1. Patent Administration

1.1 IP Pilot and Demonstration Work as well as Local IP Work Experienced Stable Advancement and A Sound Mechanism for Innovation Promotion and Protection Have Been Formed Gradually

In 2006, 10 IP pilot cities and 1 demonstration city were newly added. In addition, 4 pilot parks and 1 demonstration park were approved, and 125 pilot companies and organizations were established. In August, the work of nominating and selecting demonstration companies was initiated. By December 2006, there had been altogether 55 pilot cities, 10 demonstration cities, 14 pilot parks, 1 demonstration park and 265 pilot companies and organizations around the country.

1.2 Active Implementation of Patent Industrialization Project

The Office actively implemented the National Patent Industrialization Project, or "Three Constructions", which refers to construction of the promotion mechanism, platform and projects for patent industrialization. By 2006, trial bases for implementing Patent Industrialization Project had been enlarged to eleven spots. With the successful implementation of the Project, these trial bases had cultivated a batch of enterprises with independent IPRs, thereby facilitating adjustment of local economic and technological structure and upgrading industries in related provinces and cities, and fostering new economic growth points.

 

1.3 Closer Cooperation with other Central Governmental Authorities and Better Coordination in Macro Administration of IP

The Office has so far become member unit of various mechanisms related to IP work under the State Council or at interdepartmental level. These include the leading group of National Rectification and Standardization of Market Economic Order, the National Working Group on IP protection, the Joint Working Mechanism of Revitalizing Trade through Science and Technology, the Joint Framework on State Certification and Accreditation, the Regular Communication and Coordination Mechanism with Foreign-invested Enterprises, the Beijing Organizing Committee of the XXIX Olympiad, the Regular Meetings on Pharmaceutical Protection, the Inter-ministerial Joint Framework for National Protection of Biological Species and Resources, and the Organizing Committee of 2010 Shanghai Expo.

1.4 Local IP Work

In 2006, local IP offices have developed into major functional departments of local governments in macro administration, external coordination, joint enforcement and strategy formulation. Various IP coordination mechanisms at local level continued to function well. The institutional construction of IP administrations at municipal level was further enhanced, enabling the setting up of some county-level IP institutions. Local governments, on the basis of their practical conditions, promulgated a series of IP-related policies and adopted various measures to further strengthen IP administration and coordination.

In 2006, two local receiving offices for patent applications were set up respectively in Urumchi and Nanchang. By far, there are altogether 23 such receiving offices across the country.

 

 

 

1.5 Chinese Patent Awards Selection

In the spirit of openness and fairness, the Office successfully organized the nomination and selection of winners for the Ninth Chinese Patent Award. As a result, among all the awards, 15 Chinese Patent Gold Medals were granted.

2. Administrative Enforcement

2.1 All-around Deployment and Orderly Promotion of Enforcement

As a member of the National Working Group for IP Protection, the Office participated in research and formulation of China's Action Plan on IPR Protection 2006, and earnestly carried out the Action Outline for IPR Protection (2006-2007) promulgated by the General Office of the State Council. Special IP enforcement campaigns were launched during the period of March 15 and April 26, focusing on circulation sector by means of patent enforcement inspection and combating illegal patent behaviors in the field of food and pharmaceutical. With energetic support from the public security organs and other governmental departments, remarkable progress was made in combating patent fraud. Besides, the Office also played an active role in organizing China Achievements Exhibition for IP Protection. The Office provided effective guidance to local IP Offices in launching special campaigns on IP protection at exhibitions and fairs, which resulted in positive effect in events like Canton Fair.

2.2 Cooperation with the NPC Standing Committee to Carry Out Inspection of Patent Law enforcement

On May 16, the Patent Law Enforcement Inspection Teams of the Standing Committee of the National People's Congress (NPC) held its 1st plenary meeting, during which SIPO Commissioner Mr. Tian Lipu made the "Report on the Situation of Patent Law Enforcement". Later after the meeting, heads of the Office accompanied the Patent Law Enforcement Inspection Teams of the NPC Standing Committee to inspect local enforcement of the patent law respectively in Shanghai, Jiangsu, Guangdong, Sichuan, Beijing and Liaoning. On 28 June, 2006, the 22nd Session of the 10th National People's Congress Standing Committee held its 3rd plenary meeting to hear the mission report of the Inspection Teams on Patent Law Implementation, at which Mr. Wu Bangguo, member of the Standing Committee of the Political Bureau of the Central Committee of the Chinese Communist Party and Chairman of the NPC Standing Committee was present and Mr. Lu Yongxiang, Vice Chairman of the NPC Standing Committee made the report. Commissioner Mr. Tian Lipu and Deputy Commissioner Mr. Zhang Qin attended the plenary session and panel discussions respectively. After the meeting, the Office submitted correspondence to relevant departments of the State Council for coordinating the implementation of follow-up work. The Office also promulgated and distributed to local IP offices nationwide the "Notification on Implementing Follow-Up Work for Patent Law Enforcement Inspection". On September 27, Deputy Commissioner Mr. He Hua, on behalf of the Office, made the "Report on Implementing Follow-Up Work for Patent Law Enforcement" to the Education, Science, Culture and Health Committee under NPC Standing Committee. In December, the Office drafted the "Report on Implementing the Opinions and Proposals on Patent Law Enforcement by the Inspection Teams of the Standing Committee of the National People's Congress", and submitted it to the General Office of the Standing Committee of the NPC and the General Office of the State Council. To meet the needs of intensifying law enforcement, the Office drafted "Several Opinions on Strengthening Intellectual Property Enforcement and Protection (First Draft)", in order to urge and supervise implementation of the opinions and proposals made by the Inspection Teams and to improve local capacity of law enforcement.

 

 

2.3 Proper Allocation of Resources for Improving the Law Enforcement Coordination Mechanism

The joint framework on law enforcement coordination mechanism was further improved owning to joint efforts made by the Office, Ministry of Public Security, State Administration for Industry and Commerce, National Copyright Administration, Supreme People's Court and Supreme People's Procuratorate. These agencies regularly held coordination meetings and kept enhancing their efforts towards coordination in law enforcement. In the meantime, the Office provided guidance to local IP offices on construction of similar coordination mechanism, and adopted measures to improve law enforcement coordination between local IP Offices in different regions, and thereby established preliminarily responsibility mechanism for patent enforcement coordination nationwide. Furthermore, the Office actively carried out special enforcement campaigns, and made various preparations for IP enforcement in the Beijing Olympic Games and the Shanghai Expo by providing guidance to the Municipal IP Offices in Beijing and Shanghai on research and formulation of IP-related policies and action plans.

2.4 Efficient Handling of Patent Disputes and Effective Protection of Patent Right

In 2006, local IP Offices nationwide received a total of 1,227 patent disputes over infringement and 43 other types of patent disputes. They investigated and handled 33 cases of counterfeiting patents and 933 cases of passing off others' patents. In law enforcement actions, 20,475 officers/times were dispatched to inspect and investigate 7,780 commercial premises and 2,968,249 pieces of goods. 44 cases were transferred to other departments for handling, while received 35 cases transferred from other departments. 469 joint law enforcement actions were organized and 161 cross-region actions were launched.

2013-07-17