组织制定一批国际、国家和行业标准。市质监局指导、服务武汉邮科院、武汉大学、华中数控、华工激光和长飞光纤等高新企业主持制修订国家标准20余项、行业标准30余项。2016年我市主导及实质性参与制定国际标准6项，为我市历年最多，包括武汉邮科院主导制定了支持深度包检测功能的网元机制（ITU-T Y.2772）、武大吉奥公司等主导研制的国际标准《地理信息影像与格网数据的内容模型及编码规则》 (ISO 19163-1)、武汉导航院主导制定的首个全面支持北斗的RINEX标准（3.03版本）等。围绕我市十大重点产业培育和发展技术标准联盟，组建5个技术标准联盟，制定10项联盟标准或团体标准。根据我市高新技术产业倍增计划，在信息技术、智能制造、生命健康三大产业领域，以相应技术创新战略联盟为基础，培育和发展技术标准联盟，促进科技协同创新、品牌联合打造、产业集群发展，科技、标准、产业协调发展。
2016 Intellectual Property Rights Development in Wuhan
In 2016, under the correct leadership of Municipal Committee and Municipal Government, associate members of the Leading Group on Intellectual Property (IP) in Wuhan continued to further implement Outline for Wuhan Intellectual Property Rights (IPR) Strategy (2011-2020) (the 15th document issued by Wuhan Municipal Government in 2011) and Action Plan for Further Implementation of IPR Strategy (hereinafter referred to as the Action Plan), and according to the policy of innovation encouragement, effective application, legal protection, and scientific management, constantly promote the level of IPR creations, applications, protections, managements and services in the city, therefore build a legal and cultural environment which respects and protects IPR and providing strong supports for accelerating the experiments of comprehensive reforms and innovations, building National Innovative City and City Advanced in IPR.
I. Implementation of IPR Strategy
Formulating and implementing the Action Plan. According to a series of new demands from the Party and the State to strengthen the protections and applications of IPR, and in order to further promote scientific and technological innovations, fully enhance comprehensive abilities of IPR, advance the experiments of comprehensive reforms and innovations in our city and build National Innovative City and City Advanced in IPR, the Municipal Leading Group on IP formulated and implemented the Action Plan, presented the guidelines, primary objectives, main tasks and related measures on IPR in our city for the next 5 years, and made specific deployments and arrangements for relevant work.
Building a City Advanced in IPR. Formulated and implemented 2016 Plan for Promoting the Construction of National IPR Demonstration City in Wuhan and passed the annual evaluation for National IPR Demonstration City in 2015. As well as applied for the Construction Pilot City of National Cities Advanced in IPR. According to the requirements from State Intellectual Property Office (SIPO), Vice Mayor Liu Yingzi held special meeting on advancing the process of applying for National Cities Advanced in IPR, and presenting Plan for Advancing the Construction of National Cities Advanced in IPR in Wuhan (2017-2019) to SIPO on schedule.
The construction of National IPR Demonstration Area at Wuhan East Lake High-tech Development Zone has made remarkable achievements. New results showed in National Experimental Zone for Patent Navigated Industrial Development, such as introducing Plan on National Patent Navigation for Optical Communication Industry in Wuhan, formulating and implementing Promotion Plan on Patent Navigation, and preferentially choosing 10 enterprises to launch pilot projects on micro-scale patent navigation. On May 10th, Deputy Director of SIPO, Gan Shaoning and Member of Standing Committee of Municipal Committee, Secretary of the Party Working Committee of East Lake High-tech Development Zone, Hu Lishan jointly inaugurated East Lake National Developmental Experimental Zone for IPR Service Industry Cluster. As a result of implementing Promotion Plan for East Lake National IPR Service Industry Cluster Developmental Experimental Zone, and promoting policy supplies and nurturing as well as introducing service organizations, 16 IPR service organizations have registered in the year 2016, which made the total number as 31 (accounted for 42.4% among the 73 registered IPR service organizations in the whole province).
Wuhan Economic & Technological Development Zone built the IPR pilot area with best policies. At the beginning of 2016, the Administrative Committee of the development zone issued 13th Five-year Period’s Plan on IPR and 2016 Promotion Plan for IPR Pilot Area, which further clarified the job responsibilities among associated departments in the development zone, such as industry and commerce, quality supervision, finance, economy and information, IP, etc., and in September, introduced Policies and Measures on Promoting the Development of Scientific and Technological Innovation, which included the following 5 aspects, encouraging innovations, supporting national, provincial and municipal rewarding policies for innovations, encouraging enterprises to safeguard their IPR, supporting enterprises to pledge and finance their patents and rewarding IPR service organizations.
Each district proactively implemented IPR strategy. Jiang’an District granted 10 enterprises 1.75 million CNY for carrying out patent achievement transformation projects, and 17 start-up small and micro enterprises 1.09 million CNY for their 17 patented technologies; built technology R&D centers in 3 enterprises which had more than 100 patents; 2 enterprises in the district passed the evaluation for Provincial IPR Demonstration Enterprises; hired “intellectual property venture mentors”, and provided services such as patent mapping and mining for enterprises in Huangpu Science and Technology Park, thus promoting their technological innovations. Jianghan District granted 343 thousand CNY to 46 enterprises for their 129 granted patents and 87 software copyrights; recommended 3 enterprises, such as Wuhan Welhel Photoelectric Co., Ltd., Shengjia Electrical Appliances Limited, etc. to apply for Provincial Nurturing Demonstration Enterprises for Protecting IPR Overseas, and 6 enterprises, such as Wuhan Maikesi, Run Laser, etc. to apply for Provincial IPR Construction Demonstration Enterprises; held 4 special lectures on IPR, provided services for 200 enterprises and trained more than 400 people. Qiaokou District increased the subsidy for patent application from 2,000 CNY for each invention patent to 3,000 CNY; advanced the implementation of IPR strategy, as a result, the number of high-tech enterprises in the district reached 35 and Wuhan Newkegu Technology Co., Ltd. has been approved as Provincial Patent Demonsration Enterprise. Hanyang District granted 440 thousand CNY to 310 patent applications; focused on High-tech Industrialization Base for Functional Materials and their Applications in Huangjinkou Industrial Park and Huangjingkou Science and Technology Incubation Base, and implemented the Patent Breakthrough Plan; launched special campaigns against IPR infringement and counterfeiting, especially in department stores, supermarkets, drug wholesale markets, pharmacy chains during IPR Publicity Week; popularized sciences and technologies, IP related policies and common knowledge among enterprises and communities, handed out more than 2,000 brochures. Wuchang District continued to increase IPR funds, the total amount for supporting IPR has reached 2.894 million CNY, benefitted more than 30 enterprises; deepened the scientific and technological cooperation with universities in the district by promoting IPR achievement transformations, setting up Luojia Innovation Angel Fund, building all sorts of developing spaces for Public Entrepreneurship and Innovation, encouraging teachers, students and alumni from Wuhan University to start their own businesses; carried out special patent enforcement operations focusing on pharmacy retail and souvenir markets in the district. Qingshan District increased support for IPR, arranged 500-thousand-CNY special fund to back up patent applications, and the amount of patent applications has been selected as one of the performance goals to be evaluated in the district; organized enterprises to proactively apply for the 3rd batch of IPR Construction Demonstration Enterprises, and Wuhan Survey-Geotechnical Research Institute of China Metallurgical Science and Industry Group Co., Ltd. and Wuhan Kattor Industrial Co., Ltd. have been approved. Various departments in the district, such as science and technology (IP), industry and commerce, culture, etc. jointly launched IPR publicity campaigns, handing out IP related materials and accepting consultations from more than 300 people. Hongshan District strengthened systematic construction of IP, brought the Leading Group on Engineering Pilot Area of National Counties Advanced in IPR into full play, each of the 19 organs directly under the district performed their own duties, coordinated and cooperated with each other, therefore further completed the organization of IP, and improved district-wide IP system; the annul amount of applications for invention patent was 5,200, and the total amount of granted invention patent was 1,755, both ranking 1st among all districts; 3 enterprises have been approved as National IPR Dominant Enterprises, patents from 4 enterprises won the 9th Hubei Patent Prize, and FiberHome Innovation Valley has been approved as one of the 1st batch of Hubei IP Public Entrepreneurship and Innovation Service Base. Dongxihu District subsidized each granted invention patent 5,000 CNY, and each invention patent granted in developed countries or areas received a subsidy ranging from 30 thousand CNY to 100 thousand CNY, which made the total amount of subsidies as 935 thousand CNY. In two consecutive years, namely in 2015 and 2016, enterprises in the district have won the China Patent Gold Prize; built 2 Provincial IPR Demonstration Enterprises, organized 3 enterprises to apply for the 4th batch of IPR Construction Demonstration Enterprises; guided and supported IPR service organizations to closely cooperate with medium and small-sized enterprises, signed up IPR holding agreement with Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau), Cross-Strait High-tech Entrepreneurship Service Center and IP agencies. Caidian District implemented the patent subsidy policy, subsidized 5 invention patents, 65 utility models and 24 designs from 13 enterprises (individuals), which made the total amount as 87 thousand CNY; compiled the catalogue for the administrative powers of District Science and Technology Bureau (District Intellectual Property Bureau), further regulated the processes of patent administrative law enforcement, organized associated staff to take and pass the unified examination for administrative law enforcement officials in the whole province. Jiangxia District attached greater importance to invention patent subsidies, the amount of subsidy increased from 1,000 CNY to 4,000 CNY for each service invention patent granted, and from 800 CNY to 1,500 CNY for each non-service invention patent granted; organized enterprises, including Jinguang Electronics, Taipu Switches, and Rentian Packaging to apply for the 3rd batch of 2016 Provincial IPR Construction Demonstration Enterprises, which all have been approved; organized 6 enterprises, namely Lan Di Environment Protection, QR Phamaceuticals, Sinochem Dongfang, Tiedun Civil Defense, Huayou Tianyu, Hejun Laser to apply for the 4th batch of IPR Construction Demonstration Enterprises. Huangpi District was active in organizing IP agencies and senior patent agents to provide face-to-face services among enterprises, and multiple enterprises to apply for Provincial IPR Demonstration Enterprises, and 3 enterprises, namely Mulan-Tongda, Huiqiang Tech., Sweet have been approved as such demonstration enterprises; District Science and Technology Bureau (District Intellectual Property Bureau) and Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau) carried out 3 joint law enforcement operations in supermarkets and pharmacies in the district and 9 individual ones, inspecting more than 4,000 commodities, concerning 350 patented products. Xinzhou District paid attention to increasing the publicity as well as the education of IPR, during National IPR Publicity Week, Scientific Activities Week, China Patent Week, National Public Entrepreneurship and Innovation Week, National Constitution Day, extensively propagated IPR laws and regulations through all kinds of media, thus improving public’s awareness of IPR; invited senior experts to hold special lecture on innovations, inventions and IP for adolescents at Zhucheng No.2 Primary School.
II. IPR Creations and Applications
The number of patent applications and granted patents increased rapidly, and the patent quality improved significantly. General Office of Municipal Government issued Opinions on Accelerating the Implementation of Patent Doubling Plan (180th document issued by General Office of Wuhan Municipal Government in 2016), explicitly pointing out the goal of doubling invention patents. Municipal Science and Technology Bureau, Administrative Committee of East Lake High-tech Development Zone, Administrative Committee of Wuhan Economic & Technological Development Zone and each district governments all introduced subsidy policies for patent applications. In 2016, the number of patent application in the city of Wuhan was 44,826, with a year-on-year increase of 33.3%, among which the number of invention patent was 20,643, with a growth of 36.9%, breaking through 20,000 for the first time, and more than doubled compared to 9,735 in 2013, which ranked 7th among 15 sub-provincial cities in the whole country. The structure for patent application has been further optimized, with invention patents accounted for 46.1% of the whole patent applications, while the portion of patent applications from enterprises was further enlarged, which accounted for 51.63%, and the total number of applications from enterprises and universities combined accounted for as high as 86.89% among all patent applications. There were 22,925 patents being granted, among which the number for granted invention patents was 6,514, which was up by 8.5% than last year, ranking 8th among 15 sub-provincial cities in the whole country. The number of effective invention patents was 24,460, which increased 24.7% than last year, ranking 6th among 15 sub-provincial cities in the whole country. The number of effective invention patents owned by per 10,000 people in the city reached 23.05, which was 4.08 larger than last year. A total of 712 patent applications under PCT were accepted, with a growth of 84% than last year, ranking 4th among 15 sub-provincial cities in the whole country.
New achievements have been made concerning the personnel, patent examination capacity and business development of Patent Examination Cooperation Hubei Center of the Patent Office of SIPO. The number of overall staff has reached 1,019, while the capacity for patent examination concluded cases went beyond 100,000 in 2016, therefore promoted the ability to serve the construction of regional economy and protect IPR.
Winning China Patent Gold Prize consecutively. In 2016, with 1 gold prize for patent, 8 awards of excellence for patent and 1 award of excellence for design, there were overall 10 projects in our city winning the 18th China Patent Prize. And the patent projects in our city have won China Patent Gold Prize 3 times in a row. The total number of projects in the city winning the 9th Hubei Patent Prize, its Patent Gold Prize, Award of Excellence for Patent, Design Gold Prize, and Award of Excellence for Design was 26, 8, 15, 1 and 2, respectively. The city granted 2.05 million CNY for the 13 projects winning the 17th China Patent Prize in 2015, and among such projects 2 were gold prizes for patent, 10 were awards of excellence for patent and 1 was award of excellence for design.
Guiding enterprises to work on IPR. Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau) organized 3 National IPR Demonstration Enterprises and 21 competitive enterprises to complete their reexamination and evaluation processes, as a result, 5 National IPR Demonstration Enterprises and 13 National IPR Competitive Enterprises were newly approved. And organized 10 national-level incubators to participate in Provincial Project on Promoting the Abilities of Scientific and Technological Enterprise Incubators, and 5 incubators have been approved as the 1st batch of Hubei Constructing Organizations for IP Public Entrepreneurship and Innovation Service Bases. Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau) entrusted Wuhan Intellectual Property Society to hold 3 training seminars on implementing IP management standards for enterprises, with more than 200 enterprises and 400 trainees attended. Municipal Commission of Economy and Information Technology proactively conducted pilot projects on enterprises promoting their IPR application abilities, which included 63 Provincial Pilot Enterprises for Promoting IPR Application Abilities and 21 IPR Application Demonstration Enterprises in the city, which accounted for 49.6% of all the pilot and demonstration enterprises in the whole province; organized and recommended 22 enterprises, including Mayinglong, Kengee, Changxing Electrical, Jianmin, etc. to apply for Ministry of Industry and Information Technology’s pilot and demonstration enterprises for brand cultivation.
Enhancing patent information applications. Introducing Standard on Project Reports of Patent Information Application (regional standard of Wuhan), which was the first regional standard concerning the application of such information. Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau) granted 1.244 million CNY to the patent warning and analysis, patent navigation, IPR evaluation projects conducted by 21 enterprises. East Lake High-tech Development Zone mainly focused on supporting patent mining, mapping, warning and micro-navigation of 30 enterprises, and preferentially focused on supporting 18 enterprises to work on IPR strategic research and implementation.
Conducting IPR evaluations for major economic, scientific and technological activities. Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau) has conducted IPR evaluations for the 1st group of City Partners. Intellectual Property Office of East Lake High-tech Development Zone organized Patent Examination Cooperation Hubei Center of the Patent Office of SIPO to provide IPR (patent) evaluation reports, such as Report on IPR Evaluations for the Introduction of “3551” Optics Valley Talents in East Lake High-tech Development Zone, Report on IPR Evaluations for Memory Chips in East Lake High-tech Development Zone, Suggestions on Attracting Investments for Wuhan Optical Communication Industry, and Suggestions on Introducing Talents for Wuhan Optical Communication Industry, etc., which offered reference to developing strategic new industries and introducing talents.
Rapid development of IPR service industry. As a result of accelerating the process of introducing competitive patent agencies, 13 patent agencies such as CN-KnowHow, China Zhenghe, Shanghai CPTO, etc. came to Wuhan in 2016, making the total number of patent agencies in the city as 50, including 227 patent agents and 218 patent agent assistants, which further enhanced the capacity for IPR service in the city. Wuhan Intellectual Property Exchange and Wuhan Intellectual Property Society jointly founded the first IPR financial innovation research facility in the country, namely the Wuhan IPR Financial Innovation Research and Practice Center.
Brand-building made new progresses. In 2016, Wuhan Administration for Industry and Commerce promoted the service innovation in trademark supervision and the development of agglomeration. The newly increased trademark applications and trademark registrations reached 39,272 and 259,43, with a year-on-year increase of 17.81% and 21.25% respectively. Well-known trademarks increased 10 pieces, with a year-on-year growth of 12.66%. Provincial and municipal famous trademarks increased 90 and 71, with a year-on-year growth of 11.06% and 8.89% respectively. As a result of the increasement of 5 geographical indications reached the amount of 34, which ranked the 1st place among all sub-provincial cities. By the end of 2016, effective registrations of trademarks reached the amount of 34,123,964, well-known trademarks reached the amount of 89, provincial famous trademarks reached the amount of 713, and municipal famous trademarks reached the amount of 1,102 in the city.
Pledge and financing of trademark made a great breakthrough. In 2016, 6 trademark pledge registration applications, involving 96 trademarks, were accepted, and the pledge loans amounted to 314 million CNY.
Copyright demonstration construction achieved remarkable results. In 2016, 17 municipal enterprises and 4 parks were approved as Wuhan Copyrights Demonstration Organization and Wuhan Copyrights Demonstration Park respectively. In addition, 7 enterprises and 3 parks were awarded the title of Hubei Copyrights Demonstration Organization and Hubei Copyrights Demonstration Park. In the announced 6 National Copyright Demonstration Parks (or Bases) and Organizations by National Copyright Administration of the People’s Republic of China in 2016, both of China Optics Valley Creative Industry Park and Hanyangzao Cultural Creation Industry Park were on the list.
Further consolidating the results of installing copyrighted software. On the basis of consolidating the existing results, different districts launched a full coverage work on installing copyrighted software. Wuchang District determined to expand the scope of installing copyrighted software to the Party-masses system. Districts of Wuchang, Jianghan, Qingshan, Dongxihu, Qiaokou invested 5.85 million CNY in total on purchasing more than 7300 sets of copyrighted softwares. Combinating with copyright demonstration building to promote copyrighted software installation in enterprises, two copyright demonstration parks, including China Optics Valley Creative Industry Park and Hanyangzao Cultural Creation Industry Park, and more than 200 enterprises, including Wuhan Press and Wuhan Deepin Technology Co., Ltd. had installed copyrighted softwares.
Carrying out copyright registration funding program actively. The construction of the network platform for filing, examination and application of the copyright registration funding has been done. Throughout the year, 4,838 applications from public for the copyright registration funding were approved, allocated with 2.23 million CNY.
Steadily promoting loan discount by copyright pledging, which was welcomed by enterprises in cultural creativity and animation software fields for example. The funds amounted to 1.6685 million CNY for 4 companies of the first batch had already been allocated in place in 2015.
D. Other Intellectual Property Areas
Organizing and constituting international, national and industrial standards. Wuhan Bureau of Quality and Technical Supervision guided and served high-tech enterprises, such as FiberHome Technologies Group, Wuhan University, Huazhong Numerical Control Co., Ltd., Wuhan Huagong Laser Engineering, Yangtze Optical Fiber and Cable Joint Stock Limited Company (YOFC), to preside over constitution and revision of more than 20 national standards and 30 industrial standards. and the other. In 2016, our city led and substantively participated in constituting 6 international standards, the number of which was the most over the years. For example, FiberHome Technologies Group led and constituted Network support mechanism of deep packet inspection function（ITU-T Y.2772）, GoeStar Information Technology Co Ltd and the other companies leaded and constituted the international standard The content model and encoding rules of geographic information images and grid data (ISO 19163-1), Wuhan Navigation and LBS led and constituted the first comprehensive supported RINEX standard(ver.3.03) for BeiDou Navigation Satellite System. Centering on the city’s ten key industries, our city fostered and developed technical standards alliances, more specificly, organized 5 technical standards unions, and developed 10 union standards or group standards. According to the city’s high-tech industry doubling plan, in the field of three major industries including information technology, intelligent manufacturing and life and health, , fostered and developed technical standards alliances based on the appropriate technology innovation strategic alliances to promoted scientific and technological collaborative innovation, brand joint construction, industrial cluster development, coordinated the development of science and technology, standards, and industry.
Promoting agricultural IPR with multiple measures. Approved by the municipal government, Wuhan crowned as the seeds capital city for Chinese seeds capital city（2016-2025）, and the development plan was brought into municipal special plan, The Third Chinese Seeds Capital City - Wuhan Seeds Exposition successfully held, displayed nearly 3000 new plants from around the country and overseas, introduced a number of new-superior plants as well. In 2016, Wuhan added 123 certificated “San pin yi biao” branded agricultural products, namely pollution free agricultural products, green food, organic agricultural products and geographical indications of agricultural products, among which Jiangxiazilian was granted the certification of national geographical indication agricultural products. Our city has certified 723 “San pin yi biao” branded agricultural products in summary. By conducting training courses, the city added 71 certificated supervision or inspection staffs for “San pin yi biao”.
Ⅲ. The Administrative Law Enforcement and Protection of IPR.
A. Patent Enforcement
During the whole year, Wuhan Science and Technology Bureau (Wuhan Intellectual Property Bureau) together with District Science and Technology Bureau (District Intellectual Property Bureau) carried out administrative law enforcement with more than 300 officers for 36 times, checked 89,000 goods involved in patents. 448 cases including registered and settled patent violations and counterfeiting investigation were filed, some patent infringement disputes cases were mediated, which increased by 42% than last year.
Strongly setting patent counterfeiting violations. The city registered and settled 335 cases concerning patent counterfeiting investigation, with a year-on-year increase of 21%, and the clearance rate was 100%. The city also conducted the “Lightning” campaign for patent enforcement and patent rights protection in e-commerce field, maintained the normal order of network consumption, more than 200 patent counterfeiting cases in e-commerce field were registered and settled. Accelerating the establishment and perfection of mechanisms for patent enforcement and patent rights protection in e-commerce field, establishing the rapid processing mechanisms for patent reporting and complaint in e-commerce field.
Actively mediating patent infringement disputes. 113 different types of cases concerning patent disputes were filed, with a year-on-year increase of 190%, and the clearance rate was 100%.The Administrator taked the advantages of the simple, fast, economic, efficient in administrative mediation in patent disputes, carefully mediated between the parties, sincerely convicted to reach mediation agreements. The patentees of An Integrated self timer device, A tower crane sprinkler system， Sorting machinery， Manipulator(1)， Intelligent material handling device and many other patentees won compensation, besides, enterprises such as Wuhan Kelanjinli Building Material Co., Ltd. and Wuhan Cuiyu Environmental Protection Technology Co., Ltd. sent banners to thank Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau).
Lauching exhibition patent administrative enforcement. Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau) together with Municipal Complaints and Assistance Services Center of IPR Protection stationed in varies exhibitions, such as The 77th China International Pharmaceutical Raw Materials, Intermediates, Packaging and Equipment Fair, The 13th International Optoelectronic Exposition of Optics Valley of China 2016, The 17th China International Mechanical and Electrical Products Exposition 2016, China International Agricultural Machinery Exhibition 2016 to provide efficient, fast, and high quality on-site enforcement and consulting services for exhibitors and owners of IPR, and obtained good results.
Administrating according to the Patent Law. two patent administrative litigations pleaded by Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau) were withdrawed by the plaintiffs.
Organizing and recommending enterprises for entering into the province’s IPR overseas escort campaign. By the recommendation of Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau), 10 enterprises including Wuhan Jingce Electronic Technology Limited by Share Ltd and Wuhan Keda Marble Protective Materials Co., Ltd. were approved as the first batch of IPR overseas escort campaign enterprises with financial supports.
B. Trademark Enforcement
Deepening the special campaign of the crackdown on infringement and counterfeiting. Industrial and commercial system had organized a number of special rectification actions, including : special law enforcement inspection on counterfeit famous liquor from the New Year’s day to the Spring Festival, special enforcement inspection on commodity and electronic products, special protecting action on the exclusive use of a registered trademark Disney, special enforcement action on rectificated crayfish infringement and counterfeiting, special rectification actions on unfair competitions such as striking down anti-counterfeiting and Copycat brand products, special enforcement actions on blowing the violations on the exclusive use of Taurus, Zhou Heiya, Jingshanqiao Rice and other well-known trademarks, special rectification action on trademark agency, “Red Shield” protection for agriculture, and special action on network market regulation. More than 92 serious cases with more than 10,000 CNY was prosecuted in one year.
Continuously carrying out the order-based cracking down on counterfeit goods. The Administrator visited 279 well-known and famous trademarks, geographical indications, time-honored enterprises, collected their appeals for anti-counterfeit goods extensively, also collected 21 clues on anti-counterfeit goods. Through the investigation and verification，19 cases were registered, 19 cases were concluded, the sums involved reached 359 thousand CNY, and 340 thousand CNY was confiscated either. Wuhan Administration for Industry and Commerce made energetic efforts to ask State Administration for Industry and Commerce for focusing on nationwide deployment on the protection of registered trademark Zhou Heiya among 23 industrial and commercial sectors of provinces, autonomous regions and municipalities. Therefore Wuhan realized a coordinating protection on the trademark brand across the nationwide region for the first time.
C. Copyright Enforcement
Wuhan Culture of Bureau concluded68 illegal cases of different kinds with 4.882 thousand CNY penalty, wherein 6 cases prosecuted for criminal liabilities were transferred to the Public Security Organization, 2 cases applied for joint supervision by National Eliminate Pornography and Illegal Publications Office and the Ministry of Public Security. Wuhan Culture of Bureau accepted 602 cases from the superior handling, the mayor line, the "12318" telephone complaints and other types of reports with 100% reply rate, and over 97% satisfaction rate. More than 3 million copies of all types of collections of illegal journals, books, newspapers, over 17,000 pirated audio and video products, over 7,000 pornographic video discs and over 10,000 Falungong leaflets were confiscated in 2016.
D. Relevant Administrative Enforcement
Enforcement of quality and technical supervision. In 2016, the Wuhan Bureau of Quality and Technical Supervision and district departments of quality and technical supervision sent 11,519 officers to conduct inspections on 4,869 enterprises, and handled all kinds of 275 administrative cases, wherein 4 of the 19 serious cases were transferred to the Public Security Organization. 228 cases were concluded with the completion rate of 82.9%. The value of the involved products was more than 6.9 million CNY. The officers destroyed 17 hideouts, fined and confiscated 7.0946 million CNY, and the value of the confiscated counterfeit and shoddy products were more than 2.73 million CNY.
Alcohol intellectual property enforcement. In 2016, Wuhan Alcohol Monopoly Department dispatched 3,876 enforcement officers to check 6,898 entities, 4,642 bottles of fake wine worthy of 325 thousand CNY were finally seized. The officers issued 289 notices of deadline correction, and registered and settled 59 cases, accepted 436 complaints from the citizens , handled out 38 complaint reports to district with 100% return rate, disposal rate, and satisfaction rate..
Agriculture enforcement. Urban agriculture departments dispatched 3,796 enforcement officers to check 8692 agricultural inputs retail stores selling pesticides, fertilizers, seeds, veterinary medicine, feed at all, confiscated and destroyed 15 tons of expired waste and counterfeit agricultural inputs.
E. Customs Protection on IPR
In April 2016, Wuhan Customs issued working regulations on IPR Customs Protection to further regulate the enforcement behavior and to unify the operating procedures, implemented the individual cases’ tracking mechanisms, strengthened the supervision and guidance on the handling process, intensively carried out the “Fair Wind Action” to crack down on infringement cases. According to the arrangements of General Administration of Customs, Wuhan Customs further combated the infringement and counterfeiting, safeguarded the international fame of products made in China, continued to carry out the “Fair Wind Action” in customs areas. In 2016, Wuhan Customs settled 6 infringement IPR cases of intellectual property, seized 2,740 alleged infringing commodities and products, which valued 1.074 million CNY. In April 2016, in accordance with the arrangements of the General Administration of Customs, Wuhan Customs participated in Sino-US Customs joint IPR enforcement action for the first time, emphasised on counterfeit auto parts, pharmaceuticals, consumer electronics products and trademark indications, carried out risk analysis and investigations on mail delivery, express mail, and freight channel exports to the USA，further purified export trade environment in customs areas.
F. IPR Arbitration
In 2016, Wuhan Arbitration Commission accepted 91 IPR arbitration cases，with an increase of 24%over last year, involving underlying value of 71 million CNY with an increase of 113%. The types of the accepted cases increased than ever, such as patent infringement compensation, trademark use and transfer contract, copyright dispute and technical contract, firm use contract, franchise contract, design consulting contract, commercial confidentiality agreements and software development. The mediation rate of the cases was more than 60%.
G. Complaints and Assistance Services of IPR
In 2016, the “12330” hotline of Wuhan Complaints and Assistance Services Center of Intellectual Property, offered IPR consulted services to more than 1,000 people, also offered more than 200 services to enterprises and the public, accepted 87 valid infringement and counterfeiting of IPR complaints, 17 IPR protection assistances, carried out intellectual property volunteer public services for 3 times, organized The First Session of IPR Training Seminar for Wuhan Incubator, and actively explored the establishment of IPR assistance protection mechanisms in e-commerce field and enterprises IPR overseas protection assistance mechanisms.
H. IPR Protection on Foreign Trade
Wuhan Bureau of Commerce strengthened the IPR protection on foreign trade, and paid attention to IPR guidance for foreign trade enterprises. The exhibitors were strictly required to comply with intellectual property laws and regulations in the international exhibitions, so as to avoid intellectual property disputes. The Bureau also strengthened the support for independent innovation of enterprises, and fully supported enterprises to carry out foreign IPR protection, enhanced their abilities of self-protection and awareness.
Ⅳ. The Judicial Protection of IPR
A. Trial of IPR cases
The trail promoted in an orderly manner. In 2016, Municipal Intermediate People’s Court accepted all kinds of 6549 IP disputes (including 376 previously unsolved cases), among which 5626 cases were concluded with a clearance rate of 85.91% and a clearance rate of 91.14% of accepted cases in the same year. 6060 accepted cases of copyright infringement, among which 5270 accepted cases were concluded; 336 accepted cases of trademark infringement, among which 245 cases were concluded; 92 cases of other patent infringement cases, among which 68 cases were concluded; 51 cases of other IPR disputes, among which 43 cases were concluded. 4296 concluded cases, prosecuted by China Audio-Video Copyright Management Association on behalf of patentees, which took place in dozens of KTV and places of cultural entertainment, turned around the serious situation of copyright infringement in karaoke industry. 317 concluded cases of terminal retail sales of counterfeiting and infringement goods, involving international brands LOUIS VITUON, Chivas, PUMA, etc., national well-known brands Guojiao, Midea, Goldlion, OPPLE Lighting, Liushen, Haidilao, MI, Chaotianmen, Feidiao, Sunhoo, Chunghwa, etc., and famous local brands in Wuhan HUANGHELOU, Zhou Heiya, effectively purified the market environment.
Related cases were continuously selected for the national typical cases. Municipal Intermediate People’s Court insisted on paying attention to the frontier hotspot issue in the trial of IP, guided the trial direction of typical case, and clearly defined the focus. In 2016, 3 cases settled by Municipal Intermediate People's Court were selected for the 50 typical cases of Chinese court wherein the “Cai Linji” case related to the ownership of the famous trademark in Wuhan, reflected the deep contradiction of ownership disputes between the time-honored shops under the background of socialist public-private partnership in the founding period of PRC. The case made a great impact, aroused widespread concern in the community.
B. Procuratorial organs accepting IP cases
Strongly blowing on the IP criminal offence. Procuratorial Organ in Wuhan regarded cranking down on IPR infringement crimes, servicing the socialist market economy, maintaining social harmony and stability as the top priority, exploited the full function of Procuratorial Organ, cracked down on IPR infringement crimes. A special group consisted of capable officers was set up for cranking down on IPR infringement crimes, which closely cooperated with relevant departments, played the role of early intervention to guide the investigation, cracked down on crimes against IPR legally, timely and accurately. In 2016, Procuratorial Organ in Wuhan altogether accepted 19 IPR infringement cases involving 31 suspects submitted by the public security organs for arrest, and 15 people were approved arrest in 13 cases, including 3suspected counterfeiting trademark crimes, involving 5 people submitted for arrest, and 4 people were approved arrest in 3 cases; 11 selling goods of counterfeiting registered trademarks crimes, involving 18 people submitted for arrest, and 7 people were approved arrest in 6 cases; 3 copyright infringement crimes, involving 4 people submitted for arrest, and 3 people were approved arrest in 3 cases; 2 infringing trade secrets crimes, involving 4 people submitted for arrest, and 1 people were approved arrest in 1 case.
Exploiting the full function of “Two Law Connection” (Connection between Administrative Law Enforcement and Criminal Justice) in the IPR protection. Municipal People’s Procuratorate innovated the “Two Law Connection” mechanism, strengthened the crackdown on sabotaging against the order of economy market, brought 16 organs with administrative punishment power under supervision，including industry and commerce, tax, drug safety, quality supervision, public health, etc., gradually formed a series of working system including joint meeting, transferring, filing, visiting survey, intervention guidance, supervision and correction. Municipal People’s Procuratorate brought “Two Law Connection” into new life continually, converted the focus of the connection mechanism from the clues discovery to case transferring layer, established “Two Law Connection Information Sharing Platform” in Jianghan District Procuratorate Office, preliminarily realized the real-time dynamic monitoring .
V. The Cultural Development and Personnel Training of IP.
A. Publicity and popularization
Publishing the current situation of IP development and ten typical cases of IPR protection. General office of Wuhan IP Leading Group issued the White Paper of Wuhan IP Development in 2015 and Ten Typical cases of IPR protection of Wuhan in 2015. Municipal Administration of Industrial and Commercial Bureau compiled and published the “Report on Brands Strategy Development in Wuhan” for two years in a row.
Publicizing important IP events. Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau)，Municipal Administration of Industrial and Commercial Bureau and Municipal Bureau of Cultural (Municipal Copyright Bureau) launched significant campaigns which combined with the propaganda occasions such as “3.15” Consumer Rights Protection Day, “4.26” World IPR Day, National IPR Publicity Week, China Patent Week, National Network Security Publicity Week. On April 19, Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau) held the Opening Ceremony of 2016 IP Publicity Week in Wuhan, namely the IP·Qingtonghui” activities at Optical Valley Capital Tower, nearly 300 attendees including venture capital institutions, IP agencies, science-and-technology enterprises incubators, representatives from science technology enterprises and college student’ entrepreneurs. After the opening ceremony, entrepreneurship project roadshows for six entrepreneurships were held, which received 18 investment invitation letters. During IPR Publicity Week, Municipal Administration of Industrial and Commercial Bureau launched 30 campaigns in five categories including theme propaganda, services guidance, business training, law enforcement inspection and special meeting. Municipal Bureau of Cultural held the centralized destruction of piracy and illegal publications of Hubei/Wuhan in 2016 and the activity for “Book donation ceremony on literary campus and healthy reading -nationwide reading and cranking down on pornography and illegal publications in campus” at Hubei University, involving 500 attendees. From April 20 to 26, Wuhan customs organized the IP publicity campaign themed by “Strengthening the application of IPR protection, accelerating the construction of country advanced in IPR” in the customs areas.
Strengthening the press media publicity. Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau) widely publicized the city’s achievements in IPR protection in “Yangtze River Daily” and “China Intellectual Property News”, and formed a new influence. Municipal Administration of Industrial and Commercial Bureau opened up a whole column in “Yangtze River Daily”, systematically showed brands development achievements of the city during the “12th Five-Year”, organized Wuhan TV Station and many other news media to make special reports about the city's trademark brand cluster demonstration zone awarding ceremony. Municipal Intermediate People's Court published the information about IP trial in the “People's Court Daily”, “Hubei Daily”, “Chutian Metropolis Daily” and other press media, and broadcasted on Hubei TV channel, Hubei Economic TV channel and other television media. At the same time, the IP related departments in Wuhan used microblog, WeChat and other media to fully displayed their work performance on IPR protection and application.
Building the brand for college student copyright debate. During the period of IP Publicity Week, Municipal Bureau of Cultural organized the Sixth “Contention of theory and law” law debate of universities in Hubei, namely 2016 College Student Copyright Debate Competition, relying on the Law Debate Alliance of universities in Hubei and the Huazhong Agricultural University, which attracted thousands of teachers and students. Centered round the topic “We should focus on creation protection or on distribution protection in the age of wireless network”, after the fierce final between South-Central University for Nationalities and Huazhong Normal University, the South-Central University for Nationalities won the championship finally. College Students copyright debate had been consecutively held for 6 sessions, the debate won praise from teachers and students and attracted widely attention from general public, which became a brand of Wuhan copyright publicity education in Wuhan, and draw great attention from the leadership of National Copyright Administration.
Conducting forum. On November 3, Administrative Committee of East Lake High-tech Development Zone successfully hosted the 14th international forum “China optics valley” in IP protection at Wuhan International Expo Center. Deputy director of the State Intellectual Property Office Liao Tao, vice-governor of the provincial government Guo Shenglian, deputy mayor of municipal government Liu Yingzi and other leaders attended the forum and made speeches，a number of overseas experts from Germany, Britain and the United States made theme speeches on “Application and Protection of IPR-Construction of country advanced in IPR”, more than 400 representatives attended the meeting. On November 1, 2016, Wuhan Intellectual Property Society successfully held the first “Yangtze River IP forum”, the special guests including the former director of State Intellectual Property Office Tian Lipu, domestic IP famous experts professor Wu Handong and professor Zhang Yumin gave keynote lectures.
B. Education and training
Municipal Science and Technology Bureau (Municipal Intellectual Property Bureau) had launched more than 40 special training about IP, involving Hi-Tech enterprises cultivation and invention patent application, IPR pledge and financing, patent insurance, patent information application, implementing IP management standards for enterprises and many other aspects. The IP information center of China “Optics Valley” in Wuhan held 3 sessions of primary practical seminars on patent analysis for enterprises, the trainees including more than 200 enterprises and more than 300 students, formed 30 research projects on patent practical analysis.
Municipal Administration of Industrial and Commercial Bureau held the “International trademark registration and overseas rights protection course”, 121 people participated in the course, including the key foreign trade enterprises of the city and key staffs from trademark supervision departments. 102 directors of districts Industry and Commerce Administration and the key staffs carried out rotation training on the “Four Books and Five Entry” trademark (Trademark registration proposal book, application instruction book, management indication book, protection and warning book, enter the window, enter the enterprise, enter the mall, enter the park, enter the countryside).
Municipal Agriculture Committee organized 20 IP presentation and training activities, solved consultation from more than 5000 farmers, posted and distributed more than 100,000 copies publicity materials of all kinds. On April 28, Municipal Agriculture Committee held the Lecture of agricultural IP in the city, which attracted directors from divisions and sections, marketing departments and more than 100 agricultural science-and-technology enterprises.
On May 11, 2016, Administrative Committee of East Lake High-tech Development Zone invited the deputy director of the State Intellectual Property Office Gan Shaoning to give a special report on “Several Opinions on Accelerating the Construction of the Nation with Strong IP Competence under the New Situation”, member of Standing Committee of Municipal Committee and Secretary of the Party Working Committee of East Lake High-tech Development Zone Hu Lishan chaired the meeting, more than 200 directors from provincial IP departments and other cities’ IP departments, universities and institutes in the city, Hi-tech enterprises, etc. participated in the meeting.
Wuhan Intellectual Property Institute launched the “Unity of Knowledge and Practice” program. The program covered the forums, salons, lectures, seminars, consultations, trainings, communication and other activities. In July, the society launched the “Unity of knowledge and practice” program, founded Wuhan IP Research and Practice Center for Financial Innovation, and issued certificates for the young and middle-aged IP lecturers in Wuhan. In August, optics valley IP innovation and entrepreneurship salon was set up. In October, on “Wuhan IP experts consulting room” opening ceremony, the IP experts held the first thematic diagnosis salon, answered IP related questions about the Wuhan Douyu Technology Co., Ltd., which won praise from enterprises.
C. Personnel Training
Electing “Yellow Crane Talents (IP field) Program”. Huang Lu from Humanwell Healthcare Co., Ltd., Wu Qifang from Dongfeng motor group co., Ltd., Jin Minghao from School of Law and Business Wuhan Institute of Technology, Ran Congjing from School of Information Management Wuhan University, Jia Liansuo Patent Examination Cooperation Hubei Center of the Patent Office, SIPO, were selected into the 2015 annual “Yellow Crane Talents (IP) Program”, and 2016 annual “Yellow Crane Talents (IP) Program” electing work was started.
Promoting IP quality education in primary and secondary schools. Education departments at all levels paid high attention to IP education, Municipal Education Bureau set up the leading group on IP education, determined Basic Education Department to take responsibility for the organization and implementation of IP education in primary and secondary schools, other departments to closely coordinate with each other according to their job responsibilities. Basic Education Department and Science Station of Education Bureau in all districts implemented the IP education of pilot primary and secondary schools. Pilot schools took discipline infiltration as the main idea, practices as the supplementary means, brought IP knowledge into Comprehensive Practice IP Course”. Primary and secondary schools created IP atmosphere by banners, signs, bulletins, special blackboards, flag-raising activities, morning conferences, evening conferences, class meetings, school boards, show windows and campus radio stations, etc. By hosting the science popularization lecture for students, comprehensive practice curriculum research, thematic class activities, essay (composition) competitions, knowledge contests, blackboard (or knowledge tabloids) and other activities, the schools carried out special education of IP. The schools organized teachers and students to carry out “No more piracy, everyone’s duty” signature campaign, strengthened the concept of “Copyright protection, authorization use, piracy refusal” to form the consciously safeguard IPR of No More Usurpation and Plagiarism of Others’ Work. In November, Wuhan NO.6 High School, Wuhan NO.1 High School, Wuhan NO.11 High School and Wuhan Nan Wangshan primary school of Hongshan District, were approved by Intellectual Property Bureau and provincial Department of Education as “The first batch of education demonstration schools among the provincial primary and secondary schools”.