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2013年南京市知识产权保护状况
撰写时间:2017年05月22日

2013年,南京市继续围绕“聚焦‘四个第一’,实施创新驱动战略,打造中国人才与科技创新名城”目标,大力贯彻实施国家、省、市知识产权战略纲要和《2013年国家知识产权战略实施推进计划》,扎实推进知识产权保护各项工作,成效显著。 

  一、立法建制 

  2013年,南京市知识产权政策、法规体系不断完善。 

  市知识产权局修订《南京市知识产权战略专项资金管理办法》,安排财政预算专项资金1900万元,用于推进企业专利信息利用、企业知识产权战略推进、重大专利技术二次开发和产业化等。制定出台《南京市实施专利保险试点工作的意见》,探索知识产权质押融资险种,构建专利保险服务体系。印发《南京市“正版正货”承诺推进计划示范街区创建工作实施办法(试行)》,倡导诚实、守信、合法经营,营造流通领域尊重和保护知识产权的氛围。 

  二、审批登记 

  2013年,全市知识产权数量和质量取得新突破。 

  南京市专利申请总量为55103件,同比增长29%,其中发明专利申请达22482件,同比增长37%,位居全国同类城市第四。发明专利授权达4735件,同比增长7%,位居全国同类城市第三,全省第一。每万人有效发明专利拥有量已达21件,位居全国前列。新认定市专利产业化基地2家,累计10家。2013年获得国家专利金奖1项,优秀专利奖13项。获省专利金奖2项,优秀专利奖20项。 

  南京市商标注册新申请量17000件,有效商标注册量71300件。新申请马德里注册商标24件,总量累计215件。全年新申报中国驰名商标31件,新认定中国驰名商标7件,中国驰名商标总量累计80件;新认定省著名商标77件,再认定省著名商标120件,省著名商标累计394件;新认定市著名商标126件,再认定市著名商标174件,市著名商标累计743件;新培育市品牌基地5家,全市共拥有省品牌培育基地2家,市品牌培育基地19家。 

  南京市版权局作为作品登记机构,全年完成作品登记7699件。 

  三、执法监管 

  1.专项行动 

  2013年南京市“双打”工作深入推进,在扫黄打非、整治假冒伪劣食品药品、商标保护执法、农资打假、软件正版化等专项行动中,严厉打击各类侵犯知识产权和制售假冒伪劣商品的违法行为,净化市场环境,维护良好的市场秩序。南京市打击侵权假冒工作领导小组办公室全年共编发打击侵权假冒工作简报25期,21家成员单位有关侵权假冒工作宣传报道159篇,11个区宣传报道226篇。 

  全市相关行政机关打击侵权假冒立案1459件,其中重大案件20件;涉案总金额3522.64万元,其中重大案件金额 1923.13万元。办结案件1154件,其中重大案件50件;涉案总金额16542.83万元,其中重大案件金额8206.04万元。移送司法机关案件22件,其中重大案件20件;涉案金额2562.04万元,其中重大案件金额1576.09万元。捣毁侵犯知识产权和制售假冒伪劣商品窝点136个。 

  2.日常执法 

  市知识产权局制定《南京市2013年知识产权执法维权“护航”专项行动方案》,部署全市专利执法工作。会同省、区知识产权局出动执法人员300余人次,先后在鼓楼、建邺、雨花台、江宁、六合、高淳等区开展专利行政执法检查,抽查五星电器大卖场、沃尔玛超市、欧尚超市、华润苏果超市、苏宁电器、众彩物流、金鹰奥莱城等10余家大卖场的近5000余件商品,并对涉嫌假冒专利的行为进行立案查处。全年假冒专利立案148起,结案148起,同比增长20 %;专利侵权纠纷立案13件,结案6件。 

  市工商系统加强注册商标和地理标志注册商标管理,依法查处滥用、冒用、伪造等违法行为。市工商局印发《全市工商系统2013年打击侵犯知识产权和制售假冒伪劣商品的工作意见》,开展“护航品牌”专项活动,保护“双灯纸”、“ 射阳大米”、 “金陵冷冻”、 “A.O.史密斯”和“麒麟”等地理标志注册商标和驰著名商标。针对服装、箱包鞋帽、化妆品类商品集中开展打击“假洋品牌”专项执法行动。全系统共出动执法人员735人次,检查商场、专卖店406个,检查超市、美容健身场所213个,立案查处案件8件,案值207.14万元,没收物品2161件,罚没款70.45万元。全年共查处商标侵权案件219件,案值684万元,罚没款413万元。 

  市版权局组织协调文化、公安、工商、城管等部门出动行政执法人员11000人次,检查各类出版物经营单位及摊点4400家(次)。捣毁非法出版物批销窝点46个,收缴各类非法出版物126000余册(盘),行政罚款24万元。办理行政处罚案件12起,移送公安机关2起。其中,“1.10”网络侵权案被全国“扫黄打非”办公室和公安部列为挂牌督办案件,抓获犯罪嫌疑人13名,查扣“论文通行证”网站涉案服务器38台、现金300余万元、现金本票200万元。该案涉案数据库容量达2T,共有论文9000多万篇,涉案金额1067万余元。调解音像制品著作权纠纷8起,被侵权人分获3000-9000元不等赔偿金。完成23家企业软件正版化工作。 

  市质监系统共立案查办555件案件,办结案件532件,涉案货值金额2.23亿元。其中大要案件110件,重大行政处罚(罚没款超过10万元)案件36件,移送司法机关案件37件。“于沈、赵赛楠夫妇销售假冒百家好品牌系列服装案”被江苏省知识产权局评为“2012年江苏省知识产权十大典型案件”。“南京八百度数码公司制售假冒硬盘案”被公安部和质检总局评为全国“两法”衔接典型案例。 

  市农委印发《2013年全市农资打假专项治理行动实施方案》加大专项检查力度。全市农业系统共出动执法人员4580余人次,检查农资及兽药饲料生产、经营和使用单位2397家次,整顿农资市场、规模养殖场340个次,查处种子、农药、肥料和兽药饲料案件92起。 

  南京地区海关单位采取知识产权保护措施143起,查处涉嫌侵权货物物品近5.3万件,价值人民币281.8万余元。对南京关区2008年以来知识产权案件罚没的侵权货物物品进行集中摸底清理,共清处175起结案案件在库63万余件、价值360余万元的货物、物品。 

  3.司法工作 

  2013年,全市司法机关进一步加大知识产权司法保护力度。 

  全市法院受理知识产权民事案件1538件,其中商标权纠纷612件,著作权纠纷599件,专利权纠纷150件,植物新品种纠纷26件,知识产权合同纠纷33件,不正当竞争纠纷13件,集成电路布图设计纠纷3件,商业秘密纠纷9件,其他知识产权纠纷93件。共审结各类知识产权民事案件1503件,案件申诉、申请再审率为0,调解、撤诉率达77%。一批涉知名品牌企业的案件,如 “海底捞”、“老凤祥”、“361°”、“LV”等,均以调解结案,实现“案结事了”。徐斌与南京名爵实业有限公司、南京汽车集团有限公司、北京公交海依捷汽车服务有限责任公司等侵害商标专用权纠纷案和南京圣文刚、南京奥杰制衣有限公司侵害商标权纠纷案分别入选最高院的“十大创新性案件”和“五十个典型案例”。 

  全市法院共受理知识产权刑事案件40件,其中假冒注册商标罪12件、销售假冒注册商标商品罪14件、侵害著作权罪10件、非法制造、销售非法制造的注册商标标识罪1件、侵害商业秘密罪3件。共审结知识产权刑事案件37件, 27人获刑,罚金总额近千万元。此外,市法院受理知识产权行政案件7件,审结7件。 

  市法院受理知识产权涉外案件58件,其中德国12件、法国27件、美国14件、日本2件、意大利2件、英国1件。另受理涉港澳台地区纠纷6件。 

  全市检察机关共受理提请批准逮捕涉侵犯知识产权犯罪案件32件51人,批捕20件27人,受理提请起诉涉侵犯知识产权犯罪案件70件127人,提起公诉58件120人。办理一批影响重大的知识产权案件,如鼓楼区院办理的陈超、童世民侵犯著作权案(南京“4.16”制售盗版教辅图书案)被全国“扫黄打非”办公室评为2012年度全国“扫黄打非”十大案件,被最高法院、高检院评为2012年度打击侵犯知识产权犯罪十大典型案例,入选江苏省2012年度十大知识产权案件;玄武区院办理的周南京等人假冒注册商标案入选国家质检总局、公安部联合发布的2012年度“两法”衔接十大典型案例。雨花台区院办理的王坤、罗昌来贩卖淫秽物品牟利、侵犯著作权案被全国“扫黄打非”办公室确定为2012年扫黄打非“十大数据”案件。

  市公安局制定《南京市公安机关打假专项行动方案》,部署全市公安机关在药品、食品、机电、日化等领域,深挖制假源头、捣毁售假窝点、斩断犯罪网络。各类侵犯知识产权和制售假冒伪劣商品犯罪案件立案286起、破案286起,抓获涉假类犯罪嫌疑人212名,参战集群战役103起,打掉制假、售假窝点165个,挽回经济损失35亿余元,缴获各类假冒伪劣商品20万件。中央电视台及省市主流媒体多次专题报道 “打假”专项行动成果。 

  四、机制建设 

  2013年,全市各知识产权保护相关部门在机制建设方面取得新进展。 

  市知识产权局发挥市政府知识产权办公会议(办公室设在市知识产权局)的统筹协调机制,定期召开知识产权联席会议,通报知识产权保护工作。推进企业贯彻《江苏省企业知识产权管理标准》(以下简称“贯标”)及“正版正货”承诺推进计划试点工作。2013年新增“贯标”创建单位118家,累计358家。新增省级“正版正货”示范街区1家,累计5家,新增市级“正版正货”示范街区4家,累计9家。实施区域知识产权试点示范工作。中国(南京)软件谷被国家认定为全国首批战略新兴产业知识产权集群管理试点园区。江宁区被列为国家知识产权强县工作示范区,江宁、玄武、栖霞、雨花台、高淳、溧水等区成为省实施知识产权战略试点示范工作单位。促进知识产权与金融的有机融合,南京市被国家知识产权局认定为全国专利保险试点城市。2011年以来,南京市科技银行办理单纯用发明专利等知识产权质押贷款98笔,质押贷款2.7亿元。 

  市工商局开展基层商标案件查处情况、商标数据库建设情况、四书两账两卡落实情况的三项重点督查,建立基层商标管理的日常管理制度和长效机制。推进以工商所商标管理专员为重点的基层商标管理队伍建设。加强商标管理工作的信息报送等制度,促进基层商标管理和服务工作的规范化,制度化。调整驰名商标案件办理体制,加大驰著名商标培育发展工作。加强品牌集群和品牌基地建设,新培育六合机械制造、秦淮新街口商圈、浦口生物医药、溧水石湫刀具等五个市级品牌集群和品牌基地。 

  市质监局加强地理标志保护产品的宣传和管理,对地理标志保护产品追溯系统进行升级换代,统一客服电话、新增网上查询和“二维码”查询,雨花茶、云锦等地理标志保护产品纳入查询系统。全年共为28家雨花茶生产企业发放21.18万枚专用标志。南京市唯一获得云锦地理标志保护的云锦研究所“吉祥牌”云锦启用专用标志。 

  市农委建立“以防为主、打防结合”的预防机制,完善农资经营者台账,加强农资经营者培训,强化经营环节制度建设。建立“守信褒奖、失信惩戒”的诚信机制,开展农资企业信用评价,实行农资市场“红黄绿”榜等级监管。建立“责任明确、协调配合”的监管机制,加强工作部署,强化抽查抽检,严格案件查处,实现信息共享。建立“示范引领、双进服务”的放心农资下乡进村工作机制,开展农业执法“双走进”行动,畅通投诉举报渠道,推进农资经营示范店创建。 

  市司法局加强对知识产权法律援助的指导,构建法律服务保障体系,建立服务平台,完善对接机制,支持、鼓励有专业资质和服务实力的法律服务机构在科技创业社区、园区、基地设立服务站点。依托南京科技广场公共服务平台,成立知识产权律师论坛,以知识产权律师为主,面向知识产权理论界、实务界、企业界开办专业性、互动性的论坛,为创新驱动和转型发展提供专业法律支持、服务和保障。拓展律所知识产权代理业务,全市累计135家律所获批商标法律服务代理资格,全年共代理商标类案件566件。具有专利代理资格的律所7家,在具有专利代理资格的律所执业的专利代理人超过54人。全市公证机构办理涉及知识产权保护的证据保全公证近5000件,为知识产权诉讼提供证据保证。 

  全市法院继续推进审判机制改革,优化配置知识产权审判资源。经最高人民法院指定,2013年7月1日起,南京市建邺区法院、六合区法院开始受理辖区内一般知识产权民事案件,南京铁路运输法院开始受理秦淮区、栖霞区、浦口区、溧水区、高淳区的一般知识产权民事案件。至此,全市具有知识产权管辖权的基层法院增至7家。 

  市检察院探索试点秦淮、栖霞、浦口、溧水、高淳五区的侵犯知识产权刑事案件集中由南京铁路运输检察院批准逮捕,向南京铁路运输法院提起公诉。4月19日,玄武区院牵头在南京徐庄软件园成立电子商务守护者联合会,致力保护电子商务企业自主知识产权合法权益。4月26日,雨花台区院会同区知识产权局建立全国首家知识产权罪案预防教育基地,以一个展览、一部宣教片、一堂培训课、一份保护承诺、一本保护手册、一张联系卡的“六个一”为主要内容开展预防教育,先后为50多家企业200多名管理人员、企业科技人员进行知识产权培训。 

  市公安局与工商、质监、版权、食品药品监督等11家行政执法单位签订联络协作协议,加强行政执法和刑事司法衔接,落实信息共享、案件移送、联合督办和联席会议等机制,形成打假合力。强化打假阵地控制,深化与物流、科技、化工、钢贸、房地产等行业、企业协作,探索建立健全警企协作机制、网上打假机制,雨花、建邺、玄武、秦淮等区分局分别与苏宁控股集团、雨润控股集团、中兴通讯、南京交家电等多家重点企业、行业协会签订合作备忘录。 

  南京海关开展“构建知识产权海关保护长效机制”课题研究,对构建知识产权海关保护的长效机制进行制度设计和路径选择。南京海关整合原南京地区海关单位成立金陵海关,并于2014年1月1日正式对外运作,业务管辖范围为南京市全境。 

  五、宣传咨询 

  2013年,各相关部门组织开展大量宣传工作,知识产权保护环境不断优化。 

  市知识产权局借助纪念 “4.26世界知识产权日”契机,开展系列培训、宣传、咨询、执法活动。举办“南京市第三届大学生专利技术展示会”,营造崇尚创新、激励创造的知识产权氛围。专利周期间举办“南京市通讯与未来网络可供转让专利展示交易会”。 举办全国专利代理机构投资考察洽谈会。 

  市工商局开展商标战略宣传“进园区”、“进企业”、“进乡镇”活动,举办辖区政府商标品牌工作者和企业管理人员培训班。建立驰著名商标企业?? QQ群,为企业提供零距离的跟踪服务。每季度在《南京日报》刊登一期商标专刊,“4.26”期间开展微博微宣传,参与人数达80万人。各区局依托媒体加强宣传,先后在《石城工商》、《金陵瞭望》等杂志上进行专题报道。 

  市版权局围绕“亚青会”、“青奥会”和“软博会”等重点工作,通过在第九届中国(南京)国际软件产品和信息服务博览会上举办“软件正版化在中国”展览、发放宣传资料、举行“世界知识产权日”宣传活动暨中国南京“可一杯”第一届包装创意设计大赛、“加入绿书签行动”签名活动、倡导使用正版软件等形式宣传《著作权法》,提高公众版权保护意识。“4.26”期间举行集中销毁活动,销毁侵权盗版及非法出版物共142万件。开通南京版权网站,并在江宁区、秦淮区、鼓楼区、玄武区、徐庄软件园设立南京版权保护协会服务站。

  市司法局发挥法制宣传教育主管部门的职能作用,将知识产权法律法规宣传纳入全市“六五”普法规划及年度工作要点。通过“18法律广场”、公交地铁、移动TV、“普法讲师团”、“法治快车”平台等载体,多形式宣传知识产权法律知识。以生动的案例倡导保护知识产权。最高人民法院公布的2012年中国法院知识产权司法保护十大案件中,南京律所代理了2件,其中1件被评为全省十大公证案件。这两起案件涉及专利权和商标权法律保护中出现的新问题,代理律师针对现行专利法、商标法制度中的缺陷,运用法律的基本原则弥补立法的不足,具有法律理论和实践上的创新性。 

  全市法院推进“阳光司法”工作,开展 “邀请十万群众进法院”活动,组织人大代表、政协委员、行业代表、文艺界人士、高校师生及社会公众旁听知识产权庭审。赴高校进行知识产权法律专题讲课5次,多次挑选典型案件在高校进行公开开庭审理。大力推进文书上网工作,将所有生效的裁判文书通过《中国知识产权裁判文书网》向社会公开,全面接受社会监督。“4.26”期间,市法院召开新闻发布会,公开全市知识产权司法审判基本情况,公布2012年度南京十大知识产权典型案例。 

  市检察院在“4.26”期间召开新闻发布会,通报检察机关办理知识产权犯罪案件的基本情况,发布2012年度南京市检察机关打击侵犯知识产权犯罪十大典型案例。全市检察机关组织干警走出大楼、走上街头、走进社区,以“保护知识产权,推动科技创新”为主题,通过制作宣传展板、发放知识产权保护宣传资料、播放警示教育片、现场法律咨询等多种形式开展知识产权保护专项宣传活动。成立预防侵犯知识产权犯罪宣讲团,深入科研院所和创新企业进行宣讲。 

  市公安局通过QQ群、微博、微信等网络媒介开展新媒体互动活动,扩大打假专项行动的影响。秦淮分局侦办的王某等人制售假冒安利产品案、玄武分局侦办的陈某等人制售假冒轮胎案、雨花分局侦办的“云客栈”网店销售假冒圣迪奥服装案被央视《朝闻天下》、江苏电视台《江苏新时空》、凤凰网、搜狐网等多家媒体联合报道。 

  南京海关主动邀请拥有自主知识产权的恒顺醋业、苏美达等企业,向海关关员讲解品牌知识,增强其查获侵权产品的意识和能力。继续开展“知识产权法律进企业”活动,主动上门向辖区内自主知识产权企业讲解知识产权海关保护面临的宏观形势、相关法律规定、执法程序等内容,帮助企业提高知识产权海关保护意识和运用法律手段保护自主知识产权的能力。 

  六、教育培训 

  2013年,知识产权教育培训工作积极推进,知识产权人才培养机制不断完善。 

  市知识产权局积极实施“百千万”知识产权人才建设工程,开展企业家知识产权高层研修班、知识产权工程师培训班、企业知识产权工作者培训班、知识产权分析师经纪人培训班、专利信息与利用实战培训班、专利行政执法人员业务培训等多层次培训。全市通过多种形式举办知识产权人员培训10000人次,其中高层次人才100名,知识产权工程师300名,知识产权工作者2000名,专利行政执法人员100人次。 

  市工商局组织业务骨干先后为100多家企业授课,并走访多家商标企业,现场解决企业难题。组织开展 “品牌管理师”培训活动。召开驰名商标企业品牌宣传座谈会,引导企业加大商标品牌宣传力度,提升企业美誉度、知名度,营造重视商标品牌的氛围。以《商标法》为重点,组织法制大讲堂、电视电话会议、研讨会、干部职业技能培训、业务能手竞赛等活动,加强全系统干部商标业务知识的教育培训工作。 

  市版权局举办三期“2013年南京市企业软件正版化培训”,共有102家企业分管软件资产管理工作的领导及有关人员参加培训。 

  市司法局通过多形式活动加强对律师业务培训。4月举办“2013年知识产权仲裁沙龙”活动,围绕“知识产权合同的典型问题、纠纷分析及知识产权仲裁”专题,就知识产权合同纠纷的实务处理问题进行广泛讨论。6月针对新近通过的《中华全国律师协会律师专利业务操作指引》和“江苏省高级人民法院《侵犯专利权纠纷案件审理指南2010》”两文件开展专题讲座。10月举办香港知识产权专题讲座,介绍香港商标、专利权、版权的保护及代理辩护技巧,提升南京律师代理香港知识产权业务能力和水平。 

  市法院召开知识产权“三合一”审判座谈会、新《商标法》学习讨论会、《审理专利权纠纷案件司法解释讨论稿》学习讨论会、全市法院知识产权条线审判工作会议,组织审判骨干参加涉外商事审判工作会议等,提高全市法院知识产权审判业务能力。 

  市检察院通过成立服务楼宇经济专家智囊团、举办电子商务企业知识产权保护暨网络犯罪研讨会等,探究电子商务企业知识产权保护及应对电商领域网络犯罪的方法与路径,帮助企业走专业化的知识产权保护新模式。举办知识产权刑事犯罪和民事侵权案件疑案分析会等,提高干警业务水平。 

  市公安局组织经侦、刑侦、网侦、技侦等部门业务骨干分赴各单位,围绕侵权制假犯罪、非法经营犯罪、生产销售伪劣产品犯罪等多个专题,从侦办程序和取证要点等方面,为一线办案民警开展巡回讲座,为实战部门提供法制保障。 

  南京海关编制关于《海关办理邮递渠道知识产权案件的暂行规定》的新法规导读,规范、统一南京关区邮递渠道知识产权案件办理。邀请外商投资企业协会优质品牌保护委员会(QBPC)成员单位的权利人重点针对消费电子类知名品牌进出境侵权的特点和趋势,为关员举办品牌知识培训班。 

  七、国际合作 

  市工商局加强商标保护的国际合作,11月接待韩国驻上海领事馆领事一行调研,会商保护韩国企业知识产权有关问题。中韩双方介绍了各自在保护商标知识产权方面所做的工作,并期加强合作,共同促进双方商标知识产权保护工作。 

  市商务局通过加强知识产权领域的交流,促进进出口公平贸易,提升企业在国际化经营中的风险防范和应对能力。一是完善进出口公平贸易预警机制,利用网络平台及时更新出口商品技术指南,加强对国外技术性贸易壁垒的关注和宣传,推动企业树立在境外开展知识产权申报和保护自身知识产权的意识。二是对企业遭遇境外知识产权纠纷及时提供分析指导,鼓励企业积极维护自身权益。三是做好美国337案件情况的跟踪调研,结合典型案例邀请律师专家对基层商务部门及重点外贸企业开展337案件应对培训,提高应对能力。 

  市司法局为全市律师提供涉外知识产权业务培训的机会,先后两次邀请德国知识产权专家举办“中德知识产权保护基本原则”、“欧盟统一专利制度的现状和发展”讲座,阐释欧洲知识产权统一化进程及与会展相关的知识产权保护,介绍即将生效的欧洲统一专利及其申请策略,并对中德双方合作的二十余件案例进行详细解析,探讨进一步合作的思路。 

  南京海关加强与中欧海关、中美海关合作。按照中欧海关合作要求,及时向欧方通报我方查获输往欧方的侵权货物信息;派员出席中美海关知识产权专家组第一次会议,了解输美侵权货物趋势,指导关区海关对输美货物开展有针对性的定向打击。受海关总署委托,派员参加世界海关组织反假冒盗版工作组(CAP)第九次会议及其与权利人咨询小组(RHCG )联合会议,并代表中国海关做大会发言。 

  八、青奥专项 

  2013年南京成功举办第二届亚青会,青奥会筹办工作进展顺利。 

  截至亚青会闭幕,共办理与亚青会相关的各类知识产权登记14件,编印《南京青奥会、亚青会知识产权名录》和《知识产权宣传手册》,举办第三届创新创意大赛暨青奥(亚青)知识产权保护宣传活动,积极开展相关宣传、培训。南京市政府与国家工商总局签订《亚青、青奥知识产权保护的部市合作协议》,并出台《南京市工商系统服务保障南京亚青会、青奥会工作方案》,开展 “迎亚青知识产权保护百日专项行动”,以带有南京青奥会标志的纪念币、纪念章、毛绒玩具、服装、鞋帽、文具等易产生亚青、青奥会标志侵权行为商品为重点对象,以小商品销售市场、风景名胜旅游区旅游纪念品市场、城乡结合部、城镇小商品集散地及学校周边市场为重点,进行拉网式检查,打击不法行为。赛会期间加大监管力度,青奥组委派出法务人员62人次,每天到各比赛场馆和运动员村进行巡查,发现问题18件次,当场处理15件次。工商系统牵头开展执法检查,抽调执法人员驻场监管。全市共出动行政执法人员近千人次,发现并受理侵权线索 29 件,立案查处侵权案件 26 件,结案13件(其中行政处罚侵权案件 7 件,责令整改6 件),行政约谈40人次,函告相关单位 2 件次。相关部门共检查亚青会控制区域户外广告455件(不含公交站台),督促广告公司自行拆除围挡广告60余个,路旗242面,更换亚青赞助商广告26组,更换亚青公益广告145幅,清理LED广告屏16块,按要求播放亚青宣传片,清理占道贩卖侵权商品行为1起。亚青会期间,没有发生重大侵权事件。 

  截至12月份,青奥组委共申请登记与青奥相关的著作权39件,包括火炬、体育运动图标、文化教育图标、吉祥物运动图标等;获批特殊标志219件,另有17件正在审批中;获批商标89件,1件正在复审。青奥组委联合市工商局、知识产权局、司法局、市法院等单位共同举办“南京青奥会知识产权侵权行为研讨会”,对执法中侵权行为和隐性市场行为的认定和处罚依据等难点问题进行探讨,研制预案。组织拍摄《法治快车之青奥知识产权保护》专题片,在南京地铁、公交等移动媒体上循环播出。举办 “青奥与法治文化建设”征文活动,共收到应征论文353篇。六合区依托‘法制故事校车行’普法品牌,编印青奥知识故事专辑,在全区小学中广泛普及青奥知识产权保护等内容。市工商局牵头以南京地区户外广告、报刊、电台、电视台、网站为主要对象,开展经常性的巡查。青奥组委向社会公布24小时服务举报电话,接市民举报4起、各行政机关巡查发现11起、法务巡查发现5起,每起侵权线索都进行台帐登记,做到举报有记录、调查有照片、处理有结果。南京青奥会知识产权保护工作办公室召开协调会10余次,建立案件移送绿色通道,各行政机关各司其职,紧密配合,共同打造“平安青奥”品牌。

  SITUATION OF INTELLECTUAL PROPERTY PROTECTION OF NANJING CITY IN 2013

  In the year 2013, continuously centering on the objectives of “focusing on the ‘four firsts’, implementing a creative driving strategy to create a famous city of talents and scientific innovation in China,” Nanjing vigorously carried out the implementation of national, provincial, and municipal strategic outlines for intellectual property and the 2013 National Implementation and Promotion Plan of Intellectual Property Strategies. Nanjing soundly facilitated all kinds of intellectual property protection and achieved prominent results.

Legislation and system establishment
  In 2013 policies and regulation systems of intellectual properties of Nanjing have been improved continuously.

  The Municipal Intellectual Property Administration formulated the Regulations on Special Fund for Intellectual Property Strategies in Nanjing, and arranged a special fund of RMB 19 million from the financial budget for facilitating the use of patented information of enterprises, promotion of intellectual property strategies, secondary development, and industrialization of important patented technologies of enterprises. The Administration also promulgated the Opinions on Implementing Pilot Work of Patent Insurance in Nanjing to explore types of insurances by mortgaged financing of intellectual property, and structure patent insurance service systems. Also, the Implementation Methods for Creation of Pilot Communities of “Real Goods” Guarantee Promotion Plan of Nanjing (Provisional) was issued to advocate honest, credit-abiding, and legal operation, so as to create an atmosphere of respecting and protecting intellectual property in the circulation field.

Approval registration
  New breakthroughs have been achieved in 2013 on both quantity and quality of intellectual properties in the whole municipality.

  The total number of patent applications in Nanjing reached 55,103, increasing 29% on a year-to-year basis, in which applications for invention patents numbered 22,482, increasing 37% on a year-to-year basis, ranking fourth in the same category of cities in China. The total number of patent authorizations was 4,735, having increased 7% and ranking third in China and the first in Jiangsu Province. The possession of patents on effective inventions every 10,000 people reached 21 pieces, ranking in the top of the list in China. 2 municipal patent industrialization bases have been newly recognized, 10 in total. During the year 2013, 1 national golden patent prize and 13 excellent patent prizes were received, together with 2 provincial golden patent prizes and 20 excellent patent prizes.

  The number of new applications for trademark registration in Nanjing was 17,000, and the number of effective trademark registrations was 71,300. Madrid registered trademarks increased to 24, in total 215. During the whole year, 31 new applications were made for Chinese well-known trademarks, in which 7 were newly recognized. The total number of Chinese well-known trademarks reached 80. Newly recognized famous trademarks of the province numbered 77, newly recognized famous trademarks of the province 126, and that of the city 174. The accumulated famous trademarks of the city reached 743. In addition, 5 branded bases of the city have been freshly incubated. Therefore, the city has 2 provincial-level brand incubation bases and 19 municipal-level brand incubation bases.

  As registration organ for works, the Copyright Office of Nanjing City completed 7,699 registrations for works.

Law execution and supervision
Special actions
  The “dual strike” work has been further implemented in Nanjing during 2013. In the course of special actions, including sweeping pornography and striking illegal publications, punishing fake and bad-quality food and drugs, enforcing laws on trademark protection, cracking down on counterfeit agricultural materials and realizing original software versions, different types of illegal behaviors of infringing intellectual property and making or selling counterfeit communities, these actions were strictly punished so as to purify the market environment and protect good market order. The leading office team cracking down infringements and counterfeits in Nanjing formulated and issued 25 bulletins during the whole year. 21 member units made 159 new reports on infringements and counterfeits work, and 11 districts and counties provided 226 reports on the same. 

  Relevant administrative organs of the city set up 1,459 cases, in which 20 were significant cases. The total amount of cases involved reached RMB 35,226,400, in which the amount of significant cases was RMB 19,231,300. The number of cases settled was 1,154, in which 50 were significant. The total amount involved in the cases reached RMB 165,428,300, significant cases RMB 82,060,400. 22 cases were transferred to juridical organs, 20 of which were significant cases. The amount involved in these cases was RMB 25,620,400, in which significant cases were RMB 15,760,900. 136 dens that infringed on intellectual properties and producing or selling counterfeited commodities were destroyed.

Daily law enforcement
  The Municipal Intellectual Property Administration formulated 2013 Special Action Program of Intellectual Property Law Execution and Right Protection “Escort” in Nanjing, which deployed the law execution on patents of the city. It dispatched more than 300 persons together with the Provincial Intellectual Property Administration and District and County Intellectual Property Administrations to carry out patent administrative law enforcement inspections in districts including Gulou, Jianye, Yuhuatai, Jiangning, Luhe, and Gaochun, as well as spot check nearly 5,000 commodities in over 10 big malls, including FiveStar Electrical Appliances, Walmart, Auchan, and CRC Suguo Supermarket, Suning Electrical Appliances, Zhongcai Logistics, and GE Outlets City, etc. for investigation and dealing with of fake patents. During the whole year, 149 counterfeited patents were filed and 148 settled, having increased 20% on a year-to-year basis; 13 cases concerning patent infringement disputes were accepted and filed, in which 6 were settled. 

  The Municipal Administration for Industry and Commerce strengthened the supervision on registered trademarks and investigated and punished illegal behaviors including abuse, infringement, and counterfeiting according to laws. The Municipal Administration for Industry and Commerce issued Working Opinions on Cracking Down Infringement of Intellectual Properties and Production or Selling Counterfeited Commodities of the Administration for Industry and Commerce System of the City in 2013 to carry out the “escorting brands” activities, which protected geographically registered trademarks and well-known and famous trademarks including “Sund Paper,” “Sheyang Rice,” “Jinling Frozen,” “A. O. Smith,” and “Qilin.” In terms of commodities of such categories as garments, bags and shoes, and cosmetics, the special law enforcement action of cracking down on the “fake foreign brands” were carried out. The whole system for law enforcement dispatched 735 persons, checked 406 department stores and franchise stores, 213 supermarkets, beauty salons and gyms, filed 8 cases for investigation at the value of RMB 2,071,400, confiscated 2,161 pieces of goods, and charged a fine of RMB 704,500. During the whole year, 219 trademark infringement cases were discovered and punished, the value of which reached RMB 6,840,000, and a RMB 4,130,000 fine was collected.

  The Municipal Copyright Office organized departments including culture, public security, industry and commerce, and amenities to mobilize 11,000 persons for administrative law enforcement, checked 4,400 operation units and booths (times) of publications, destroyed 46 illegal publication wholesale and retail dens, took over more than 126,000 volumes (discs) of different types of illegal publications and imposed administration fines as much as RMB 24,000. It conducted 12 administrative punishment cases, in which 2 were transferred to the public security organ. The “1.10” network infringement case was listed as a key case to be conducted by the national “Sweeping Pornography and Striking Illegality” Office and the Ministry of Public Security. 13 criminal suspects were caught, 38 servers involving the case of the website called “graduation paper pass” were retained, together with more than RMB 3,000,000 in cash and RMB 2,000,000 in check. This case involved a database capacity as high as 2T, in total more than 90 million pieces of paper, involving more than RMB 10,670,000. It mediated 8 disputes on copyright of audio and video work, in which the infringed parties received compensations from RMB 3,000 to RMB 9,000 respectively. Software legalization in 23 enterprises was completed.

  The Municipal Quality Supervision Bureau filed and investigated 555 cases and settled 532, the value involved reaching RMB 223,000,000, in which 110 belonged to large and important cases, 36 to significant administrative punishment (confiscated amount over RMB 100,000) cases, and 37 transferred to judicial organs. The case where the couple Yu Shen and Zhao Sainan sold counterfeited Basic House branded garments was selected as “one of the top ten typical cases of intellectual property of Jiangsu Province in 2012.” The case where Nanjing 800 Degrees Digital Company produced and sold counterfeited hard discs was appraised as a typical case for the connection of “two laws” of the country by the Ministry of Public Security and the General Administration of Quality Supervision, Inspection and Quarantine.

  The Municipal Agricultural Committee issued the Implementation Scheme on Special Governance Action of Striking Counterfeited Agricultural Materials of the City in 2013 to strengthen the special inspections. The Committee mobilized more than 4,580 persons for law enforcement in total, inspected 2,397 times the production, operation, and use of units of agricultural materials and veterinary stuff and feedstuff, rectified 340 markets (times) of agricultural materials and scaled livestock farms, and investigated and handled 92 cases concerning seeds, pesticides, fertilizers, veterinary stuff, and feedstuff.

  Nanjing Customs carried out 143 protective measures on intellectual property and investigated and discovered nearly 53,000 pieces of infringement suspected goods with the value over RMB 2,818,000. An integrated thorough clearance on infringed goods and substances confiscated in intellectual property cases in the Nanjing Customs area since 2008 was carried out, in which more than 630,000 pieces of goods in warehouses from 175 settled cases as well as more than RMB 3,600,000 goods and commodities were cleared.

Judicial work
  The municipal judicial organs further strengthened the judicial protection on intellectual property in 2013.

  The courts of the city accepted 1,538 civil cases of intellectual properties, in which 612 were of disputes on trademarks, 599 on copyrights, 150 on patent rights, 26 on new species of plants, 33 on intellectual property contracts, 13 on improper competitions, 3 on integrated circuit drawing design, 9 on trade secrets and 99 of other disputes on intellectual properties. In total 1,503 civil cases of intellectual properties of all types were settled, and the rate of appealing and applying for re-hearing was 0, and mediation and cancellation rates reached 77%. A batch of cases involving infamous brands such as “Hai Di Lao,” “Lao Feng Xiang,” “3610” and “LV” all ended up by mediation. The purpose of “matter solved by settlement of case” has been archived. The case of dispute on infringement of exclusive rights of trademark between Xu Bin and Nanjing MG Industry Co., Ltd., NAC and Beijing Public Transportation Haiyijie Automotive Service Co., Ltd. as well as the case of between Nanjing Sheng Wengang and Nanjing Aojie Garments Co., Ltd. were respectively selected into one of the “top 10 innovative cases” and one of the “50 representative cases” of the Supreme Court.

  The courts of the whole city in total heard 40 criminal cases concerning infringement of intellectual properties, in which 12 involved criminality of counterfeiting registered trademarks, 14 of selling commodities of counterfeited registered trademarks, 10 of infringement of copyrights, 1 of illegally manufacturing and selling illegally produced registered trademark logos, and 3 in infringing trade secrets. In total 37 criminal cases of intellectual property were settled, 27 were punished, and the total amount of penalty reached nearly RMB 10 million. In addition, the Municipal Court accepted 7 administrative cases concerning infringement of intellectual properties, in which 7 were settled. 

  The Municipal Court accepted and heard 58 foreign-related cases, in which 12 were with Germany, 27 with France, 14 with U. S., 2 with Japan, 2 with Italy, and 1 with the UK. It also accepted and heard 6 disputes related with Hong Kong, Macau and Taiwan. 

  The procurator institutions accepted 32 cases including 51 persons proposed for approval on arrest due to criminality of infringing intellectual property, approved for arrest 20 cases involving 27 persons, accepted 70 cases including 127 persons of proposal on filing petitions, and initiated public prosecution on 58 cases involving 120 persons for criminality of infringing intellectual properties. The procurator institutions conducted a batch of intellectual property cases of significant influences, such as the infringement of copyright of Chen Chao and Tong Shimin (Nanjing “4.16” producing and selling counterfeited teaching and accessory textbooks) conducted by the Court of Gulou District, which was selected as one of the top 10 national “Sweeping Pornography and Striking Illegality” cases of 2012 by the National Sweeping Pornography and Striking Illegality Office; it was also selected as one of the ten representative cases of striking criminality of infringing intellectual properties by the Supreme Court and the Supreme procurator of the State, and one of the ten largest cases of intellectual properties of Jiangsu Province in 2012. The case of Zhou Nanjing and others counterfeiting registered trademarks conducted by the Court of Xuanwu District was appraised as “one of the ten typical case for the connection of ‘two laws’” by the General Administration of Quality Supervision, Inspection and Quarantine and the Ministry of Public Security. The case of Wang Kun and Luo Changlai selling obscene goods to seek for profits and infringing copyrights conducted by the Court of Yuhua District was determined as one of the “ten largest data” cases in the work of sweeping pornography and striking illegal publications by the National Sweeping Pornography and Striking Illegality Office.

  The Municipal Public Security Bureau formulated the Special Action Scheme on Striking Counterfeits by Nanjing Public Security Organs, having deployed the public security organs of the city to deeply investigate the sources of counterfeits, destroy the dens of production or sales, and disconnect the criminal network in the fields including drugs, food, electromechanical, and daily chemical products. 286 cases involving criminalities of infringing intellectual properties and producing or selling counterfeited and bad-quality commodities of various types were filed, and 286 were solved, of which 212 criminal suspects on infringement and counterfeiting were caught. The Municipal Public Security Bureau participated in 103 cluster battles, hit down 165 dens that produced and sold counterfeits, and saved more than RMB 3.5 billion in economic losses and confiscated 200,000 counterfeited commodities of all types. CCTV and mainstream media of the province and the city reported thematically the results of the special “striking counterfeits” action several times.

System construction
  In the year 2013, relevant departments of the municipality concerning intellectual property protection have achieved new progress in the aspect of system construction.

  The uniformed collaboration system of the Municipal Intellectual Property Office Meeting (with the office established in the Municipal Intellectual Property Administration) was sufficiently exerted, and joint meetings concerning intellectual property were held regularly to inform of the work done on intellectual property protection. The enterprises were facilitated to execute the Standards for Intellectual Property Management of Enterprises in Jiangsu Province (referred as “Management Standards” hereinafter) and the pilot work of “real copyrights and real goods.” In 2013, 118 units for achieving the “Management Standards” were newly added, in total 358; meanwhile 1 pilot block for “real copyrights and real goods” of provincial level and 4 of municipal level were added, 19 in total. Regional intellectual property pilot demonstration was performed. China (Nanjing) Software Valley was recognized by the state as one in the first batch of pilot parks for intellectual property clusters management of strategic emerging industries. Jiangning was listed as the demonstration area of a strong county in intellectual property of the state, and districts including Jiangning, Xuanwu, Qixia, Yuhuatai, Gaochun, and Lishui became model units of the province for implementing intellectual property strategies. Dynamic fusion between intellectual property and finance was facilitated. Nanjing was recognized by the State Intellectual Property Administration as a pilot city for patent insurance. Since 2011, Nanjing Science Bank has conducted 98 loans with mortgages by intellectual properties such as inventions and patents and issued RMB 270,000,000 in mortgage loans.

  The Municipal Administration for Industry and Commerce carried out three key supervisions of investigation of trademark cases on grass roots, construction of trademark database, and implementation of four books, two accounts, and two cards, as well as established daily management system and long-term mechanism of grass root trademark management. It promoted the construction of management team for grass roots trademarks with the trademark management officers in Administration for Industry and Commerce branches and strengthened such systems as information submission and reporting of trademark management to facilitate the standardization and systematization of trademark management and service on grass-roots level. It adjusted the famous trademark cases’ conduction system and strengthened the incubation and development of well-known and famous trademarks. It strengthened the construction of brand clusters and brand bases, having newly incubated five municipal-level brand clusters and bases including Luhe machinery manufacture, Qinhuai Xinjiekou business circle, Pukou biopharmaceutical, and Lishui Shiliu knives and tools.

  The Municipal Quality Supervision Bureau strengthened advertising and management on protected products with geographic signs and upgraded the tracking system of these products, unified customer service hotline, and added online inquiry and “QR code” inquiry. Protected products with geographic signs such as Yuhua Tea and Yunjin Silk have been included into the inquiry system. 211,800 special labels were issued to 28 Yuhua Tea producers during the year. “Lucky” branded Yunjin Silk from Yunjin Silk Research Institute, the only brand that received the geographic sign protection for Yunjin, started using the special sign.

  The Municipal Agricultural Committee established a prevention mechanism of “preventing the main, combining strike and prevention” to complete the records of operators of agricultural materials, strengthen training on such operators, and strengthen the construction of operation system. It established a credit system of “rewarding on faithfulness and punishing the break of promises” to carry out credit assessment on agricultural material enterprises and performed the grade supervision of the ranking of “red, yellow and green” of the market of agricultural materials. It established the supervision system of “responsibilities clarified and coordination cooperated” to strengthen the deployment of work and spot checking as well as strict punishment of cases and achieving information share. It established the working system of trustworthy agricultural materials delivered to villages by “demonstrative guidance and double-entering service” and carried out “double-entering” activity for law enforcement of agriculture. The channel for complaining and reporting was made smooth, and construction of demonstrative stores of operation of agricultural materials was promoted.

  The Municipal Justice Bureau strengthened the guidance on the legal support to intellectual property, built legal service guarantee systems, established service platform, and improved joint mechanisms to support and encourage legal service institutions with professional qualifications and service capacity to set up service locations in scientific innovation communities, parks, and bases. Relying on the public service platform of Nanjing Science Plaza, a forum of intellectual property lawyers was established, supported by an intellectual property theories sector that a professional and interactive forum was held for, and practical affairs sector and enterprises providing professional legal supports, services and guarantees for innovation driving and transforming development. Law firms’ proxy business on intellectual property was expanded. 135 law firms of the city in total received the qualification for acting as proxy for trademark legal service, which conducted 566 cases in terms of trademarks during the year. There were 7 law firms that possessed the qualification for patent proxy, and patent lawyers practicing in law firms with such qualification exceeded 54. The notary offices of the city conducted nearly 5,000 evidence preservation notarizations involving intellectual property protection, having provided evidence guarantees for the litigations of intellectual property.

  The courts all over the city continuously promoting the judgment mechanism reform to optimize the configuration of judgment resources concerning intellectual property. Appointed by the Supreme People’s Court, from July 1, 2013 the Court of Jianye District and the Court of Luhe District started to hear general civil cases on intellectual property within the district, and Nanjing Railway Transportation Court started to hear general civil cases on intellectual property in Qinhuai District, Qixia District, Pukou District, Lishui District, and Gaochun District. By then the grass-roots level courts of the city possessing the administration right over intellectual property increased to 7.

  The Municipal Procurator made a pilot, under which arrest of criminal cases of infringing intellectual properties in such five districts as Qinhuai, Qixia, Pukou, Lishui, and Gaochun would be approved by Nanjing Railway Transportation Procurator, and public prosecution would be filed to Nanjing Railway Transportation Court. On April 19, the People’s Court of Xuanwu District took the lead to establish the E-Business Protector Association in Nanjing Xuzhuang Software Park, dedicated to protecting the legal interests of independent intellectual properties of E-business companies. On April 26, the People’s Court of Yuhuatai District established the first intellectual property criminality prevention education base together with the Intellectual Property Administration, carrying out preventive education with the main contents being “six ones”—one exhibition, one propaganda film, one training lesson, one protection guarantee, one protection manual, and one contact card, having carried out training on intellectual property for more than 200 management personnel and technological staffs of over 50 enterprises.

  The Municipal Public Security Bureau signed contacting and cooperation agreements with 11 administrative law enforcement departments including administrations for industry and commerce, quality supervision, copyright, food and drug administration, etc. to strengthen the communication and collaboration between administrative law enforcement and criminal justice, form such mechanisms as information sharing, case transfer, joint supervision for conduction, and joint conference to form joint force on hitting down counterfeits. The control on the battlefield for hitting down counterfeits was strengthened. Collaboration with industries and enterprises including logistics, technology, chemical, steel trade, and real estate explored the establishment and completed coordination mechanisms between the police and enterprises as well as an online anti-counterfeit system. Public Security Branches of such districts as Yuhua, Jianye, Xuanwu, and Qinhuai respectively signed MOUs (memorandum of understanding) with several key enterprises including Suning Holding Group, Yurun Holding Group, ZTE, and Nanjing Transportation and Household Appliances. 

  Nanjing Customs implemented the research on the topic of “building long-term effective mechanism for customs protection of intellectual property” to carry out system design and route selection on building a long-term effective mechanism for customs protection of intellectual property. Nanjing Customs conformed to the other customs units in Nanjing area to establish Jinling Customs, and launched into operation on January 1, 2014. The business administration scope covers the total area of Nanjing.

Propaganda and consultation
  All relevant departments organized a lot of propaganda in 2013. The environment for intellectual property protection has been optimized continuously. 

  Relying on the opportunity of memorizing the “4.26 World Intellectual Property Day,” the Municipal Intellectual Property Administration carried out a series of activities including training, propaganda, consultation, and law enforcement. It held the “3rd College Students’ Patented Technology Exhibition of Nanjing” to create an atmosphere of intellectual property that pursued innovation and encouraged creation. During the Patent Week period, it held the “Transferable Patents Fair of Communication and Future Network of Nanjing,” and also held meetings for investment and investigation of patent proxy institutions all over China.

  The Municipal Administration for Industry and Commerce carried out the activities of propaganda of trademark strategies “entering industrial parks,” “entering enterprises” and “entering village,” and held training courses for workers of government trademarks and enterprises’ management personnel of the district under administration. It established a QQ Group for enterprises of well-known and famous trademarks to provide zero-distance tracking services to the enterprises. At every quarter, it publicized a special version of the trademark on Nanjing Daily. During the “4.26” period, propaganda was carried out on Weibo, which more than 800,000 people participated in. The branches of districts strengthened propaganda with the support of media, having made thematic reports on magazines including Stone City Business and Jinling Look respectively.

  Centering on the important work of “the Asian Youth Games,” “the Youth Olympics” and “Software Exhibition,” the Municipal Copyright Office on the 9th China (Nanjing) International Software Products and Information Service Exhibition, held exhibition named “Software Legalization in China,” issued propaganda files and held “World Intellectual Property Date” promotion activities and China Nanjing “Keyi Cup” 1st Packaging Creative Design Contest, “Joning in Green Book Label Action” inscription activity, and advocated the use of legal software to popularize theCopyright Law and improve the public’s awareness on copyright protection. During the “4.26” period, 1,420,000 pieces of infringed, counterfeited, and illegal publications were destroyed together. Nanjing Copyright Website was opened, and Nanjing Copyright Protection Association Service Stations were set up in Jiangning District, Qinhuai District, Gulou District, Xuanwu District, and Xuzhuang Software Park.

  Exerting the functions of legislation, propaganda and education supervisory department, the Municipal Justice Bureau incorporated laws and regulations of intellectual property that include the “6th Five-year” law popularization planning and yearly work essentials of the City. By means of such carriers as “18 Law Plaza,” public buses and metros, mobile TV, “Law Lecturer Group,” and “Rules of Law Express” platform, it promoted legal knowledge of intellectual property in different forms. Vivid cases were used to advocate the protection on intellectual property. In the 10 biggest cases of judicial protection of intellectual property in Chinese courts of 2012 publicized by the Supreme People’s Court, 2 were conducted by law firms in Nanjing as an agency, in which 1 was evaluated as one of the top ten notarization cases of the province. These two cases involved a new problem arising from legal protection on patent and trademark rights. The proxies used the fundamental principles of laws to compensate for the insufficiency in legislation aiming at the defects in applicable copyright law and trademark law, possessing innovation in legal theories and practice.

  The courts of the city promoted the “sunshine justice” work and carried out the activity of “inviting 100,000 people to the court,” organized NPC members, CPPCC members, industrial representatives, showfolks, college teachers, and students as well as the social public to attend intellectual property court hearings. The courts went to colleges 5 times to give thematic lectures on intellectual property laws, and selected typical cases to carry out public hearing in colleges. The courts greatly facilitated documenting online missions, providing all the effective judgment files to the public through China Intellectual Property Judgment Files Website to receive the supervision from the society completely. During the “4.26” period, the Municipal People’s Court held a news release to publicize the basic information of judicial adjudication of intellectual property of the city, and brought out 10 typical cases of intellectual property of Nanjing in 2012.

  The Municipal Procurator held a news release during the “4.26” period to issue general information of the procurators conducting intellectual property criminal cases and published the 10 typical cases of the Nanjing procurators hitting down the criminality of infringing intellectual property in 2012. The procurators of the city organized officers and policemen to leave buildings and to the streets, entering communities under the pretense of “protecting intellectual property, and accelerating technology innovation” through various forms including making propaganda boards, issuing propaganda materials on intellectual property protection, showing education documentaries, and on-site legal consultancy to carry out the special popular activities on intellectual property protection. A propaganda team on preventing infringement of intellectual property was established to enter scientific research institutes and innovative enterprises to make propaganda.

  Via online media including QQ groups, Weibo, and Wechat, the Municipal Public Security Bureau carried out interactions with new media to expand the influences of special activities on cracking down counterfeits. The case of Wang and others producing and selling counterfeited Amway products was detected and settled by Qinhuai Branch, the case of Chen and others producing and selling counterfeited tires was detected and settled by Xuanwu Branch, and the case of the “Cloud Guest House” online store producing and selling counterfeited S·Deer clothes was detected and settled by Yuhua Branch, which were jointly reported by several media, including Morning News of CCTV, Jiangsu New Era of Jiangsu TV, Fenghuang Net and Sohu Net.

  Nanjing Customs voluntarily invited enterprises possessing independent intellectual properties such as Hengshun Vinegar and Sumec to come to explain the knowledge about the brands to the customers and officers to strengthen their awareness and capacity of capturing infringed products. It continued implementing the activity of “Laws of Intellectual Property Delivered to Enterprises,” voluntarily explaining the contents, including macro situations faced by customs protection on intellectual property, relevant legal regulations, and execution procedure to the enterprises inside the administrative domain possessing independent intellectual properties, so as to help the enterprises improve their awareness of customs protection of intellectual property and the ability of using legal approaches to protect independent intellectual property.

Education and training
  In the year 2013, education and training on intellectual property was actively accelerated, and the intellectual property talents training system kept being improved.

  The Municipal Intellectual Property Administration actively implemented the “hundred, thousand and ten thousand” intellectual property talents construction project and carried out multi-level training including a senior seminar of intellectual property for entrepreneurs, a training class for intellectual property engineers, a training class for intellectual property workers in enterprises, a training class for intellectual property analysts and brokers, a training class for patent information, and practical affairs and business training for patent administrative law enforcement personnel. Through various forms, the whole city trained 10,000 persons for intellectual property personnel, in which 100 were senior management talents, 300 intellectual property engineers, 2,000 staffers engaged in intellectual property work, and 100 in patent administrative law enforcement.

  Nanjing Administration for Industry and Commerce organized business backbones to give speeches to more than 100 enterprises successively and visited many enterprises with trademarks to solve their difficulties on site. It organized and implemented the “Brand Manager” training activity and held popularity forums for enterprises with famous brands so as to guide these enterprises to strengthen the advertising on the trademarks and brands, improve their reputation and popularity, and create an atmosphere of focusing on trademarks and brands. Focusing on the Trademark Law, Nanjing Administration for Industry and Commerce organized legislation classes, video conferences, forums, officers’ professional skills training, and business masters’ competition to strengthen the education and training of trademark operation knowledge of all the officers in the system.

  The Municipal Copyright Office held three sessions of “2013 Nanjing Enterprises Software Legalization Training,” in which leaders and relevant personnel in charge of software assets management from 102 enterprises participated.

  The Municipal Justice Bureau strengthened business training for lawyers through various activities. The “2013 Intellectual Property Arbitration Salon” held in April carried out wide discussion on practical affairs of disputes on intellectual property contracts centering on the topic of “typical problems of intellectual property contracts, dispute analysis, and intellectual property arbitration.” In June, seminars were held on the two documents newly approved, which were Guidance on Operating Patent Business for Lawyers of All China Lawyers Association and Guidance for Hearing Cases of Disputes on Infringing Intellectual Property 2010, issued by the Supreme People’s Court of Jiangsu Province. In October, a special lecture was given on the intellectual property of Hong Kong to introduce protection of trademarks, patent rights, and copyrights in Hong Kong, as well as defending skills, as to improve the business capacity and level of lawyers of Nanjing in handling intellectual property cases related with Hong Kong.

  The Municipal Court held a “three-in-one” judgment seminar on intellectual property, the new Trademark Law, and theDraft for Discussion of Judicial Interpretation of Hearing Cases on Patent Right Disputes, held a working conference of intellectual property line judgment of the all the courts of the City, and organized the judgment backbones to participate in a conference of foreign commerce judgment to improve the intellectual property judgment capacities of the courts of Nanjing.

  By means of establishing an experts think tank for serving building economy and holding seminar on intellectual property protection of E-business enterprises and online criminality, the Municipal Procurator explored the methods and approaches for intellectual property protection of E-business enterprises and counteracting online criminality in E-business field, trying to help the enterprises to follow the new mode of professional intellectual property protection. The Procurator also held analysis meetings for disputed cases in criminality and civil infringement of intellectual property to enhance the business operation level of officers and policemen.

  The Municipal Public Security Bureau organized business backbones from departments including economic detection, criminal detection, online detection, and technical detection, etc. to carry out tour lectures to policemen on the frontier and provide legislation guarantees for the practicing departments from detection and handling procedures and essential points of evidence-taking centering on several topics, including criminalities of infringement and making counterfeits, illegal operation, and producing and selling fake and bad-quality products.

  Nanjing Customs formulated guidance and codes for new regulations concerning the Provisional Regulations on Cases involving Intellectual Property in Postal Delivery Channel Conducted by the Customs to unify the settlement of cases concerning intellectual property through postal delivery channel in the area administered by Nanjing Customs. It invited the obligated from member units of Quality Brands Protection Committee of China Association of Enterprises with Foreign Investment (QBPC) to hold training class on brand knowledge for the customers officers, focusing on the characteristics and tendency of import and export infringement on famous brands in the category of consumable electronics.

International cooperation
  The Municipal Administration for Industry and Commerce strengthened the international cooperation on trademark protection. In November it received the investigation and survey from the delegation of the Korean General Consulate in Shanghai to discuss relevant problems in protecting the intellectual properties of Korean enterprises. Both the Chinese and Korean parties introduced what they had done in terms of protecting intellectual properties of trademarks and expected willingness on strengthening cooperation so as to facilitate the work protecting the intellectual properties of trademarks of both parties.

  The Municipal Commerce Bureau strengthened the exchanges in the intellectual property field, promoted fair trade in import and export, and improved the enterprises’ risk prevention and countermeasure abilities in overseas intellectual property protection. Firstly, it improved the pre-warning system of fair trading in import and export, using online platforms to update the technical guidance on commodities for exporting, strengthen the attention and popularization on foreign technical trading barriers, and facilitate the enterprises to establish the awareness of carrying out intellectual property declaration overseas and protecting their own intellectual properties. Secondly, it provided timely analysis and guidance for the enterprises that encountered overseas intellectual property disputes, encouraging them to actively protect their own interests. Thirdly, for tracking and survey on the U.S., 337 cases were carried out. Combining the typical cases, lawyers and experts were invited to carry out training to commerce departments on the grass-roots level and key foreign trade enterprises to confront 337 cases and improve their counteraction abilities.

  The Municipal Justice Bureau provided the opportunity to all the lawyers of the city to participate in training on foreign-related intellectual property business. It invited twice successively the German experts in intellectual property to hold the lectures of “Basic Principles on Chinese and German Intellectual Property Protection” and “Current Situation and Development of EU’s Unified Patent System” to expatiate the unification progress of intellectual property in Europe and the intellectual property protection related with fairs, and it introduced the soon to be validated unified European patents and its application strategies and carried out detailed explanations on more than 20 cases under the cooperation of both parties, as well as discussing the ideas in further cooperation.

  Nanjing Customs continued the cooperation with Sino-European Customs and Sino-American Customs. According to the cooperation requirements between the Customs of China and Europe, we should declare the information of infringed goods delivered to Europe that have been seized by us. The Customs dispatched staff to attend the 1st meeting of Experts Team of Intellectual Property from China and U.S. Customs to learn the tendency of infringed goods delivered to U.S. and guided the customs under its administration to carry out a pertinent strike. Entrusted by the General Administration of Customs, Nanjing Customs sent staffs to attend the 9th meeting of World Customs Organization Counterfeiting and Piracy (CAP) and the joint meeting with Rights Consulting Group (RHCG) and make a speech on behalf of China Customs.

Special actions on the Youth Olympics
  Nanjing successfully held the 2nd Asian Youth Games in 2013, and the progress of preparation for the Youth Olympic Games went smoothly.

  By the closing of the Asian Youth Games, 14 registrations for various types of intellectual property related with the Asian Youth Games had been conducted. Directory of Intellectual Properties of the Youth Olympic Games and the Asian Youth Games in Nanjing and Intellectual Property Advertising Brochure were formulated and issued. The 3rd Creation Contest and the Youth Olympic Games (the Asian Youth Games) Intellectual Property Protection Popularization Activity was held to actively perform relevant advertising and training. The People’s Government of Nanjing and the General Administration for Industry and Commerce signed the Cooperation Agreement Between Ministry and Municipality on Intellectual Property Protection for the Asian Youth Games and the Youth Olympic Game, and promulgated the Working Plan of the Administration for Industry and Commerce in Nanjing Serving to Guarantee the Asian Youth Games and the Youth Olympic Game. It carried out “100-day special actions on intellectual property protection for welcoming the Asian Youth Games,” focusing on the commodities whose logos of the two games were easy to have infringement on, including souvenir coils, medals, stuffed toys, clothes, shoes, hats, and stationeries. They focused on carrying out network-type inspection and hitting down illegal behaviors centering on small commodities markets, souvenir markets in scenic spots, urban-rural combination area, urban small commodities distributing centers, and markets surrounding schools. During the games, supervision was strengthened. The Organization Committee of the Youth Olympic Games dispatched 62 persons of legal staffs to patrol and inspect the stadiums and athletes village every day, finding 18 problems and handling 15 on site. The organs in the line of Administration for Industry and Commerce took the lead to carry out law enforcement inspection and dispatched staffs to station on the site for supervision. Nearly 1,000 persons were mobilized for law enforcement. 29 clues of infringement were discovered and accepted, of which 26 were filed and investigated and 13 were settled (of which 7 were infringement cases rendered administrative punishment and 6 were ordered to rectify). 40 persons were talked to for administration purpose and 2 letters were issued to relevant units. Relevant departments checked 455 pieces of outdoor advertisements in the area controlled by the Asian Youth Games (not including the bus stops), urged advertising companies to dismantle more than 60 advertisements on fences and 242 road flags, replaced 26 sets of advertisements from sponsors for the Asian Youth Games, replaced 145 charity advertisements concerning Asian Youth Games, removed 16 pieces of LED advertising screens, displayed the propaganda film for the Asian Youth Games according to the requirements, and cleared 1 infringed commodity sold by occupying the road. During the period of the Asian Youth Games, no significant infringement events occurred.

  As of December, the Organization Committee of Nanjing Youth Olympic Games applied for registration of 39 copyrights related with the Youth Olympic Games, including torches, sport logos, cultural and education logos, and mascot sport logos. 219 special logos were approved, and 17 are still under inspection; 89 trademarks were approved and 1 is still under re-inspection. The Organization Committee of Nanjing Youth Olympic Games unified the units, including the Municipal Administration for Industry and Commerce, Intellectual Property Administration, Justice Bureau, and the People’s Court, to jointly hold the “Seminar on Intellectual Property Infringements of the Youth Olympic Games” to discuss the difficult problems in infringement behaviors, recognition, and punishment basis for hidden market behaviors in the law enforcement, and study for the pre-arrangements. It organized the filming of the documentary named Law Express-Intellectual Property Protection for the Youth Olympic Games and showed it on mobile media including metros and buses in Nanjing. It held the composition contest of “the Youth Olympic Games and Legislation and Culture Construction” and received 353 papers for the contest. Relying on the law popularization brand of “Legal Stories on School Shuttle Buses,” Luhe District formulated the special issue of stories related with the Youth Olympic Games so as to popularize the intellectual property protection in elementary schools and primary schools in the district. The Municipal Administration for Industry and Commerce took the lead in carrying out constant patrol inspection mainly on outdoor advertisements, newspaper and magazines, radio station, TV station, and websites in Nanjing Area. The Organization Committee of Nanjing Youth Olympic Games publicized the 24-hour service hotline for reporting to the society and received 4 reports from citizens, 11 reports from administration organs during their inspection, 5 from legal patrol inspection. Every clue of infringement was registered in the records, so that the reports had records, investigation had pictures, and the treatment would have results. The Intellectual Property Protection Office of Nanjing Youth Olympic Games held more than 10 coordination meetings and established green channel for transfer of cases. The administration organs played their respective functions and closely cooperated to jointly create the brand of “Peaceful Youth Olympic Games.”

南京市知识产权局