2008年,辽宁省积极贯彻落实国家知识产权战略,知识产权保护工作取得了显著成绩。
一、知识产权审批登记工作
2008年,全省专利年申请量为20,895件,比上年增长5.8%;专利年授权量为10,662件,比上年增长10.9%。到2008年底,全省专利申请累计总量为181,747件,专利授权累计总量为91,241件。
2008年,全省商标年注册申请量为9807件,商标注册量为4865件;认定驰名商标8件;注册地理标志3件。到2008年底,全省累计注册商标约9万件;累计认定驰名商标48件;注册地理标志9件。
2008年,全省被批准实施地理标志保护的产品6个。到2008年底,全省共有中国名牌产品60个;经国家质检总局批准实施地理标志保护的产品共有23个。
2008年,全省作品版权登记共计781件,计算机软件登记12件,引进图书类版权合同登记440件,引进电子出版物和计算机软件类版权合同登记21件,输出图书类版权合同登记93件。
2008年,全省获得授权的农业植物新品种32个。到2008年底,全省累计申请农业植物新品种363件,获得授权的农业植物新品种146个;获得授权的林业植物新品种35件。
二、知识产权执法保护工作
2008年,在全省开展了“雷雨”、“天网”知识产权行政执法专项行动,全省共组织专项执法检查31次,出动人员1000余人次,检查商场、销售点、企业等357家,检查商品近百万件,登记注册专利商品500余件。全省工商行政管理机关在保护奥林匹克专用标志专项行动中,共出动执法人员18,000人(次),检查经营户102,865家,检查批发等各类市场812个,立案查处了45件侵权案件,案值约35.5万元,纠正违规行为1062次;在实施食品安全工程等专项行动中,共查处商标违法案件356件,罚款98万元,查处商标侵权案件715件,罚款391万元,查处侵犯外国商标案件91件。全省版权行政管理部门开展了打击非法预装计算机软件专项行动,出动行政执法人员1100人(次),检查各类计算机软件预装市场60余个(次),柜台、摊点500余个(次),处理了20家违法业户。
2008年,沈阳海关共查获涉嫌侵犯知识产权案件32件,立案28件,没收侵权物品148,082件,案值约11万元人民币,行政处罚8人,降低2家侵权企业的的信用等级,保护了9个国家20个权利人的知识产权;大连海关全年共查获侵犯知识产权案件50起,货物342,790件,案值约211万元人民币;2008年作为奥运年,两海关加强了对奥林匹克标志专用权的保护,沈阳海关查获涉奥侵权案件13件,查获侵犯奥运知识产权商品2076件,案值约3.4万元人民币,查处侵权行为人4名,涉及2个国家;大连海关查获侵犯奥林匹克标志专用权案件5起,案值近万元。
三、知识产权司法保护工作
2008年,全省检察机关共批准逮捕侵犯知识产权犯罪案件9件11人,提起公诉侵犯知识产权犯罪案件11件20人。
2008年,全省法院共受理一、二审知识产权民事案件633件,审结548件,结案率为86.6%;审理知识产权刑事一审案件14件,涉案被告人24人,审结9件,涉案被告人19人;受理并审结知识产权行政一审案件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.