Chapter VIII Patent Administrative Enforcement

As deployed by the State Council and guide by the Office, the IP administrations across the nation mainly completed the following tasks.

Held meetings and deployed tasks.  The Workshop on the National Patent Administrative Enforcement Special Campaign was held in January in Haikou, with participants from Ministry of Public Security, IP administrations of provinces, autonomous regions, municipalities, independently-planned cities, vice-provincial cities, model cities.  The Workshop summarized the patent administrative enforcement special campaign from August 2004, awarded a group of elite organizations and individuals, and deployed the patent administrative enforcement special campaign of 2005.  The workshop proposed, Unify thinking, Elevate understanding.  Choose methods, Enhance Capacity.  Execute plans, Intensify supervision.  From August 8 to 12 in Changchun, the Office held a meeting on raiding patent fraud and other severe patent violations.  Heads of relevant departments from the Ministry of Public Security, State Administration for Industry and Commerce, Supreme People's Court and the Supreme People's Procuratorate, chiefs from 20 provinces, autonomous regions, municipalities, and IP administrations of 6 SIPO IP model cities, some SIPO IP pilot cities attended.  The meeting summarized the characteristics of severe patent violations including patent fraud, main measures and difficulties for raiding such violations, confirmed the achievements of the IP system and relevant departments in curbing such violations, elevated understanding, and identified the focuses and methods in fighting the violations.  In October, the Office held the cross-region patent administrative joint enforcement, summarized the experiences of 11 provinces, autonomous regions and municipalities in effectively curbing group violations through the joint enforcement mechanism and promoted the work to progress.

Sent documents and enhanced guidance.  The Office in cooperation with the Ministry of Commerce, State Administration for Industry and Commerce and National Copyright Administration drafted the Methods for the IP Protection at Exhibitions taking into account of the special characteristic of exhibitions to intensify IP protection at exhibitions and maintained the normal order of exhibitions.  The Methods will be implemented in early 2006.  The Office issued the Notice on the Several Matters concerning IP Enforcement Recently (Document 2005.63), requiring the local IP administrations to follow the deployment of the State Council to conduct the extended special enforcement campaign diligently, coordinate supervision of enforcement, further collect and report typical patent enforcement cases and data, intensify IP enforcement at exhibitions, increase transparency of IP enforcement, firmly fight severe patent violations including patent fraud, intensify IP enforcement and coordination, further increase the caliber of enforcement officers and strengthen enforcement capacity.  In an effort to know the enforcement situation of local administrations, the office sent out a letter on enforcement data of the IP administrations (document 2005.226), which established the mechanism, shortened the cycle of reporting data and improved the regular mechanism of reporting enforcement data and typical cases by local IP administrations.

Participated in the organization of State Council's IP Protection special campaign supervision group.  As deployed and required by the State Council, the Office, as a group leader participated in the State Council's IP Protection special campaign supervision.  From November 30 to December 11, Deputy Commissioner He Hua led the NO.5 Supervision Group of officials from the State Council ministries and judicial authorities to Shaanxi and Shanghai, and thoroughly checked their efforts in conducting the campaign.  The Group gave down-to-earth evaluation of their efforts in the past year, confirmed their achievements, pointed out problems and meted out requirements for the next phase of IP protection.  The Group's meticulous and pragmatic attitudes were highly praised by the two local governments. 

Actively participated in the preparation of the Exhibition of Achievements.  Approved by the State Council, the Exhibition on China's IP Protection will be held from April 26 to 27, 2006 in Beijing.  As one of the organizers, the Office actively participated in its preparation.  In September, the Office submitted the outline for the patent right protection section and dispersed the Notice on Holding the Exhibition on China's IP Protection, which was drafted by nine agencies inclusive of the Office, the National Office of Rectification and Standardization of Market Economic Order, CPC Ministry of Information, State Council Information Office, to the IP administrations of provinces, autonomous regions, municipalities and Xinjiang Production and Construction Corp.  The Office also sent out a notice on the request of the submission of exhibition materials and exhibits for the exhibition (Document No.2005.228).  On October 25, Commissioner Tian Lipu held a meeting, studying and deploying preparatory work for the exhibition.  Relevant officials of the Office attended.

Strengthened enforcement coordination.  The inter-agency meeting mechanism among the Office, Ministry of Public Security, SAIC, NCAC, Supreme People's Court and Supreme People's Procuratorate was further improved.  The fourth such meeting was held and a meeting memo was sent to the local authorities.  The mechanism played an important role in strengthening inter-agency enforcement coordination.

Organized compilation of Case Collection of Patent Disputes.  With the support of local administrations, the Office is organizing the compilation of Case Collection of Patent Disputes.

Organized professional training.  The Office held a national training course for patent administrative enforcement officers in Jiuquan, Guansu.  Some 100 enforcement officers from the patent administrations of provinces, autonomous regions and municipalities attended.

Diversified actions of local administrations.  Pursuant to the deployment of the Office, local IP administrations organized substantial and effective special enforcement operations based on their specific conditions and the spirit of creativity.  Their enforcement capability, in particular enforcement coordination capability had been continuously improved.  IP administrations in Hebei, Henan, Hubei and Heilongjiang held meetings on enforcement for their subordinate agencies, summarized and deployed special enforcement operations and strengthened enforcement coordination in real cases.  Shanghai IP Administration continued cooperation and communication with the US and other foreign consulates in the city, in particular exchange of information.  IP administrations of Jiangsu, Zhejiang and Shanghai held a signing ceremony for the Coordinated Yangtze Delta Patent Administrative Enforcement Agreement.  The Second Joint IP Cooperation Meeting for Pan Pearl River Delta was held in Sichuan.  Hong Kong SAR IP Department and Macao Economic Bureau signed the Joint IP Cooperation Agreement for Pan Pearl River Delta with nine provinces in mainland, intensifying IP coordination including enforcement coordination.  With the efforts of the Hubei IP Administration, Hubei Provincial Government listed fighting patent fraud as one of the priorities of the provincial government's actions against business frauds.  Coordinated by Hubei and Wuhan IP Administrations, Wuhan Police Department, Hongshan Branch investigated and apprehended five criminal suspects.  A preliminary victory was achieved in fighting patent awarding crimes.  Guangdong and Guangzhou Administrations had new breakthroughs at Guangzhou Trade Fair.  At the 97th Trade Fair, the Administration assisted the organizer in the preparatory work, established and improved an IP protection office, ameliorated the policies, sent out the Opinions on Strengthening IP Protection at the 97th Guangzhou Trade Fair, secured each link of the Fair and increased IP publicity and education.  The Administrations assisted the Fair to handle 203 complaints of IP violations, 773 complained companies and 425 confirmed alleged violators.  All three numbers dropped 8%, 16% and 9% respectively from last year.  The percentage of alleged violators out of all attendants dropped from last year's 3.51% to 3.46%.  The number of complaints concerning patents was 158 and 511 companies were complained with 268 of them confirmed alleged violators, numbers dropping 10%, 27% and 16% from the last event.  This indicated the measures and methods adopted at the Fair in recent years were effective.  The fight against IP violations had achieved preliminary victory.  In addition, for the a more streamlined mechanism, IP protection office in three municipalities, Beijing, Tianjin and Shanghai were set in the cities' IP administrations. 

In general, IP administrations in the country became more active in enforcement in 2005.  Provincial IP administrations received 1,313 patent disputes, received 284 other patent disputes, handled 362 cases faking others' patents and 2,808 cases faking patent identities, dispatched 28,522 officer times, checked 10,660 commercial premises and 8,918,943 pieces of goods, transferred 15 cases to the police, accepted 23 cases transferred from other departments and coordinated enforcement with other department 1,534 times. 

2013-07-17