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| China's Intellectual Property Rights Protection in 2004 | | 2004年中国知识产权保护状况 |
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（国家知识产权局 2005年4月） |
In 2004, the governments at various levels in China further kept highly recognition on intellectual property right （IPR） issues and strengthened the protection for IPR. And the Lead Group of IPR Protection of the State Council, directed by Vice Premier Wu Yi, was set-up in the year. | |
2004年，中国政府高度重视和进一步加强知识产权工作。以吴仪副总理为组长的国家保护知识产权工作组成立。 |
In 2004, grand progress in IPR area was achieved in China. Three kinds of patent applications accepted by the State Intellectual Property Office （SIPO） amounted to more than 350 thousand, and the trademark registration applications accepted by Trademark Office under the State Administration for Industry & Commerce （TMO） were more than 760 thousand. New achievement was made in copyright protection. And customs protection for IPR entered in a new phase in 2004. The public security authorities and the culture administrative departments at various levels of Chinese government sternly combated the IPR infringement and piracy. Plant Varieties Right （PVR） protection proceeded fairly effectively. The level of IPR judicial protection elevated constantly. The international cooperation in IPR issues was observed exploring a new area and achieving new development. | |
2004年，中国知识产权工作取得重要进展。中国受理三种专利申请35万余件，受理商标申请76万余件。版权保护工作取得新成果。海关知识产权保护工作进入一个新时期。公安、文化部门严厉打击侵权盗版活动。植物新品种保护工作卓有成效。知识产权司法保护水平不断提升。知识产权国际合作进一步开拓和发展。 |
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| I. The Government of China Further Highly Regarded IPR Protection | | 一、中国政府进一步重视知识产权保护工作 |
The government of China had always highly regarded IPR protection issues. In 2004, the State Council of China set-up the Lead Group of IPR Protection directed by the Vice Premier Wu Yi. The Lead Group of IPR Protection was composed by twelve related central authorities including the Supreme Court, the Supreme People's Procuratorate （SPP）， the Ministry of Commerce （MOC）， the Ministry of Public Security （MPS）， the State Administration for Industry & Commerce （SAIC）， the National Copyright Administration （NCAC）， the SIPO, the General Administration for Customs of China （GACC） etc. The responsibility of the Lead Group of IPR Protection is to direct and coordinate IPR protection issues at national level, and to supervise the disposal of some outstanding IPR involved cases. Under the unified arrangement of the Lead Group of IPR Protection, a multiple departmental co-operation system for IPR administrative enforcement was established in the government of China. Every segment of IPR protection issues was linked up and coordinated under the direction of the Lead Group of IPR Protection. The IPR publicity and training issues at national level were specially deployed by the Lead Group of IPR Protection, and related issues proceeded effectively. Up-to-date, similar IPR protection workgroups had been set-up in every provincial local government, and carried out daily work and special intellectual property protection enforcement in the manner of Uniformly Directed at National Level, Responded by Local Government, Coordinated and Directed by Inter-departments of Involved Authorities, and Jointly Conducted by Multiparty of Related Issues. | |
中国政府一直高度重视知识产权工作。2004年，国务院成立了由最高人民法院、最高人民检察院、商务部、公安部、工商总局、国家版权局、国家知识产权局、海关总署等十二个部门组成的国家保护知识产权工作组，国务院副总理吴仪任组长。国家保护知识产权工作组负责领导并统筹协调全国的知识产权保护工作，督办重大案件。在工作组的统一部署下，中国建立了跨部门的知识产权执法协作机制，加强了工作的衔接和协调。工作组还就全国范围内知识产权的宣传、培训工作做了具体部署，卓有成效地开展了相关工作。目前，各省、自治区、直辖市也相应成立了保护知识产权工作组，按照“全国统一领导、地方政府负责、部门指导协调、各方联合行动”的工作格局开展日常工作和专项知识产权行政执法。 |
From Jun. 20 to 22, when Premier Wen Jiabao was inquiring on-the-spot in Shandong province, he noted that international competition in the future world be the competition of IPR, and would specially be focused on the competition of top-ranking technologies and top-ranking products. He also addressed that we should inspire outstanding domestic enterprises to build-up top business brands at the world level, in the strategic viewpoint of achieving the nation's prosperity and the nation's great renaissance. | |
2004年6月20日至22日，国务院总理温家宝在山东考察时指出，世界未来的竞争就是知识产权的竞争，集中表现在一流的技术、一流的产品。他指出，要从实现国家繁荣昌盛和民族伟大复兴的战略高度出发，鼓励我国的优秀企业争创世界顶级品牌。 |
On Jan. 13, Vice Premier Wu Yi addressed in the National Patent Conference that “ whether the economy of China could be harmony with the economy globalization trend, in great extent depends on whether our country could further and quickly improve national IPR system, depends on whether our country can quickly develop the ability of independently owned IPR creation, management, enforcement and protection, depends on whether domestic enterprises can quickly improve the ability and capacity of mastering and managing IPR system, and the capacity of creating core technology with independently owned IPR . She stressed, we should strongly promote the enforcement of National Intellectual Property Strategy, to serve for promoting the country's economy development, reinforcing the country's international competition ability, guaranteeing the national interest and economy safe. | |
1月13日，国务院副总理吴仪在全国专利工作会议上指出："我国经济能否真正融入经济全球化的大潮，很大程度上取决于我国能否加快完善知识产权制度，加快提高自主知识产权的创造、管理、实施和保护能力；取决于我国的企业能否尽快提高掌握和运用知识产权制度的能力和水平，尽快提高创造拥有自主知识产权的核心技术的能力"。她强调指出，大力推进实施知识产权战略，为促进国民经济发展，增强国际竞争力，维护国家利益和经济安全服务。 |
On Apr. 20, on the China High-Level Workshop on Intellectual Property Rights and Economy Development, jointly conducted by the SIPO, the Development & Research Center （DRC） of the State Council and Organization for Economic Co-operation and Development （OECD）， the Vice Premier Wu Yi made a written address. Wu Yi noted in the written address, that the government of China would readily learn advanced experiences from every country across the world, refer to the measures that the governments of other countries and enterprises and related international organizations had taken in improving the ability of IPR management, to further improve Chinese IPR system, and to practically strengthen the establishment of the ability of IPR enforcement and IPR protection, to more positively serve the development of Chinese economy and social affairs. Wu YI also stressed, the government of China had chosen to take a stout attitude towards improving IPR system, enhancing the awareness of IPR in the public, and protecting IPR effectively and rationally. | |
4月20日，在国家知识产权局、国务院发展研究中心与经济合作与发展组织（OECD）联合举办的中国知识产权与经济发展高级研讨会上，吴仪副总理书面致词。吴仪在致词中说，中国愿意学习世界各国的先进经验，借鉴其他国家政府、企业以及有关国际组织在完善知识产权管理方面的做法，进一步健全与完善中国的知识产权制度，切实加强执法和保护能力建设，为中国经济社会的发展发挥更加积极的作用。吴仪还指出，中国政府在完善知识产权制度、提高全社会知识产权意识、合理有效地保护知识产权方面的态度是坚决的。 |
On Aug. 26, the General Office of the State Council issued the Action Plan for Special Operation of Intellectual Property Protection. The Action Plan reads that the State Council has determined to spend about one year to conduct a special action in IPR protection across the country, in order to effectively suppress IPR （patent, trademark copyright, etc.） infringement, strongly inspire the awareness of IPR protection in the public, promote the innovation in the science & technology and create a well atmosphere for hi-tech industry development, fulfill the acceptance on China's entrance to the WTO, and regulate market economy order. | |
8月26日，国务院办公厅发布保护知识产权专项行动方案。方案指出，为了有效遏制侵犯商标权、著作权、专利权等行为，增强全社会知识产权保护意识，促进科技创新，营造发展高新技术产业的良好环境，履行加入世界贸易组织的承诺，规范市场经济秩序，国务院决定，用一年左右的时间，在全国范围内开展保护知识产权专项行动。 |
On Aug. 27, the State Council presided the National IPR Protection Special Operation Teleconference, the Vice Premier Wu Yi, the commissioner of the Lead Group of IPR Protection, noted that we should fully be convinced of the importance and imminence of IPR protection issues, and we should uniform our thoughts, ascertain our mission, pick up prominent issues, sternly and successfully conduct the battle of IPR protection special operation, suppress various kinds of IPR infringement, inspire the IPR protection awareness in the public, help China build a well-recognized appearance in the international occasion, and promote the coordinated development of economy and social affairs. | |
8月27日，国务院召开全国保护知识产权专项行动电视电话会议，国务院副总理、国家保护知识产权工作组组长吴仪指出，要充分认识保护知识产权的紧迫性和重要性，统一思想，明确任务，突出重点，坚决打好保护知识产权专项行动这一战役，遏制各种侵犯知识产权行为，增强全社会知识产权保护意识，树立我国良好的国际形象，促进经济社会协调发展。 |
On Aug. 30, Mr. Lu Yongxiang, Vice Chairman of Standing Committee of the National People's Congress （NPC）， led more than ten members of the Committee of Education, Science, Culture, Health （CESCH） of NPC, to visit the SIPO. Lu Yongxiang fully affirmed what the SIPO had achieved in the past, and demanded the SIPO to intensify the IPR protection power and strengthen the research of IPR Strategy. On Sep.2, the SIPO reported its works to the Plenary Session of the CESCH of the NPC. Hereafter, the legal enforcement examination workgroup of the CESCH accompanied by the leaders of the SIPO examined patent administrative enforcement issues respectively to related provinces. | |
8月30日，全国人大常委会副委员长路甬祥率人大教科文卫委员会十余名委员视察国家知识产权局，对知识产权工作给予了充分肯定，并要求加大知识产权保护力度，加强知识产权战略研究。9月2日，国家知识产权局向全国人大教科文卫委员会全委会汇报工作。此后，国家知识产权局领导分别陪同人大教科文卫委员会执法检查组分赴有关省区进行专利法执法检查。 |
On Dec.22, the Supreme Court and the SPP jointly issued the Interpretations on Several Issues on Application of Law for Trial of IPR Criminal Cases by the Supreme People's Court and the Supreme People's Procuratorate （hereafter named as Judicial Interpretation）， for the purpose of prosecuting criminal action of IPR infringement and maintaining the order of socialism market economy. The criterion of setting crime and calculating criminal obligation was clearly defined by the Judicial Interpretation. And the threshold of receiving criminal obligation was sharply debased, for example, the criterion of receiving the crime of counterfeiting registered trademark, the crime of selling goods labeled counterfeited registered trademark, the crime of illegally manufacturing registered trademark design and the crime of infringing copyright was debased to 50 thousand RMB illegal sales from respectively 200 thousand and 100 thousand RMB, and to 30 thousand RMB illegal interest from 50 thousand RMB. Definite explains to some readily misread nomenclatures in the provisions of the Criminal Law were supplied and regulations applying issues on infringement in the export and import and pirated works online were figured out by the Judicial Interpretation. In addition, sanction principle of committing different crimes was made out, criterion of receiving unites crime was debased, and the provision for complicity was supplied by the Judicial Interpretation. | |
12月22日，为了依法惩治侵犯知识产权犯罪活动，维护社会主义市场经济秩序，最高人民法院、最高人民检察院联合公布《关于办理侵犯知识产权刑事案件具体应用法律若干问题的解释》。新的司法解释明确了定罪量刑标准，大幅度降低了刑事责任门槛，对假冒注册商标罪，销售假冒注册商标的商品罪、非法制造注册商标标识罪和侵犯著作权罪的起刑标准从非法经营数额20万元和10万元降低为5万元，违法所得数额由5万元降低为3万元；新的司法解释对刑法条文中易引起分歧的术语也做了规定，解决了关于“进出口侵权”和“在线盗版”的法律适用问题。此外，新的司法解释还明确了触犯不同罪名时的处罚原则，降低了单位犯罪的标准，增加了共犯的规定。 |
The issuance of the Judicial Interpretation for IPR related criminal obligations was another great measure taken by Chinese judicial system for strengthening IPR judicial protection. And a firm basis was constructed for intensifying IPR criminal judicial protection power, combating the criminal action of IPR infringement effectively, maintaining the order of market economy, constantly enhancing the level of Chinese IPR protection. | |
知识产权刑事责任司法解释的出台，是中国司法机关加大知识产权司法保护的又一重大举措，为进一步加大对知识产权的刑事司法保护力度，有效打击侵犯知识产权犯罪，维护市场经济秩序，不断提高中国知识产权的法律保护水平打下了坚实的基础。 |
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| II. New Achievement Made Again in Patent Issues | | 二、专利工作又有新发展 |
In 2004, a total of 353,807 patent applications were accepted by the SIPO, an increase of 14.7% over 308,487 of the previous year. 1,592 international patent applications were accepted by the SIPO. And the SIPO received 518 requests for international preliminary examination and completed 534 international preliminary examination reports as well. | |
2004年，国家知识产权局共受理专利申请353，807件，比上年的308，487件，增长14.7％。2004年国家知识产权局共受理国际申请1，592件，共收到国际初步审查请求书518件，完成国际初步审查报告534件。 |
On Mar. 17, the total patent applications had been accepted by the SIPO amounted to 2 million, and the second one million increase took about 4 years and 2 months in comparison with about 15 years taken by that of the first million. The patent application in China achieved leapfrog increase. On Mar.12, the SIPO formally opened its Patent Application Electronic Filing System. By Dec. 31, a total of 4,239 electronic patent applications were accepted by the SIPO. | |
3月17日，中国受理的专利申请总量突破200万件，与第一个100万件历时15年相比，第二个100万件仅用了4年零两个月时间，实现了专利申请的跨越式发展。3月12日，中国电子专利申请系统正式开通，截至12月31日，共受理电子申请4，239件。 |
By Dec. 31, 2004, a total of 2,284,925 patent applications had been accepted by the SIPO. Of these applications, 1,874,358 were from domestic applicants and 410,567 were from overseas applicants, respectively accounted for 82% and 18% of the total. | |
截至2004年12月31日，国家知识产权局共受理专利申请2，284，925件，其中国内申请1，874，358件，国外申请410，567件，分别占总量的82%和18%。 |
In 2004, 190,238 patents were granted by the SIPO, an increase of 4.4% over 182,226 of the previous year. Among the total granted patents, 151,328 were from domestic applicants, an increase of 1.2% over 149,588 of the previous year, and 38,910 were from overseas applicants, an increase of 19.2% over 32,638 of the previous year. | |
2004年，国家知识产权局共授予专利权190，238件，比上年的182，226件，增长4.4%。其中国内专利授权151，328件，比上年的149，588件，增长1.2％；国外专利授权38，910件，比上年的32，638件，增长19.2％。 |
By Dec. 31, 2004, the total patents had been granted by the SIPO were 1,255,499. Of these granted patents, 1,093,268 were from domestic applicants and 162,231 were from overseas applicants, respectively accounted for 87.1% and 12.9% of the total granted patents. | |
截至2004年12月31日，国家知识产权局授权专利总量为1，255，499件，其中国内1，093，268件，国外162，231件，分别占总量的87.1%和12.9%。 |
In 2004, the features of patent application and patent approval in the SIPO were appeared as following: （1） The increase trend of patent application and patent approval gradually became smooth in comparison with that of the previous year. The total three kinds of patent applications had a 14.7% increase over that of the previous year, and was observed 7.4 percentages reduction in comparison with 22.1% increase of the previous year. The increase rate of total three kinds of granted patents was 4.4%. The scale of increase fell relatively sharply compared with that of 2003. （2） Invention patent applications continued to increase considerably. In the point of application number, the SIPO received 130,133 invention patent applications respectively from domestic and overseas applicants, a 23.6% increase over that of 2003. The increase rate had exceeded 20% for 5 years. In the point of applicant structure, domestic applicants filed 65,786 invention patent applications through the year, and overseas applicants filed 64347. The application structure formed in 2003 that domestic applications surpassed overseas applications was maintained in 2004. （3） Annually industry design patent applications for the first time exceeded 100 thousand, and ranked the first in application in the world. Of all the applications more than 90% were from domestic applicants. （4） Most patent applications from domestic applicants were utility model and industry design. And the invention patent applications accounted for 23.6% of total applications, the proportion was higher than that of the previous year. That was to say, the quality of domestic patent applications in some extent was higher than that of 2003. （5） The granted invention patents continued increased sharply. 49,360 invention patents were granted by the SIPO, achieving a 32.9% increase compared with that of the previous year. The overstocking of pending patent applications abated further. | |
2004年专利申请与授权的特点是：（1）与上年相比，专利申请与授权的增长势头趋于平稳。三种专利申请总量同比增长14.7%，比上年的22.1％下降7.4个百分点，三种专利授权总量同比增长4.4％，比上年的增长率下降较多。（2）发明专利申请继续保持良好的增长势头。从申请的数量来看，全年共收到国内外发明专利申请130，133件，比上年增长23.6%，连续五年以超过20％的速度增长；从国内外构成来看，全年国内申请65，786件，国外申请64，347件，维持了2003年以来国内申请高于国外申请的局面。（3）外观设计的申请总量首次突破10万件，年申请量居世界第一，其中90％以上是国内申请。（4）国内以实用新型和外观设计申请为主，国内发明专利申请量占到国内专利申请总数的23.6％，该比例高于上年，这表明国内专利申请的质量有所提高。（5）发明专利授权量进一步大幅增长。2004年全年发明专利授权49，360件，比上年增长32.9%，发明专利审查积压状况进一步缓解。 |
In 2004, a total of 2,768 requests for patent re-examination were accepted by the SIPO. It was 955 more than that of 2003, and was observed an increase of 52.7% over that of 2003. Among all of the requests, 2,744, 99.1% of total annually petitions, were filed by those who were not satisfied with the rejection in the essential examination process and those who were not satisfied with the decision in invention patent revocation process. 1,447 re-examination requests cases were concluded in 2004, and 2,561 were pending until the end of 2004. In 2004, 1,904 requests were filed for the patent invalidation, 91 more than that of 2003, or an increase of 5%. 1,667 cases were concluded in 2004, and 1,817 cases were pending until the end of 2004. | |
2004年国家知识产权局受理复审请求2768件，比2003年增加了955件，增长了52.7%。其中，涉及对审查部门驳回发明专利申请决定不服的复审请求和对发明专利权的撤销请求审查决定不服的复审请求2，744件，占当年请求总量的99.1%；全年复审请求审理结案1，447件。截至2004年底正在审理的复审请求案件为2，561件。全年受理无效宣告请求1，904件，比2003年增加了91件，增长了5%。全年无效宣告请求审理结案1，667件。至2004年底正在审理的无效宣告请求案件为1，817件。 |
According to related statistics, 1,455 patent disputation involved cases were accepted by provincial level local IPR offices across the country, 1,215 were concluded through 2004. In 2004, the provincial local IPR Offices accepted 1,983 passing-off of patent cases and concluded 1,934, as for counterfeiting patent involved cases, the numbers were respectively 345 and 343. | |
据统计，2004年全国各省、自治区、直辖市知识产权局受理专利纠纷1，455件，结案1，215件。受理冒充专利行为案件1，983件，结案1，934件，受理假冒他人专利案件345件，结案343件。 |
In 2004, 244 applications for the registration of layout designs of integrated circuit were received by the SIPO, and 205 were published and issued certificates. By Dec. 31 2004, the SIPO had received a total of 682 applications for registration of layout designs of integrated circuit, and 571 were published and issued certificates. | |
2004年，国家知识产权局收到集成电路布图设计登记申请244件，予以登记公告并发出证书205件。截至2004年12月31日，国家知识产权局共收到集成电路布图设计登记申请682件，予以登记公告并发出证书571件。 |
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| III. Strengthened Administrative Enforcement in Trademark Protection | | 三、商标保护工作加大行政执法力度 |
In 2004, all kinds of trademark related applications had a continuous and substantive growth in China and amounted to 762 thousand, an increase of 163 thousand or 27.16% over 599 thousand of 2003. The increase was especially apparent in trademark registration application area. The trademark registration applications amounted to 588 thousand, an increase of 136 thousand or 30.04% of that of 2003. Only through 3 years, the number of trademark registration applications achieved more than twice （2.17） to that of 2001, the first year when China was a member of WTO. The number of trademark related applications and trademark registration applications in China had respectively ranked the first in the world for three years. The total of trademark registration applications had added up to 3,556 thousand in China. | |
2004年，我国的商标注册申请量持续大幅增长，各类商标申请的总量达76.2万件，比2003年（59.9万件）增长16.3万件，增幅达27.16%。其中商标注册申请量增幅尤为明显，商标注册申请量达58.8万件，比2003年增加13.6万件，增幅高达30.04%，是加入世界贸易组织的2001年的2.17倍，仅三年便翻了一番还多。中国的各类商标申请总量和商标注册申请量已连续三年居世界第一。中国的商标注册申请累计总量已达355.6万件。 |
In 2004, 587,926 trademark registration applications covering both goods and services were accepted by the TMO. Trademark registration applications from overseas applicants added up to 60,335 accounted for 10.26% of total applications. The first time did it exceeded 60 thousand （15,936 therein were Madrid applications for territorial extension）。 | |
2004年，国家工商行政管理总局商标局（以下简称“商标局”）共受理商品和服务商标申请587，926件，其中国外申请首次超过6万件，达到60，335件（其中马德里商标国际注册领土延伸申请 15，396件），占总申请量的10.26％。 |
In 2004, 25,049 registered trademark renew applications, 14,667 registered trademark opposition applications, 51,270 registered trademark change application, 54,946 registered trademark assignment applications, 6,827 registered trademark revocation & cancellation applications, 18,043 registered trademark licensing contract record applications were accepted by the TMO. | |
商标局受理续展商标申请25，049件，受理异议商标申请14，667件，受理变更商标申请51，270件，受理转让商标申请54，946件，受理注销、撤销商标申请6，827件，受理商标使用许可合同备案申请18，043件。 |
In the year, there were 244,852 trademark registration applications examined and 266,619 applications approved by the TMO. A total of 43,916 registered trademark change applications, 58,013 registered trademark assignment applications, 23,964 registered trademark renew applications, 43,725 registered trademark revocation & cancellation applications, 2,120 trademark opposition adjudication applications, 21,262 putting registered trademark licensing contract on record applications were handled. | |
商标局共审定商标244，852件，核准注册商标266，619件，办理变更注册商标43，916件，办理转让注册商标58，013件，办理续展注册商标23，964件，注销、撤销注册商标43，725件，办理商标异议裁定2，120件，办理商标使用许可合同备案21，262件。 |
In 2004, there were 153 well-known trademarks granted by the TMO and the Trademark Review & Adjudication Board under the SAIC （hereafter named Trademark Review & Adjudication Board）。 There were 151 registered trademarks and 2 non-registered trademarks, 125 from domestic enterprises and 28 from foreign enterprises. | |
2004年，商标局和国家工商行政管理总局商标评审委员会（以下简称“商标评审委员会”）先后依法认定驰名商标153件，其中有注册商标151件，未注册商标2件；有中国企业商标125件，外国企业商标28件。 |
In 2004, there were 10,144 trademark review applications received by the Trademark Review & Adjudication Board. Of these applications, 8,060 were filed for review of dismission of trademark registration application and cancellation of registered trademark, accounted for 80.5% of total applications; 1,978 were filed for review of trademark opposition adjudication and adjudication on disputation over registered trademark, accounted for 19.5% of total applications. Through the past year, there were 6,305 trademark review and/or adjudication cases handled by the Trademark Review & Adjudication Board. Of these handed cases, 6,034 were filed for review of dismission of trademark registration applications and cancellation of registered trademark, accounted for 95.84% the total; 262 were filed for review of trademark opposition adjudication and adjudication on disputation over registered trademark, accounted for 4.16% the total. In 2004, the Trademark Review & Adjudication Board had acted as a party in administrative litigations for111 times, 48 cases were appealed therein. | |
商标评审委员会全年共收到商标评审申请10，144件，其中驳回商标注册申请和撤销注册商标复审申请8，060件，占总申请量的80.5%；商标异议复审申请和商标争议裁定申请1，978件，占总申请量的19.5%。全年，商标评审委员全年共审理商标评审案件6，305件，其中审理驳回商标注册申请和撤销注册商标复审申请6，043件，占总审理量的95.84%；审理商标异议复审申请和商标争议裁定申请262件，占总审理量的4.16%。全年应诉法院案件111件，其中商标评审委员上诉案件48件。 |
In 2004, various levels of administrations for industry & commerce across the country focusing on exclusion right protection of registered trademark, further strengthened trademark administrative enforcement. Four special operations successively were carried out to protect the exclusion right of registered trademark. A series of important and outstanding trademark related cases were completely investigated and dealt with. The interests of registered trademarks holders and consumers received effective protection, and the fairly competition order of market economy was actually maintained. According to the statistics, 51,851 trademark violation related cases covering different categories, 38.31% more than that of 2003, were investigated and dealt with by various levels of administrations for industry & commerce across the country. Of these cases, 5494 were foreigner-related, 1.6 times more than that of 2003. And of total trademark related violation cases, 40,171 were trademark infringement & counterfeit involved, 51.66% more than that of 2003,in addition to 11,680 normal trademark violation. In all dealt with trademark infringement & counterfeit involved cases, about 3,8951.8 thousand pieces of trademark violation related marks were seized and ruined; 280,781 sets of instruments-marks printing moulds and printing plates ect. -specially used for trademark infringing were seized; 5,638.53 tons of violation goods were seized and destroyed; 268 million RMB was fined; 96 cases and 82 involved persons were transferred to judicial system for criminal liabilities. | |
全国各级工商行政管理机关以保护注册商标专用权为核心，进一步加大商标行政执法力度，先后开展了四次保护注册商标专用权专项行动，严厉查处了一批商标大案要案，有效保护了商标注册人和消费者的合法权益，切实维护了公平竞争的市场经济秩序。据统计，2004年全国各级工商行政管理机关共查处各类商标违法案件51，851件比2003年增加38.31%，其中涉外商标案件5，494件，比2003年增加了1.6倍。在查处的51，851件违法案件中，商标一般违法案件11，680件，商标侵权假冒案件40，171件，比2003年增加了51.66%，收缴和消除商标违法标识3，895.18万件，收缴专门用于商标侵权的模具、印版等工具280，781件，没收、销毁侵权物品5，638.53吨，罚款2.68亿元，移送司法机关追究刑事责任案件96件，涉案人员82人。 |
Before the April 26 IPR Protection Publicity Week, a special operation to combat fake manufacturing & selling and to protect IPR was carried out by seven provincial level administrations for industry & commerce in Beijing, Shanghai, Hebei, Shandong, Jiangsu, Zhejiang, Guangdogn provinces or cities directly under the central government, under the uniform arrangement of TMO. According to the statistics, in the special operation, more than 36 thousand person-times had been dispatched; more than 106 thousand various enterprises, emporiums, marketplaces and mark-printing enterprises had been investigated; about 1,280 trademark infringement or trademark counterfeit cases had been accepted or initiatively instituted, and investigated or dealt with; and more than 2,400 thousand pieces （sets） of infringement goods were banned or seized. | |
在4·26“保护知识产权宣传周”之前，商标局统一部署北京、上海、河北、山东、江苏、浙江、广东七省、直辖市工商行政管理机关开展打击制假售假、保护知识产权专项行动。据统计，在此次专项行动中，七省、直辖市工商行政管理机关共出动执法人员3.6万余人次，检查各类企业、商场、市场和商标印制企业10.6万多户（个），立案查处商标侵权假冒案件1，280余件，查封或扣押各种侵权商品240余万件（套）。 |
Directed by the unified arrangement under the Action Plan of Conducting Special Operation for Exclusion Right of Registered Trademark Protection issued by the SAIC, various levels of administrations for industry & commerce across the country launched several special operations for protection of the exclusion right of registered trademarks in the latter half of 2004. According to the statistics, in the past three concentrated special market regulating actions, more than 24 thousand trademark infringement related cases were investigated and dealt with, 3,828 cases therein were trademark infringement foreign factors involved. More than 25,289 thousand pieces of trademark infringement suspected marks and 103 thousand pieces （sets） of instruments specially used for infringement marks printing were seized. 23,082 thousand pieces of infringement goods and 29 thousand pieces （set） of instruments special for infringement goods manufacturing were seized and destroyed, about 160 million RMB were fined. 75 cases and 43 suspects were transferred to the judicial system.
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根据国家工商行政管理总局《开展保护注册商标专用权行动方案》的统一部署，全国各级工商行政管理机关在下半年开展了保护注册商标专用权专项行动。据统计，在三次集中整治行动中，全国各级工商行政管理机关共查处商标侵权案件2.4万件，其中涉外商标侵权案件3，828件。共没收侵权商标标识2，528.9万件（套），没收专门用于制造侵权标识的工具10.3万件（套），没收、销毁侵权商品2，308.2万件，没收、销毁专门用于制造侵权商品的工具2.9万件（套），罚款人民币1.6亿元，移送司法机关案件75件，移送司法机关涉嫌犯罪的人员43人。
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