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China's Intellectual Property Rights Protection in 2010
2010年中国知识产权保护状况
【法宝引证码】

China's Intellectual Property Rights Protection in 2010 

2010年中国知识产权保护状况


(China National Intellectual Property Administration, April 2011)
 
(国家知识产权局 2011年4月)


The year of 2010 was the closing chapter for the 11th Five-year Plan and the key year to fully initiate the implementation of the national intellectual property(IP)strategy of China. Closely focusing on the central task of economic construction, the Chinese government stuck to the independent innovation program with Chinese characteristics and strengthened the implementation of the national IP strategy. To implement the overall arrangements by Outline of National Intellectual Strategy, relevant ministries in charge of IP protection in China have been strengthening work base and effectively promoting various IP protection from legislation, examination and registration, enforcement, construction of mechanism and capabilities, publicity, education and training, international exchange in line with the concrete arrangements by China's Action Plan on Intellectual Property Protection 2010 and principles of “improving system, strengthening enforcement, emphasizing special campaigns, promoting coordination, enhancing publicity, and regulating administration”. Remarkable achievements have been made in 2010.
 
2010年,是“十一五”规划的收官之年,是中国国家知识产权战略实施全面推进的关键一年。中国政府以经济建设为中心,坚持中国特色的自主创新道路,大力实施国家知识产权战略。为落实《国家知识产权战略纲要》的总体部署,中国知识产权保护各有关部门根据《2010年中国保护知识产权行动计划》的具体工作安排,按照“完善制度、加强执法、突出专项、推进协调、强化宣传、规范管理”的指导方针,不断夯实工作基础,从立法、审批登记、执法、机制和能力建设、宣传、教育培训、国际交流合作等方面有效推进知识产权保护工作的全面开展,成效显著。

 
I. Legislation   一、立法

In 2010, regular IP legislations were made according to the needs of economic and social development with the outcome of steadily improved IP laws, regulations, rules and relevant regulatory documents.
 
2010年,根据经济和社会发展需要,知识产权立法工作有序开展,知识产权法律、法规、规章以及相关规范性文件不断完善。

Patent system has been improved with the completion of the 3rd revision of Patent Law. The amended Implementing Regulations of the Patent Law came into force on February 1, 2011. The amended Patent Law and Implementing Regulations of the Patent Law prescribed stricter conditions to patent granting, improved examination system for patents for design and compulsory license system, added system of preservation of evidence in proceedings, supplemented measures to protect public interests, and strengthen patent protection. In the meantime, 12 regulations like Measures on Patent Administrative Enforcement and Guidelines for Patent Examination were formulated and revised. In particular, Measures on Patent Administrative Enforcement was revised to settle the pressing issues in patent administrative enforcement practices, further standardize the enforcements, and strengthen patent protection.
 
专利法及其实施细则第三次修改工作顺利完成,修改后的《专利法实施细则》于2月1日开始施行,修改后的《专利法》及《专利法实施细则》提高了专利授权标准,完善了外观设计审查制度、强制许可制度,增加了诉前证据保全制度和维护公众权益的措施,加强了专利保护力度;同时,《专利行政执法办法》、《专利审查指南》等12部规章的制定、修订工作基本完成,其中《专利行政执法办法》的修订着力于解决专利行政执法实践中存在的突出问题,进一步规范了专利行政执法行为,加强了专利权保护。

The revision of Trademark Law was pushed forward continuously. In 2009, State Administration for Industry and Commerce (SAIC) submitted the Trademark Law (revised for review) to the State Council. By now, SAIC has finished soliciting public comments from all walks of life and is conducting discussion and study on core issues. At the same time, the revision of supplementary laws and regulations like Implementation Regulations on Trademark Law are being advanced steadily.
 
商标法》修订工作持续推进,2009年国家工商行政管理总局报请国务院审议的《商标法(修订送审稿)》已广泛征求意见并就意见集中问题展开研讨和调研;同时,《商标法实施条例》等配套法规的修改工作稳步推进。

The freshly amended Copyright Law was published on February 26, 2010 and came into force on April 1, 2010. The Measures on the Registration of Copyright Pledge was published on November 25, 2010. Revision and formulation of a series of laws, regulations, and rules were also advanced remarkably, such as Protection Regulations on Copyrights of Folklore, Regulations on Voluntary Registration of Works, Regulations on Legal Payment for Textbook.
 
新修订的《著作权法》已于2月26日公布, 并自4月1日起施行;《著作权质权登记办法》已于11月25日颁布;《民间文学艺术作品著作权保护办法》等法规,《作品自愿登记办法》、《教科书法定付酬办法》等规章的修改和制定工作也取得了积极进展。

The Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights came into force from April 1, 2010.
 
修订了《中华人民共和国知识产权海关保护条例》,并于4月1日起实施。

Ministry of Agriculture (MOA) published The 8th Protection List of Agricultural Varieties of Plants and organized the revision and formulation of a series of regulations, like Regulations on Settling Infringement Cases Involving New Agricultural Varieties of Plants, Examination Regulations of Reexamination Board of New Varieties of Plants of The Ministry of Agriculture and the Naming Regulations on Agricultural Varieties of Plants. Also, MOA drafted Administration Regulations on Registering Ownership of Agricultural Genetic Resources (draft) and formulated Provisional Regulations on Applying for Varieties of Plants in Mainland by Applicants from Taiwan Area (in collaboration with the State Forestry Administration) as well as the Technical Specifications on Quality Control of Geographical Indications of Agricultural Produces (editing guidance)。
 
农业部发布《第八批农业植物品种保护名录》;组织修订和制订了《农业植物新品种权侵权案件处理规定》、《农业部植物新品种复审委员会审理规定》和《农业植物品种命名规则》等规章并形成了送审稿;研究起草了《农业遗传资源权属登记管理办法》(草稿);会同国家林业局联合研究制订了《关于台湾地区申请人在大陆申请植物品种权的暂行规定》;组织制定了《农产品地理标志质量控制技术规范(编写指南)》。

In consideration of characteristics of various IPRs and protection needs, Supreme People's Court (SPC) formulated and published regulatory documents to standardize and unify trial of IP cases. In April, it constituted and published Opinions of the Supreme People's Court on Issues Involving Trial of Administrative Cases Concerning Decisions on Ownership of Trademark. It represented the first normative document which provided guiding rules on judicial review standards for administrative cases involving decisions on ownership of trademark granting. In November, it launched the Circular on Trial of Copyright Disputes Involving Internet Bar, which was intended to specify the trial principles and standards relating to pressing copyright issues involving Internet bars. The drafting of judicial interpretation for civil cases involving monopoly disputes was steadily advanced and initial version was developed for discussion. In addition, SPC assessed and reviewed cases involving recognition of well-known trademarks and formulated specific judicial regulations.
 
最高人民法院根据各类知识产权的不同特点和保护需求,有针对性地制定和发布规范性文件,推进了知识产权审判工作的规范化和统一性。4月,制定并发布《最高人民法院关于审理商标授权确权行政案件若干问题的意见》,首次以规范性文件的方式,对商标授权确权行政案件的若干司法审查标准提出指导性意见;11月,发出《关于做好涉及网吧著作权纠纷案件审判工作的通知》,针对网吧著作权纠纷案件存在的突出问题,及时明确了该类案件的审理原则和具体标准;有关垄断民事纠纷案件的司法解释起草工作稳步推进,已形成会议讨论稿。此外,最高人民法院深入开展认定驰名商标案件的评查,对于驰名商标司法认定进行专项规范。

 
II. Examination and Registration   二、审批登记

2010 witnessed the steady advances in IPR examination and registration and new breakthroughs in terms of quality and quantity.
 
2010年,中国知识产权审批登记工作稳步推进,在质和量两个方面均取得新的突破。

In 2010, State Intellectual Property Office (SIPO) accepted 1,222,286 patent applications in total, exceeding 1 million for the first time and a year-on-year increase of 25.1%. Among them, 1,109,428 were from home, representing 90.8% of the total and a year-on-year increase of 26.4%; 112,858 of which were from abroad, representing 9.2% of the total and a year-on-year increase of 13.9%. Among them, 391,177 were invention patents, representing 32.0% of the total and a year-on-year increase of 24.4%; 409,900 of which were utility model patents, representing 33.5% of the total and a year-on-year increase of 31.9%; 421,273 of which were industrial design patents, representing 34.5% of the total and a year-on-year increase of 19.9%.
 
2010年,国家知识产权局共受理专利申请1,222,286件,首次突破百万大关,同比增长25.1%。国内申请1,109,428件,占总量的90.8%,同比增长26.4%;国外来华申请112,858件,占总量的9.2%,同比增长13.9%。其中,发明专利申请391,177件,占总量的32.0%,同比增长24.4%;实用新型专利申请409,900件,占总量的33.5%,同比增长31.9%;外观设计专利申请421,273件,占总量的34.5%,同比增长19.9%。

In 2010, SIPO granted 814,825 patents, a year-on-year increase of 40.0%; among which, 740,620 were granted to domestic applications, representing 90.9% of the total and a year-on-year increase of 47.6%; 74,205 were granted to foreign applications, representing 9.1% of the total and a year-on-year decrease of 7.5%. 135,110 invention patents were granted, representing 16.6% and a year-on-year increase of 5.2%. 344,472 utility model patents were granted, representing 42.3% of the total and a year-on-year increase of 69.0%; 335,243 industrial design patents were granted, representing 41.1% of the total and a year-on-year increase of 34.3%.
 
国家知识产权局全年共授权专利814,825件,同比增长40.0%。国内专利740,620件,占总量的90.9%,同比增长47.6%;授权国外来华专利74,205件,占总量的9.1%,同比降低7.5%。其中,发明专利135,110件,占总量的16.6%,同比增长5.2%;实用新型专利344,472件,占总量的42.3%,同比增长69.0%;外观设计专利335,243件,占总量的41.1%,同比增长34.3%。

In 2010, SIPO received a total number of 12,917 international applications under PCT, a year-on-year increase of 61.5%. 62,558 international applications entered into China's national phase, a year-on-year increase of 16.6%, including 62,317 invention patent applications and 241 utility model patent applications.
 
2010年,国家知识产权局共受理依据《专利合作条约》提出的国际申请12,917件,同比增长61.5%;进入中国国家阶段的国际申请共62,558件,同比增长16.6%,其中发明专利申请62,317件,实用新型专利申请241件。

In 2010, Patent Reexamination Board of SIPO accepted 12,369 requests for reexamination, up 3,174 compared with that in 2009 and a year-on-year increase of 34.5%. As many as 2,411 requests for invalidation were accepted, up 164 compared with that in 2009 and a year-on-year increase of 7.3%.
 
2010年,国家知识产权局专利复审委员会受理复审请求12,369件,比2009年增加3,174件,同比增长34.5%;受理无效宣告请求2,411件,比2009年增加164件,同比增长7.3%。

In 2010, SIPO accepted 1,108 applications for registration of layout designs of integrated circuits, and 1,009 registrations were announced with certificates.
 
国家知识产权局全年收到集成电路布图设计登记申请1,108件,予以公告并发出证书1,009件。

SIPO recorded a rapidly increasing number of 9,771 patent licensing contracts. Also, it licensed 18,540 patents, registered 362 patent pledge contracts worth of 6,596,960,000 yuan.
 
国家知识产权局全年专利许可合同备案9771件,数量增长迅速,许可专利18,540件。登记专利质押合同362件;质押金额 65.9696亿元。

In 2010, SAIC accepted 1,072,087 trademark applications, exceeding one million and ranking No.1 in the world for nine consecutive years. 1,480,680 trademark applications in total were examined. The duration of examination was reduced to within one year from 36 months and backlog in trademark examination was settled at last two months before the deadline. There were 48,930 applications for opposition, a year-on-year increase of 24.07%; 32,447 applications for opposition were closed, a year-on-year increase of 29.68%. In 2010, SAIC accepted 78,016 applications for trademark renewal, among which 68,141 were settled; 127,995 applications for trademark registration change, among which 111,381 were handled; 86,182 applications for trademark transfer, among which 84,966 were dealt with; 20,524 applications for recording of trademark licensing contract, among which 24,554 were finished; 2,120 special signs and 4 official signs were recorded. By the end of 2010, there were of 8,295,000 trademark applications, 5,628,000 registered trademarks and 4,604,000 valid registered trademarks in total in China, all ranking first in the world. SAIC accepted 382 applications for geographical indications with 269 registered and preexamined. By the end of 2010, an accumulative number of 1,040 geographical indication trademarks were approved for registration and preexamination. An aggregate of 951,200 trademarks for agricultural produces were approved and registered.
 
2010年,国家工商行政管理总局共受理商标注册申请1,072,187件,突破百万大关,连续9年位居世界第一;共审查商标注册申请1,480,680件,审查周期由36个月以上缩短至1年之内,提前两个月彻底解决商标审查积压问题;共受理异议申请案件48,930件,同比增长24.07%,共裁定商标异议案件32,447件,同比增长29.68%;共受理商标续展注册申请78,016件,办理续展注册商标68,141件;受理变更商标注册事项申请127,995件,办理变更注册商标111,381件;受理商标转让申请86,182件,办理转让注册商标84 966件;受理商标使用许可合同备案申请20,524件,办理24,554件;备案特殊标志2120件,官方标志4件。截至2010年底,中国商标注册累计申请829.5万件,累计注册商标562.8万件,有效注册商标460.4万件,均居世界第一。国家工商行政管理总局受理地理标志商标申请382件,注册和初步审定269件;截至2010年底,累计核准注册和初步审定地理标志商标1040件,累计核准注册农产品商标95.12万件。

In 2010, SIAC accepted 16,142 territorial extension applications of Madrid international registration for trademarks from International Bureau of WIPO and Chinese nationals filed 1,820 applications of Madrid international registration for trademarks through TMO. By the end of 2010, there was an accumulative number of 154,302 valid trademarks of Madrid international registration designating China for territorial extension, which made China the No.1 for six consecutive years. Chinese nationals filed accumulatively 11,427 applications of Madrid international registrations for trademarks, which made China rank No.1 in developing countries.
 
2010年,国家工商行政管理总局共受理通过世界知识产权组织国际局提交的马德里商标国际注册领土延伸申请16142件,国内申请人通过国家工商行政管理总局提出的马德里商标国际注册申请1820件。截至2010年底,累计通过马德里体系领土延伸指定中国的申请量为154302件,连续6年位居世界第一;中国申请人提交的马德里商标国际注册申请累计已达11 427件,在发展中国家排名第一。

In 2010, SAIC accepted 72,253 new applications for trademark review in total, a year-on-year increase of 24.9%. Among them, 61,920 cases were rejected for retrial, a year-on-year increase of 22.4%; 10,333 complex cases involved disputes or opposition for reexamination, a year-on-year increase of 41.8%. A total number of 39,220 cases involving trademark review were examined, a year-on-year increase of 9%. Among them, 29,985 reexamination cases were reviewed and rejected, a year-on-year increase of 9.8%. 9,235 cases concerned disputes and opposition for reexamination were reviewed, a year-on-year increase of 9.8%. 103 applications for administrative reconsideration were filed to settle the disputes involving registration proceeding of trademark, a year-on-year increase of 22.6%.
 
2010年,国家工商行政管理总局共收到商标评审案件新申请72253件,同比增长24.9%。其中收到驳回复审案件61920件,同比增长22.4%;收到争议、异议复审等复杂案件10333件,同比增长41.8%。共审理商标评审案件39220件,同比增长9%。其中审理驳回复审案件29985件,同比增长4.9%;审理争议、异议复审等复杂案件9235件,同比增长9.8%。收到涉及商标注册程序性争议行政复议申请103件,同比增长22.6%。

China has been maintaining rapid growth in copyright registration for five consecutive years, with a total number of 81,966 pieces of copyright registered in 2010. The total volume of registered copyrights in China grows from more than 20,000 pieces in 2006 to more than 80,000 pieces thorough the 11th Five-year Plan, increasing by three times with an annual growth rate of 37%. There is an accumulative number of 240,000 pieces of registered copyrights in five years, four times the number in the 10th Five-year Plan. The aggregate volumes of registered voluntary work, copyright contract, and copyright pledge contract grow year by year, reaching 375,649, 502, and 77 respectively in 2010.
 
2010年,中国软件著作权登记量达81966件,连续5年保持高速增长态势,整个“十一五”期间,中国软件著作权登记量从2006年的2万余件逐年递增到8万余件,翻了两番,平均年增速达37%,5年累计总量已达24万余件,是“十五”期间的四倍。2010年全国作品自愿登记量达375649件,著作权合同备案502件,著作权质押合同登记77件,均实现了逐年递增。

MOA and State Forestry Administration (SFA) further strengthened the protection of new varieties of plants in 2010. MOA accepted a total number of 1,206 applications for new varieties of plants from both home and abroad, reaching historic high, including 116 international applications, an increase of 11.5% compared with that in 2009. The annual application volume ranked No.4 among members of International Union for the Protection of New Varieties of Plants (UPOV)。 MOA also optimized the process of examining and testing the application of plant variety rights, granting 666 pieces of plant variety right, an increase of 34.8% compared with that in 2009. MOA also accepted 25 requests for reexamining various new varieties of plants and closed 25 cases, five times that in 2009. By December 31, 2010, there were 7,761 applications for new plant variety rights from both home and abroad in total with 4,214 applications closed and 3,473 granted. The registration of geographical indication for agricultural products was also accelerated. 334 new geographical indications for agricultural product in total were announced and issued certificates in 2010, adding the total number to 536 by the end of December of 2010. SAF accepted 89 applications for new variety rights, preexamining 95 such applications, examining 38 such applications substantively and granting 26 new varieties of plants in 2010. The application and granting numbers of the 11th Five-year Plan period increased by 81% and 115% respectively than the previous five years.
 
2010年,农业部和林业局加大工作力度,植物新品种保护进一步加强。农业部全年受理国内外植物新品种权申请1206件,创历史新高,其中外国人申请116件,较2009年增长11.5%。年申请量居国际植物新品种保护联盟第四位。通过优化品种权申请审查和测试流程,审批效率大大提高,授予品种权666件,较2009年增长34.8%;受理审查各类植物新品种复审请求25件,结案25件,是2009年的5倍。截至2010年12月31日,国内外植物新品种权申请累计达7761件,已结案4214件,授予品种权3473件。农产品地理标志登记不断加快。全年新公告颁证农产品地理标志产品334个。截至2010年12月底,农业部已累计公告颁证农产品地理标志产品536个。林业局全年受理国内外品种权申请89件,对95个新品种权申请进行了初步审查,对38个新品种权申请进行了实质审查。授权植物新品种26件, “十一五”期间申请量和授权量比“十五”期间分别增长81%和115%。

In 2010, the recordation of customs IP protection maintained steady growth. By the end of 2010, GAC had examined and approved 20,194 applications for recordation in total, including 3,035 new applications.
 
2010年,海关知识产权保护备案数量不断增加,截至2010年底,海关总署共核准知识产权备案申请201 94件,其中2010年新增加核准备案3035件。

 
III. Enforcement   三、执法

 
1. Special campaign 1.专项行动

In 2010, IP-related ministries in China further integrated IP enforcement in line with respective functions by improving enforcement mechanisms and strengthening enforcement.
 
2010年,中国知识产权各相关部门结合自身职能,完善执法机制,加强执法力度,知识产权执法进一步形成合力。

To strengthen the IP protection and maintain a fair and orderly market, the State Council of China launched the nationwide Special Campaign against IPR Infringements and Production and Sales of Counterfeited and Forged Commodities (Hereinafter referred to as the Special Campaign)from October 2010 to March 2011. The Special Campaign primarily targeted manufacturing hubs, commodity distribution centers, key regions of rampant IP infringements, production and sales of counterfeited and forged commodities, key fields like press and publishing, culture and entertainment, new and high technology industry, and agriculture, infringements in key commodities like books, audio and video products, software, bulk exporting commodities, auto spare parts, mobile phones, drugs and seeds, etc.
 
为加大知识产权保护力度,维护公平有序的市场环境,中国国务院作出部署,决定自2010年10月至2011年3月,在全国集中开展打击侵犯知识产权和制售假冒伪劣商品专项行动(以下简称专项行动),对产品制造集中地、商品集散地、侵犯知识产权和制售假冒伪劣商品案件高发地等重点地区,新闻出版业、文化娱乐业、高新技术产业、农业等重点领域,图书、音像、软件、大宗出口商品、汽车配件、手机、药品、种子等重点产品的侵权行为进行集中打击和专项整治。

During the Special Campaign, various regions and departments took active measures and implemented action plans to drive the Special Campaign smoothly with remarkable achievements.
 
在专项行动开展过程中,中国各地区各部门积极动员部署,狠抓落实,推动专项行动顺利开展,相关工作取得重要成效。

SIPO issued several documents relating to the Special Campaign, like Circular on Printing and Distributing Action Plan for Special Campaign by IP Administrations and Circular on Further Paying Close Attention to the Implementation of Task Assignments in Special Campaign and Circular on Strengthening Service for Settlement of Reporting and Complaints by IPR Assistance Centers. Also, SIPO strengthened the crackdown on massive and repeated patent infringements, patent counterfeiting as well as the construction of IPR assistance centers and their settlement of reporting and complaints work.
 
国家知识产权局印发《关于印发<知识产权局系统执法专项行动方案>的通知》、《关于进一步抓紧贯彻落实专项行动工作部署的通知》、《关于加强知识产权维权援助中心举报投诉维权服务工作的通知》等文件;加大打击专利领域群体侵权、反复侵权和假冒专利行为力度,加强知识产权维权援助中心建设及举报投诉工作。

IP administrations across China dramatically intensified the patent enforcement with remarkable growth of settlement of patent cases since the implementation of the Special Campaign. From October to December of 2010, 805 patent cases were settled in total, 44.16% of the yearly amount, among which 458 cases were patent disputes, a year-on-year increase of 99.13%; 347 cases involved counterfeiting patents, a year-on-year increase of 101.74%. As many as 7,044 person times of enforcement officials were dispatched, a year-on-year increase of 102.59%; 2,568 business premises were inspected, a year-on-year increase of 96.78%; 732,073 pieces of goods were checked, a year-on-year increase of 89.02%; 478 cross-region enforcement actions were launched, a year-on-year increase of 419.57%. Patent infringements and counterfeiting were severely punished.
 
自专项行动开展以来,全国知识产权局系统专利执法力度明显加强,执法办案量显著增加。2010年10月至12月,共执法办案805件,占全年总执法办案量的44.16%。其中,受理专利纠纷案件458件,同比增长99.13%;查处假冒专利案件347件,同比增长101.74%;共出动执法7044人次,同比增长102.59%;检查商业场所2568次,同比增长96.78%;检查商品732073件,同比增长89.02%;跨地区执法协作478次,同比增长419.57%,有力打击了专利侵权假冒行为。

Administrations for Industry and Commerce (AICs) at all levels across China actively implemented the Special Campaign. By January 7, 2011, a total number of 722,350 person times of enforcement officials were dispatched and 1,694,779 business entities as well as 108,213 wholesale and retail markets and fairs were inspected. 1,372 businesses manufacturing or selling counterfeiting commodities were raided. 16,036 infringement or counterfeiting cases were investigated, including 2,525 involving infringements of well-known trademarks, 2,439 involving exclusive rights of international trademarks and 242 involving exclusive rights of geographical indication trademarks. 91 cases involving sales of fakes via Internet were investigated and settled. 17,397 pieces of complaint and reporting from consumers were accepted and 73,842,010 yuan were reclaimed.
 
全国工商系统积极落实专项行动,截至2011年1月7日,各级工商机关共出动执法人员722,350人次,检查经营主体1 694 779户,检查批发零售市场和集贸市场等各类市场108 213个,捣毁制假售假窝点1372个,立案查处侵权假冒案件16 036件,其中侵犯驰名商标权益案件2525件,涉外商标专用权案件2439件,地理标志商标专用权案件242件。其中查处利用网络销售假冒伪劣商品案件91件,受理和处理消费者申诉和举报17397件,为消费者挽回经济损失7384.201万元。

Focusing on the Special Campaign, copyright administrations nationwide focused on regulating upstream printing and copying businesses, publication market, and combating online infringements and piracy as well as strengthened administrative enforcement and market supervision. By now, initial results were achieved in investigating and cracking major cases with conclusion of 5 cases and 34 cases entered judicial process (55 cases under supervision in total)。 The inspection and correction involving the application of legal software among governments were steadily advanced. 31 central governmental agencies and municipal and district agencies in Qingdao completed the task. Also, the application of legal software among enterprises was actively promoted and 1,621 enterprises inspected reached this goal.
 
全国版权部门集中开展打击侵犯知识产权和制售假冒伪劣商品专项行动,积极落实印刷复制生产源头治理、出版物市场治理、打击网络侵权盗版等重点工作,加强行政执法和市场监管。目前,挂牌督办的55起重大案件已依法宣判5起,34起进入司法程序,查破大要案件工作取得初步成效。政府机关软件正版化检查整改工作扎实推进,已有31家中央国家机关和青岛市市、区两级机关完成检查整改工作。企业软件正版化工作积极推进,经验收已完成软件正版化企业1621家。

GAC prepared specific implementing programs for the Special Campaign. By the end of February, 2011, China Customs detained around 7,389 batches of cargo, involving 44,070,000 pieces of infringing goods valued at 103,000,000 yuan.
 
海关总署专门制定专项行动实施方案,截至2011年2月底,全国海关共扣留侵权货物约7389批次,涉及侵权商品约4407万件,案值约达1.03亿元人民币。

Ministry of Public Security (MPS) launched the Operation Strike of the Sword in line with the Special Campaign. By the end of 2010, public security departments nationwide uncovered 2,049 cases involving IPR infringements and counterfeits worth 2,307,000,000 yuan, captured 4,157 suspects, arrested 930 criminals, raided 916 fake-manufacturing businesses, and wiped out 417 wholesale gangs engaged in selling infringing and counterfeiting goods. 306 major cases valued at over one million yuan each were uncovered, a year-on-year increase of 300%. During the Operation Strike of the Sword, public security departments nationwide cracked a series of major cases, like 7.16 fake medicine case in Beijing, printer consumable case involving HP and Canon by Zhang in Jiangxi province, counterfeited women and infant necessity case by yuan in Shandong province, distribution of fake acoustics equipments via Internet case by Ao in Guangdong province, etc. To ensure rigorous and thorough investigation, MPS sorted out 50 major cases as the first batch of cases under direct supervision and assigned them to local public security departments nationwide as the chief concerns.
 
公安部组织全国公安机关开展打击侵犯知识产权和制售伪劣商品犯罪“亮剑”专项行动。截至2010年底,全国公安机关破获侵犯知识产权和制售伪劣商品案件2049起,涉案价值23.07亿元,抓获犯罪嫌疑人4157名,逮捕930名,捣毁制假窝点916个,打掉批发销售团伙417个。破获案值100万元以上的大要案件306起,各项战果已达到往年同期的3倍。在“亮剑”行动中,各地以侦破大要案件为突破口,成功破获北京 “7.16”特大制售假药案、江西张某制售假冒“惠普”、“佳能”等品牌打印机耗材案、山东袁某制售假冒妇幼用品案、广东敖某利用互联网销售假冒名牌音响器材案等大要案件,并在深入推进“亮剑”专项行动中,将50起大要案件列为公安部“亮剑”专项行动第一批督办案件,下发各地予以重点督导,确保案件做到严查严办、彻查彻办。

 
2. Regular enforcements 2.日常执法

In line with respective functions, IP-related departments strengthened regular enforcement to vigorously advance IPR protection while combating IPR infringements and counterfeits through implementing the Special Campaign.
 
在适时开展专项行动,加大对侵权假冒行为集中打击力度的同时,知识产权各相关部门结合自身职能,加强日常执法,大力推进知识产权保护工作。

In 2010, SIPO issued a host of documents to deploy, guide, and push nationwide enforcement, like Arrangement of Enforcement Activities among Intellectual Property Administrations across the Nation in 2010 and the Guideline on Patent Administrative Enforcement. Intellectual property administrations nationwide effectively restrained the massive and repeated patent infringements as well as patent frauds, deterred criminals, and created favorable conditions for innovation and development through launching special campaigns for IPR enforcement like Thunderstorm and Skynet.
 
2010年,国家知识产权局先后制定印发《2010年知识产权局系统执法工作安排》、《专利行政执法操作指南》等文件,部署、指导、推进全国执法工作的开展。全国知识产权局系统深入开展“雷雨”、“天网”知识产权执法集中行动,大大遏制了群体侵权、反复侵权与专利诈骗行为的发生,震慑了违法分子,对营造创新与发展的良好环境发挥了重要作用。

In 2010, local IP administrations across the country received a total of 1,095 patent disputes concerning infringement and 18 of other types. 728 cases relating to counterfeiting patents were investigated and dealt with. In those actions, 20,646 person times of enforcement officials were dispatched; 10,642 business premises were inspected; and 2,134,668 pieces of goods were checked; 545 trans-department joint enforcement actions were organized and 972 cross-region enforcement actions were launched.
 
全国知识产权局系统共受理专利侵权纠纷案件1095件,受理其他专利纠纷案件18件,查处假冒专利案件728件,出动执法人员20646人次,检查商业场所10642次,检查商品2134668件,跨部门执法协作545次,跨地区执法协作972次。

Centering on the protection of exclusive rights of registered trademarks, the administrations for industry and commerce (AICs) at all levels across China intensified administrative enforcement for trademarks and severely punished trademark infringements and counterfeiting by strengthening verification and protection of well-known trademarks, giving priority to crackdown on crimes relating to infringements of trademarks of foods, medicines and agricultural products as well as exclusive rights of well-known trademarks, geographical indications, and foreign-related trademarks. AICs at all levels across China investigated and dealt with 56,034 cases of trademark violations, among which 7,486 were general violations of trademark, and 48,548 were related to trademark infringement and counterfeiting, 11,524 foreign-related trademark cases were investigated and handled. AICs seized and removed 12,752,200 illegal trademark labels valued at 1,405,610,000 yuan, handed over 175 cases and 163 suspects to judicial authorities for suspected trademark criminal violations. The protection of 2,310 trademarks was extended via verification as the well-known trademarks. Among them, 114 trademarks belonged to foreign nationals which were from 16 countries and regions. The legal rights of trademark owners from both home and abroad were effectively protected.
......
 
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,加大驰名商标认定和保护工作力度,重点查处侵犯食品、药品、农产品商标、驰名商标、地理标志、涉外商标专用权的违法行为,加大商标行政执法力度,严厉打击商标侵权假冒行为,全年共查处各类商标违法案件56 034件,查处一般违法案件7486件,商标侵权假冒案件48548件,其中查处商标涉外案件11524件;共收缴和消除违法商标标识1275.22万件,案值140561万元;移送司法机关涉嫌商标犯罪案件175件,犯罪嫌疑人163人; 对2310件商标通过驰名商标认定进行扩大保护,其中114件为外国注册人所有,分属16个国家和地区有效保护了国内外商标注册人的合法权益。
......

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