VIII. Patent Administrative Enforcement

In January 2001, SIPO accomplished the statistics task regarding patent administrative enforcement of 54 patent administrative authorities of the country in 2000.

Before March 15th, the International Consumer Right Day, SIPO circulated the Notice on Anti-counterfeiting Activities of Intellectual Property requiring all local IP administrative authorities to crack down on illegal IP activities in the commodity circulation field during the periods of March 15th, April 26th and July 1st. Local IP offices took independent actions or cooperated with relevant provincial trade bureaus, bureaus for industry and commerce, public security bureaus, bureaus for technical supervision to take unified actions, which not only purified the market but also improved the IP protection awareness of the public and were well received by the society.

In May, SIPO released the Notice on the Feed Back on Administrative Enforcement requiring all local IP authorities to report on their detailed organization restructuring and problems encountered during enforcement, which was well implemented by the local IP authorities. It provided evidence and basis for SIPO to understand the local situation, find out problems during administrative enforcement, and make up further decisions.

According to the Notice on Strengthening Coordination in Prosecution of Intellectual Property Infringement jointly issued by the Ministry of Public Security (MOPS) and the State Administration for Industry and Commerce (SAIC) and the SIPO, on May 23rd, the Coordination and Administration Department of SIPO, together with the Economic Violation Investigation Bureau of the MOPS, and the Trademark Office and the Fair Trading Bureau of the SAIC held the first unified working conference. On the conference, all members reported the situation of handling IP cases and rationalizing and standardizing the market order, and discussed on further strengthening cooperation and exchanging information and so on. After the meeting, SIPO circulated the Notice on the First Unified Conference in 2001 held by the Coordination and Administration Department of SIPO, together with the Economic Violation Investigation Bureau of the MOPS, and the Trademark Office and the Fair Trading Bureau of the SAIC. All local authorities took active measures to implement the Notice.

Within 2001, SIPO cooperated with the Beijing IP Authority to adopt a series of measures for Olympic IP protection.

The statistics showed that in 2001, 977 cases of patent disputes were received by the local provinces, autonomous regions, municipalities under the control of central government, coastal cities and cities specifically designated in the state plan (54 local IP (patent) administrative authorities in total), among which 888 were closed. Among the total cases received, 924 cases were related to infringement, 23 cases were related to patent ownership, 30 cases were related to other disputes. 80 cases were related to inventions, 426 related to utility models, 471 related to industrial designs. Of all the cases closed, 223 were closed upon decisions of the competent authorities, 487 upon mediation, 178 upon the withdrawal of the parties and decision of closure.

From 1985 to the end of 2001, the IP (patent) administrative authorities received a total of 7600 patent disputes, of which 6608 were closed.

In 2001, the IP (patent) administrative authorities prosecuted 413 cases of passing off patents.

2013-07-17