In light of the central instruction on the protection of intellectual property by administrative law-enforcement and according to the plan, the State Intellectual Property Office (SIPO) has stepped up efforts on the guidance of law-enforcement and coordination so that protection by law-enforcement in the system has been promoted in a deep-going way.

 

During the period of January ? November 2006, intellectual property offices at all levels accepted a total of 1,120 cases of dispute involving paten tort, 43 other cases about patent dispute, investigated and handled 27 cases of fraudulent patent and 800 cases of false patent. Altogether 19,305 persons/times were dispatched to inspect 2,914,376 cases of commodities at 7,386 business places. The whole system submitted 12 cases to the public security office, accepted 30 cases from other departments and conducted 460 times of law-enforcement with them in cooperation.

 

Since the beginning of the year the SIPO has done a lot of things. First of all, a national conference was held on administrative law-enforcement so that, with a clear understanding of the current situation in mind, SIPO planned its work priorities, having vigorously boosted law-enforcement in the system towards better quality and higher efficiency. We have actively launched inspections of patent law-enforcement in cooperation with the NPC, through which the overall role of coordination of the system was further brought into play and related issues were solved thanks to more attention being paid to intellectual property work by governments at various levels. At the same time, due guidance was given to the local IPO in consummating related systems, providing the base for better law-enforcement. On the other hand, cooperation and communication were strengthened with the Ministry of Public Security, State General Administration for Industry and Commerce, and National Copyright Administration as well as judicial authorities so that a sound mechanism of holding joint conferences among them was set up, thereby having created conditions for heightening the law-enforcement status of local branches of the SIPO . Also in coordination with other departments concerned, we guided local branches to launch special activities regarding intellectual property law-enforcement during the "March 15" and "April 26" campaigns, as a result, law-breaking behaviors of patent swindlers have been cracked down with great efforts, and better preparations made to protect intellectual property according to law during the Beijing 2008 Olympic Games and the World EXPO 2010 Shanghai. Meanwhile, the national responsibility for patent law-enforcement through cooperation was also established so that earnest work could be done to enhance our law-enforcement capability. In regard to coastal and bordering provinces and regions, guidance and promotion was given to help them actively study how to solve issues involving the relationship with neighboring countries in the protection of intellectual property so as to guarantee health development of China's economic and trade relations with them. In respect of statistics and information reporting, still greater efforts were made to improve the statistics and information reporting system, to start a bulletin entitled "Information on IP Law-enforcement " , which timely summarizes and reports information on law-enforcement and protection of various intellectual properties necessary in handling important state affairs, and to build up a special data bank for patent law-enforcement. Seminars on special patent cases were timely organized with printed materials for the participants, and high-level study courses were run for practitioners to raise their level of intellectual property law-enforcement. As required, we joined forces with other departments to sponsor the exhibition of China IP protection to show what achievements were scored by the SIPO system. Besides, after careful study we worked out some opinions regarding IP law-enforcement, guided the establishment and improvement of coordination mechanism, responsibility mechanism and remedy mechanism of law-enforcement for the whole SIPO system, strengthened guidance and further advanced law-enforcement and protection work.

 

Deep-going law-enforcement in the IP department has played an important role as a governmental organ in carrying out the IP protection law, enhanced the energy and vigor of enterprises and R&D institutions to use intellectual properties and foster the confidence of financial institutions in recovering their investments in such R&D.

 

2007-01-08

2007-01-08