2008年，河南省培育自主创新能力进一步得到增强，各类知识产权拥有数量和质量迈上新台阶。
一、知识产权工作取得新进展河南省政府于2008年11月23日颁布实施了《河南省知识产权战略纲要》，为建设创新型河南提供了有力的支撑。各知识产权管理部门积极开展保护知识产权宣传活动，加大商标违法、盗版案件的打击力度，采取措施提升专利申请量，加大打击侵犯知识产权犯罪力度，将知识产权法律法规作为普法重要内容，开展省管企业知识产权的管理和保护工作，把知识产权保护作为项目组织管理的内容，在高校开设知识产权课程。
二、专利工作和商标专用权监管
省知识产权局系统开展各类知识产权宣传培训工作，实施知识产权人才队伍建设工程，开展知识产权远程教育培训，开展知识产权优势企业和优势区域培育工作。2008年，全省专利申请量18,411件，同比增长23.4%；专利授权量达到9133件，同比增长30.5%。开展“雷雨”、“天网”保护知识产权专项行动，处理专利纠纷案件65件，查处假冒专利商品438件，涉案金额600余万元。
河南省政府和11个省辖市政府相继颁发文件，对获得中国驰名商标、省著名商标的企业给予10万－50万元的奖励。省工商行政管理局开展“商标强企”工作。2008年，全省商标注册量近20,000件，累计达80,000余件，年增长10%；5件商标被认定为驰名商标，全省驰名商标累计达28件；认定著名商标236件，著名商标总量已达820件。全年累计查处商标违法案件3931起，涉案金额2743万元，罚款1327万元。
三、版权和音像制品整治
河南省版权局大力推动企业软件正版化工作，首批213家企业已基本实现软件正版化。受理各类作品版权登记8000余件。审核引进版权贸易合同73件；查处侵权盗版案件400余起，网络侵权案件17起；查缴侵权盗版出版物116.3万件，盗版软件33,000张。省文化厅查处侵犯知识产权案件1086起，收缴非法音像制品120万张，罚款313万元。省工业和信息化厅完成27家软件企业认定、91个软件产品登记、20个软件产品的延续。
四、植物新品种、地理标志产品保护
河南省三级农业植物新品种保护行政执法体系已经基本形成。全省被授权保护的农业植物新品种达到144个，农业植物新品种保护申请总量达到441个。全省地理标志保护产品达到33个，拥有中国名牌产品61个，省名牌产品418个，省名牌农产品83个。
五、知识产权司法保护
2008年，全省法院共受理一审知识产权案件1003件。省高级人民法院受理二审知识产权案件62件，审结53件。全省共立侵犯知识产权犯罪案件111起，破案103起,涉案金额9600余万元；抓获犯罪嫌疑人302名，打掉犯罪团伙64个,摧毁制假售假窝点315个。
六、知识产权海关保护
全省企业在海关知识产权备案数量由年初的43件增加到56件，增幅30%；郑州海关开展了以知识产权保护为主的“龙舟行动”，在邮递渠道查获出口假冒香烟两批，共计2448条，案值近25万元。
Summary of Henan Provincial Intellectual Property Protection in 2008
In 2008, the capability to cultivate independent innovation has been further improved while the number and the quality of various intellectual property rights have been raised to a new level in Henan Province.
I. New Progress on the Work of Intellectual Property Rights
On November 23rd, 2008, Henan Provincial People’s Government issued and implemented the Outline of the Intellectual Property Rights Strategy in Henan Province, which provided a forceful support for developing an innovative Henan Province. Meantime, various administrative authorities of the intellectual property rights have actively campaigned to publicize the protection of the intellectual property rights and strengthened the punishment to the trademark infringement and piracy. And relative measures have been taken to increase the number of the applied patents and the laws and regulations on the intellectual property rights have been listed as an important part of the law popularization by the abovementioned authorities. Further more, the intellectual property rights protection was taken as a part of the project organization and management work, and the protection and management work on the intellectual property rights of the provincial-supervised enterprises have been conducted across the whole province,. And the courses on the intellectual property rights have been offered in colleges and universities of Henan Province.
II. Supervision and Administration on the Patent Work and the Exclusive Rights in Using Trademarks
The provincial Department of Intellectual Property has systematically carried out the publication and distance education training work on the intellectual property rights, implemented the project to develop the intellectual property talents as well as launched the work to develop enterprises and regions advantageous on the intellectual property rights. In 2008, the number of the applied patents reached 18,411, a year-to-year increase of 23.4% while the number of the authorized patents reached 9,133, a year to year increase of 30.5%. And in the Special Campaigns on the intellectual property rights protection such as “Thunder Storm” and “Sky Net”, all together 65 patent dispute cases have been settled and 438 fake patent commodities have been investigated. The money related with the abovementioned cases amounted to about 6 million Yuan.
The Henan government and people’s governments of 11 municipalities directly under the administration of the provincial government have successively issued the formal documents, specifying that any enterprise obtaining the “Famous Trademark of China” and “Provincial Famous Trademark” will be awarded the prize of 100,000-500,000 Yuan. The Provincial Industrial and Commercial Administration Bureau carried out the work of “rejuvenating the enterprises through establishing the famous trademark”. There were 20,000 trademarks registration in 2008, an increase of 10% and the total trademark registration reaching 80,000. The five trademarks are recognized as the famous trademarks, and there are 28 famous trademarks on the province level and 236 recognized famous trademarks, making the total famous trademarks in Henan Province up to 820. Totally 3931 cases of violation of the trademark were investigated and punished in 2008 with the amount of the money related with the cases of 27.43 million Yuan and 13.27 million Yuan imposed in fines.
III. Copyright Protection and Control on the Audio-video Products
The Provincial Copyright Bureau greatly promotes the enterprises to conduct the software originalization and the 213 enterprises listed as the first software originalization enterprises had basically accomplished the software originalization. More than 8,000 pieces of various works were registered in the province. 73 business contracts of the copyright introduced were reviewed; More than 400 various cases of the copyright infringement and piracy and 17 cases of network infringement were investigated and treated; 11.63 thousand pieces of various publication with infringing the copyright and with the piracy and 33 thousand pirated software were seized. The Provincial Department of Culture has investigated and punished 1086 cases of the infringement of the intellectual property rights and seized 1.2 million illegal audio-video products and imposed 3.13 million Yuan in fines. Provincial Department of Industry and Information has completed 27 software enterprises authentification, 91 software products register, and 20 software products renew register.
IV. Protection of New Plant Variety & Products of the Geographical Indication
The administrative law enforcement system regarding the protection of new agricultural plant variety of provincial, municipal and county classes in Henan Province was basically established. 144 new agricultural plant varieties gained the authorized protection from the Ministry of Agriculture, and the applications for the protection of the new agricultural plant varieties reached 441. Totally 33 products in Henan Province won the protection of the geographical indication in the whole country. Moreover, there were 61 products appraised as the national famous brand, and 418 products appraised as the provincial famous brand and 83 agricultural products as the provincial famous brand.
V. Judicial Protection on Intellectual Property Rights
The courts in Henan Province accepted 1,003 cases of intellectual property rights for first hearing in 2008. Totally 111 criminal cases concerning the infringement of the intellectual property rights were put into record in the whole province and 103 cases were settled, involving the money of more than 96 million Yuan; 302 criminal suspects were captured, and 64 criminal gangs were swept away and 315 dens manufacturing and selling the counterfeit products were abolished.
VI. Customs Protection of Intellectual Property Rights
The archival filing the customs regarding the intellectual property rights in the whole province increased from 43 in the beginning of the year to 56, an increase of 30%. Zhengzhou Customs undertook the activity of “Dragon Boat” with the protection of intellectual property rights. Two bulks of counterfeit cigarettes were investigated and seized during the mail delivery, totally 2,448 packages and involving the money of nearly 250,000 Yuan.
