellectual Property (2005-2010). The People's Congress of Shandong Province, the Shandong Provincial Department of Culture, and the Legislative Affairs Office of Shandong Province jointly started the revision of the Administrative Regulations of Shandong Province on the Cultural Market.
III. The Public Education and Training on IPR Yielded Solid Results
During “March 15th International Consumer Right Day”, “April 26th World Intellectual Property Day” and the “Intellectual Property Propagation Week”, the Intellectual Property Administration of Shandong Province and other relevant administrative departments carried out a series of publicity campaigns to disseminate the IPR knowledge and propagate the IPR policies and regulations, by means of handing out brochures and leaflets, providing training courses, holding symposiums and press conferences, conducting intellectual property questionnaire surveys and quizzes, etc. According to incomplete statistics, during the “Intellectual Property Publicity Week”, the administrative system of copyright of Shandong Province alone provided 44,200 person-times of consulting services to the public, handed out over 178,500 copies of promotional materials. The High People’s Court of Shandong Province held a press conference to announce Top 10 typical IPR trial cases to public. 1 million IPR promotional SMS were sent to public, sponsored by the Economic & Trade Commission of Shandong Province. Over 40 IPR training seminars were offered by stages and in batches, with trainees totaling up to nearly ten thousand.
IV. The IPR Protection was Further Enhanced
The Intellectual Property Office of Shandong Province conducted a series of special actions throughout the province for IPR protection, including “Thunder Storm Action” and “Sky Net Action”. Up to 161 patent infringement disputes were accepted and heard, while 137 pieces of counterfeit patents were suppressed. The Fourth Patent Cases Oral Hearing Circuit Court was set up in Shandong by the Patent Reexamination Board of SIPO, and 6 IPR Enforcement Assistance Centers were established. Up to 3,385 trademark violation cases were investigated and dealt with by the administrative organs of industry and commerce, with 387,600 sets of counterfeit trademarks confiscated and destroyed. 17 copyright complaints were accepted by the administrative system of copyright. 7,910 cultural market cases were inspected and investigated, and then processed by the cultural administrative system. Courts at various levels across the province accepted and heard 2,127 intellectual property cases of first instance. People’s procuratorates at various levels across the province approved the arrests of 59 suspects involved in 38 intellectual property cases, and instituted public prosecutions to 114 individuals involved in 54 cases, of which 37 had been closed within the year with 65 indictees convicted of crimes. Public security authorities at various levels across the province accepted 112 IPR infringement cases, of which 98 were placed on file for investigation and 87 were solved. 156 suspects involved in the cases were arrested, while the amount of money involved exceeded 55.86 million Yuan. Qingdao Customs investigated 5 cases involving the infringement of domestic enterprise trademarks, and dealt with the cases according to law.
V. The Number of Approved IPRs Saw Steady Growth in 2008
In 2008, the number of domestic patent applications and that of domestic granted patents amounted to 60,247 and 26,688 respectively. 33,528 applications for trademark registration were submitted, among which 12,700 were approved and issued trademark registration certificates. 14 trademarks were authorized by the State Administration of Industry & Commerce as “National Well-known Trademark”. 1,061 works as well as 279 contracts of foreign copyright trade were registered to obtain copyright protection. The number of plant variety rights applications and that of granted variety rights amounted to 471 and 151 respectively across the province.