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Summary of Yunnan Provincial Intellectual Property Protection in 2008

2015-01-22

It was the first year for comprehensive implementation of Outline of the National Intellectual Property Strategy. In order to enhance the quantity and quality of independent intellectual property rights, special focus on the core competitiveness of the pillar industry and distinctive industry, in order to effectively play the role of intellectual property rights regime on innovation incentives and protection of role as the goal, the functional departments at all levels of intellectual property in Yunnan province had worked effectively and closely being round the central task, and great progress had been made too.

I. Improved Capability of IPR Creation

Amount of patent applications achieved the province's highest level in history, exceeding 4,000 cases, which reached 2,194 service patent applications, an increase of 70.6%. 201 famous trademarks had been identified in Yunnan province, making the province's total number of famous trademarks reach 636, China's well-known marks 7, and the total number of certification marks of the province’s geographical indications as 10. Copyright output of the province's was 25, and  the input of copyright was 37, with an increase of 92% compared with last year, and a total of 105 works was registered. By the end of 2008, 130 New Agricultural Plant Variety Rights applications were filed, ranking the 13th place in the country. 41 new variety rights were granted, ranking the 13th in the country. A total of 43 new varieties of forestry plants was applied for the country's new variety rights, with 26 granted, and the amount of applications and grants was higher than the national average. At present, the number of the new varieties of flowers and plants in the province reached 36, ranking first in the country.

II. New Progress in Administrative Protection of IPR

With regard to administrative protection of IPR, intellectual property departments at all levels, in accordance with "Thunder Storm", "Sky Net" law enforcement actions of IPR working arrangements, inspected the 3,957 goods marked with the patent marking, 33 cases of passing-off patents, and 16 cases of fake patents, dealt with 33 patent disputes, and concluded 23 cases, and 1 suspected criminal case was handed over to the public security department. Departments of administrations for industry and commerce at all levels investigated and handled 945 cases of trademark infringement, amounting to 12.9869 million yuan throughout the year. Legal actions to protect the exclusive right of the Olympic logo were organized cracking down 121 Olympic logo infringement cases, worth 650,000 yuan. Copyright departments investigated 159 cases of copyright infringement and confiscated all kinds of pirated products, a total of 130,000.  Campaigns to combat counterfeit agricultural materials, support outstanding farmers,and protect farmers were carried out by the province's agricultural departments at all levels. 7,793 markets of agricultural materials and rural bazaars were investigated, 363 households were found operating without a license, and 15,000 kilograms of hybrid maize seed were seized due to lack of license. 38,000 kilograms of fake kinds of hybrid maize were confiscated. The value of seized counterfeit and fake products with the amount of 281.589 million yuan were discovered by the quality and technology supervision departments throughout this year; counterfeit and fake products with the value of the amount of 1.976 million yuan were destroyed; 24 counterfeiting and unlicensed operation sites were destroyed.

III. Strengthened Customs and Judicial Protection of IPR

The Customs of Kunming seized a total of 32 cases of IPR infringement in imported or exported cargo, the value involved was about 1.4 million yuan. The departments of province public security at all levels received a total of 657 cases involving IPR infringement, with 626 of the date placed on file. Among them, 28 of which counterfeited registered trademarks, 13 cases related to the sale of counterfeit trademark goods, 1 of which was an infringement of copyright, and 1 was the other intellectual property rights infringement case. The province's courts heard 218 cases of trial of first instance of intellectual property rights, with a total of 53 concluded cases of trial of second instance of intellectual property rights, thus safeguarding the legitimate interests of rights holders of intellectual property rights and creating a fair and orderly market competition environment.

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