In a close pursuance of the general aim of economic and social development of the whole province and overcoming the adverse impact brought by catastrophic earthquake and the global financial crisis, the work of intellectual property protection in Shaanxi province indicated a benign tendency of sustained and rapid development.
I. Patent Protection
2008 saw a total of 11,898 patent applications in Shaanxi, 17.8% higher than the national average increase, ranking the second in western China and the 14th nationwide. The numbers of patent applications and the granted per 1,000,000 persons ranked the ninth and the eighth nationwide respectively. By the end of 2008, the number of patent applications amounted to 64,693, among which 32,223 had been granted.
The People’s Government of Shaanxi Province issued and enacted the Outline of Shaanxi IPR Strategies: 2008—2020 and Shaanxi IPR Strategy Progress: 2008 – 2010 simultaneously on November 14th, 2008. The introduction of IPR incentive policy for enterprises has accelerated the cultivation of IPR advantageous enterprises. In 2008，the number of the enterprise patent applications totaled up to 4,006 pieces, an increase of 50% than that of 2007, and 17.8% higher than the national average increase. The “Thunder Storm” operation was launched to strike against the infringement and forgery of intellectual property and the “Sky Net” operation to fight against patent-related fraud. The establishment of the IPR Safeguarding and Aid Centre has effectively protected the lawful interests of patent holders. The implementation of Wealth Project of Patent Based Start-up has boosted the process of transferring patent technologies to actual productivity. The patent search systems in major cities within Shaanxi province were connected with convenience through the Internet, which can be well illustrated by the following example. After Wenchuan earthquake, Shaanxi Intellectual Property Administration spent only a short period of time to complete the research project – The Earthquake Relief Patent Database CD-Rom, with high pertinence, accuracy, coverage and convenience. The patent technology information had proved to be very helpful for earthquake relief, self-rescue, the recovery and reconstruction of the stricken cities, the development of production, and employment of the victims in Hanzhong and Baoji.
II. Trademark Protection
With Shaanxi Intellectual Property Administration’s efforts to help the enterprises implement trademark strategy by identifying famous trademarks, and to promote the work of increasing the farmers’ income with trademarks by “One Trademark for One Office” Project, 2008 saw a sustained and rapid growth of trademark registration application throughout the whole province. By the end of 2008, there had been an accumulative total number of more than 43,000 registered trademarks in Shaanxi, among which there was a large number of famous trademarks. Besides, Shaanxi Intellectual Property Administration spared no effort to severely strike against trademark infringements. Throughout 2008, 22,000 enforcement officers were assigned out on check, 1,226 trademark cases were investigated and concluded, 2,900 infringement products were confiscated, 15,388 infringement signs were confiscated and destroyed, and 4,278,600 RMB fine was collected. All these actions proved to be effective in protecting the lawful interests and rights of trademark registrants.
III. Copyright Protection
Shaanxi Intellectual Property Administration established working mechanisms for copyright negotiations with some countries and regions, reached a number of agreements of importing and exporting copyrights, and expanded copyright trade. In 2008, 12,445 large electric shopping malls, computer hardware and software shops, and video shops were checked, and 226,000 illegal audio and video products were confiscated. Altogether more than 400,000 illegal audio and video products were destroyed.
IV. Geographic Indication Protection
The four measures “to protect one product for one industry to be competitive, for one local community to be well-off, and for the local economy to grow,” made Geographical Indication products an important industry to boost the local economic growth. By December 2008, a total number of 21 products from Shaanxi province had received state Geographical Indication product protection, ranking the sixth nationwide and the second in western China.
V. Customs Protection of Intellectual Property Rights
The Plan for the Xi’an Customs to Support and Protect the Independent Intellectual Property of the National Enterprises was formulated to help enterprises tackle financial crisis actively, and to support the independent innovation of enterprises and to help the products and service of those enterprises with independent intellectual property to pass through the customs.
VI. Judicial Protection of Intellectual Property Rights
In 2008, the public securities at all levels of the provincial government filed 199 criminal cases related to intellectual property infringement, solved 210 cases, arrested 383 suspects, and retrieved 13,226,000 RMB economic loss. The procuratorial departments at all levels also worked hard to perform their duties in IPR. In 2008, they approved to arrest 13 persons involved in 8 criminal cases related to intellectual property infringements. 28 persons were brought to public prosecution for their involvement in 17 criminal cases related to intellectual property infringements. In 2008, the courts at all levels received 494 IPR cases of civil disputes for both the first and second instance, among which 385 cases was concluded. Other cases related to patent, trademark and copyright disputes were also heard.