The Status of Intellectual Property

Protection inin 2016

In 2016,city continuously carried out in depth innovation-driven development strategy and "National IPR strategy". Grasping the chance of national IPR demonstration city construction,city improved IPR policy system, innovated IPR managing system, improved IPR creating quality, strengthened IPR protection and application, and promoted IPR work to progress smoothly.

I. System Construction

In 2016,municipal government and relevant departments successively formulated and amended the policies, measures and regulations of boosting IPR protection, so as to brought policy guidance into full play and comprehensively promote IPR creation, application and protection and managing capability.

Hangzhou Municipal Intellectual Property Office drafted the "13th Five-year" IPR Plan of Hangzhou City (Exposure Draft), proposing the overall target, thinking and practice scheme of IPR work in our city during "13th Five-year". The Office formulated and promulgated "Detailed Rules for Patent Special Funds in Hangzhou City" and "the Procedure of Cognizance and Administration for Experimental and Exemplary Enterprise in Hangzhou City", started the revision of "Patent Administration Ordinance in Hangzhou City", brought into full play the supporting and leading roles of patent system in promoting technological innovation, enhancing core-competitiveness of enterprises, and improved the abilities of IPR creation, application, protection and management of enterprises.

Hangzhou Customs started the amendment of IPR protection procedure in the Customs Surveillance Zone by amending 79 articles of the procedure and forming 30 documents, further normalized the IPR law-enforcement procedure in the Customs Surveillance Zone, and comprehensively promoted the IPR work level in the Customs Surveillance Zone.

II. IPR Achievement

1. Patent

In 2016,had 73546 patent applications growing 20.89% over the previous year of 2015, including 24951 invention patent applications growing 40.36% over the previous year, including 8647 invention patents, growing 4.23% over the previous year, 36579 valid invention patents, growing 20.8% over the previous year. 13 patents of the city won the 17th Session of China Patent Award, including 11 Distinction Award and 2 Excellent Design Patent Award.

2. Trademark

By the end of 2016,had 264200 valid registered trademarks and 28 certification marks (2 newly added), including 24 geographical indication certification marks (2 newly added) and 37 collective trademarks (2 newly added). Nowowns 132 administratively accredited well-known trademarks (11 newly added), 671provincial famous trademarks (56 newly) and 1016municipal famous trademarks (150 newly added).

3. Copyright

city actively expanded the range of works registration and protection, and effectively safeguarded legal rights and interests of copyright obligee. 3330 works were registered in 2016, ranking the first place in national voluntary registration.city held the first session of annual meeting of "National Copyright Modeling City Union", successfully included in the first national-level camp.

III. IPR Law Enforcement

In 2016, all IPR law-enforcing departments and all district (city) governments strengthened law-enforcing force, enhanced the cooperation between departments and carried out in depth "Escorting" special action and other actions of IPR law enforcement and guarding, obtaining good result.

1. Administrative law enforcement

(1) Hangzhou Municipal Intellectual Property Office played the role of IPR work leading group, carried out four IPR law enforcing checks at RT Mart in Jiande county, Jin'an Home Appliances in Fuyang city, Lianhua Supermarket in Chun'an city and Fenshui Pen-making Park in Tonglu county jointly with administration for industry and commerce, copyright and IPR offices at district or county level, examining more than a thousand of commodities in the field. The whole city placed 1218 patent cases on file including 172 fake patents, 1046 infringement disputes, and case closing rate reached 99%.

(2) Hangzhou Municipal Copyright Office mobilized the superintendents at cultural markets to investigate openly and secretly, strengthening the power of law enforcement. The investigation included the purchase channel of news-stand, purchase list and relevant legitimate procedure. The Office also investigated the registration in online book-selling platforms, and carried out online patrol and instant handling. The investigation also included the print of illegal publication and the implementation of relevant regulations concerning print and copy. The Office placed 68 cases on file, forfeited RMB 330000, suspended 4 firms and revoked 3 business licenses.

(3) Hangzhou Municipal Market Supervision Administration actively carried out trademark IPR escorting action, combined special rectification and routine monitor, and concentratedly striked severe infringement, groupment infringement and large-scale counterfeit of trademark. The whole city investigated and prosecuted 344 cases of trademark infringement including 114 foreign cases, involving RMB 8,165,800, confiscated RMB 5,929,500, and referred 1 case to judicial organs.

(4) Hangzhou Municipal Quality Supervision Bureau totally dispatched 16446 person-times, checked 6461 processing enterprises, investigated and prosecuted 883 infringing activities including 681 cases of filing punishment, 3 cases of on-the-spot penalty and 199 cases of ordered rectification, Seized 308000 illegal products involving RMB 3,128,700, and confiscated illegal products involving RMB 749,800, Destroyed counterfeited and inferior products involving RMB 965,400, Closed 681 cases including 319 major cases involving more than RMB 10,000, handed the penalty and confiscation of RMB 14,275,900 over to the national treasury, Handled 9673 cases of tip-off and complaint, and saved direct economic loss of RMB 297,700 for consumers and enterprises.

(5) Municipal Forestry and Water Conservancy Department carried out forest seedling law enforcement check in the mode of self-check at district and county levels combined with sampling check at provincial or city levels. In 67 batches of field checked the seedlings of precious tree species,  colored-leaf trees and economic tree, all the seedling qualification rate was 100%, and there was no fake seedling operation activity and no tip-off case.

(6) Municipal Department of Agriculture carried out the examination in part of seeds market in the whole city. With emphasis on rice and maize seeds, the Department examined vicious behaviors of infringing variety rights and "fake plate" producing and selling of infringed varieties. The Department organized the examination of production license, variety ownership and variety authenticity of hybrid rice seeds and late japonica rice seeds, preventing rice seed bases from undocumented producing and variety "fake plate" infringing. The Department actively carried out the propagation of common sense, regulation and policies concerning agricultural IPR, effectively resisted counterfeit and inferior products, and further created a good IPR order and market environment.

(7) Hangzhou Customs continuously kept the high pressure on IPR infringement. In 2016, the Customs Surveillance Zone under the guidance of Hangzhou Customs checked and detained 4,360,100 infringement-suspected goods in 7732 batch-times worth RMB 17,718,800 successfully protected the intelligence property rights of 10303 goods in 5615 batches from 25 countries and regions concerningcity. The Customs carried out the cooperation with Alibaba Group and established a normalized cooperation mechanism of data share and clue exchange. Since the establishment of cooperation, the Customs reported to Alibaba Group 5 batches of IPR infringement clues involving 1737 post parcels, and hence the Alibaba Group verified and closed down 35 infringing shops. The Customs actively continuously carried out "Fresh Breeze" action in Customs Surveillance Zone to strictly strike the infringement in exported goods to Africa, Arabia, Latin-America, countries and regions along "the Belt and Road", and focusing on Latin-American countries such asand, took IPR protective measures for 951 batch-times accumutively involving more than 3,300,000 goods.

2. Judicial Work

(1) The economic investigation teams of public security departments in the whole city investigated 59 cases concerning counterfeit and IPR infringement, solved 42 cases, referred 40 cases for prosecution, seized 67 suspects, Destroyed 3 dens of manufacturing fake brand garment and sports equipment, and captured more than 100000 fake brand garment, shoes and caps, jewelry, decorating materials and sports equipment and a lot of garment trademark, label and packaging bag.

The economic investigation detachment of Hangzhou Municipal Public Security Bureau, jointly with the economic investigation brigade of Jianggan District Public Security Branch, drew in the net of "8.25" selling fake NBA cluster campaign that was included in 2015-2016 Top-10 Cases of IPR Protection appraised by High Quality Brand Protection Committee of China Association of Foreign Investment Enterprises.

(2) the Procuratorate organs of the whole city approved the arrest of 5 persons in 4 criminal cases suspected of IPR infringement, Indicted 59 persons in 39 cases, including 9 persons in 7 cases of counterfeiting registered trademark, 47 persons in 31 cases of selling counterfeit registered trademark, and 3 persons in 1 case of illegally manufacturing and selling registered trademark. The fields concerning IPR infringement mainly are digital products, garment, shoes and caps, and building materials.

(3) The courts in the whole city accepted and heard 5498 IPR civil cases of first instance and 884 cases of second instance, Concluded 5281 IPR civil cases of first instance and 857 cases of second instance. The courts in the whole city sentenced 38 persons in 34 IPR criminal cases, including 4 persons in 3 cases of counterfeiting registered trademark, 42 persons in 29 cases of selling counterfeit registered trademark and 1 person in 1 case of illegally making and selling counterfeit registered trademark. The patent case ofbecame a new growing point, totaling 710 cases in the whole year growing 46.7% over the previous year, making up 38.4% in IPR cases. The court time for patent case was three times other cases. "Case in case" such as preservation, jurisdiction objection grew several times. The Court handled 169 cases of deposition by witnesses and property preservation, and sentenced jurisdiction objection in 95 cases of first instance. The trial of hard cases increased.

The "3M" trademark case heard by Hangzhou Intermediate Court was included in 2015-2016 Top-10 Cases of IPR Protection appraised by High Quality Brand Protection Committee of China Association of Foreign Investment Enterprises, 2015 Zhejiang Court Top-10 Cases of IPR Protection and 2015 Chinese Court 50 Classic IPR Cases. A "big-head son" copyright case was selected in the third session of excellent cases by national  young judges.

3. Exhibition Protection

In 2016, the IPR-related departments in the city jointly strengthened IPR protection in exhibition business. The Municipal Intellectual Property Office carried out exhibition enforcement work jointly with Market Supervision Administration and the Municipal Copyright Bureau. The Office laid emphasis on Industry Expo, Hangzhou Cultural and Creative Industry Expo of Hangzhou International Animation Festival, and resided in these expositions for law enforcement in the field.

IV. Construction of Mechanism and Ability

In 2016,city continuously promoted the construction of demonstration city, fulfilled the annual assessment for national IPR demonstration city at the same time, and completed the review ofprovincial IPR demonstration zone.city actively innovated working thought on IPR protection and obtained new progress in the construction of mechanism and ability.

(1) Theof the Municipal Intellectual Property Office listened to more than 500 telephone calls of various complaint and consultancy, accepted and heard 716 right-assistance-related cases and referred 501 cases for prosecution. The China Hangzhou (Pen-making)accepted and heard 496 patent applications from local pen-making enterprises, and all applications were granted. The Center accepted 31 cases of infringement complaint, placed 29 cases on file, closed down 59 cases (including those left over last year in which 22 cases were conciliated and 8 cases referred to courts for prosecution, resulting in a case-ending rate of 100%). Implementation of IPR protection in E-commerce field Municipal Intellectual Property Office set up the mechanism of exchange with Zhejiang Taobao Network Co. Ltd. and Alibaba Network Co. Ltd. As far as any case of complaint related to the above two websites, once verified, the Office would directly notify the websites to draw complained goods from the shelf and supervision of the websites for relevant prevention and control.

(2) Municipal Market Supervision Administration seriously carried out "2016 Zhejiang Action of Trademark & Brand Strategy" of the provincial government, and energetically promoted trademark and brand work. The city newly added 1 provincial trademark & brand demonstration county (district) and 1 demonstration township (street) and 7 provincial trademark & brand demonstration enterprises. The Administration guided enterprises to utilize trademark pledge loan, and actively expanded enterprise financing channels. The whole city had 251 trademarks of 27 enterprises that participated in the trademark pledge loan from 16 financial institutions, and the credit amount reached RMB 1424 million and loan amount reached RMB 599 million. The Administration seriously carried out the "Implementation Opinions on Further Promoting Trademark & Brand Strategy", held on-the-spot meeting of trademark & brand construction to promote the trademark & brand work to develop in depth and width. The Administration established a database of cultivating and developing well-known, famous, noted trademarks for the purpose of focusing on, cultivating in steps, developing assortatively, and promoting recursively the trademarks. The Administration continuously guided and supported agricultural enterprises to create brand and speed up the cultivation, application and protection of geographical indication certificate marks and collective trademarks. The Administration encouraged enterprises to concentrate the information of registered trademark and expand international market with independent brands.

(3) The Municipal Forestry and Water Conservancy Department enhanced at least one patrol over 11 seeds and seedling business in flower nursery stock markets in the city, realizing overall coverage, And enhanced the supervision of licensing matters in process and afterwards by implementing such supervision for 152 times.

(4) The checking department of Municipal Quality Supervision Bureau flexibly applied Internet thinking, fully utilized the technology of "big data" and "cloud computing", studied how to link checking law enforcement to online product supervision, and innovated case handling thinking. In 2016, the Bureau formally issued the norm of assisting investigation in promoting E-commerce product law enforcement, Deepened the infringement clue investigation of E-commerce product quality, Promoted research sample check of E-commerce regional product quality, Developed the coordinating net of anti-counterfeiting law enforcement for E-commerce quality, Actively schemed special action of landing investigation and prosecution. The Bureau clearly defined the responsibility and work division of law enforcement and assisted investigation of E-commerce products, made multi-channel management and control over the quality of E-commerce products, realized precise strike against the enterprises of illegal unqualified E-commerce product, and added many successful cases to anti-counterfeiting and right protection infamous enterprises by quality supervision departments.

(5) Hangzhou Customs actively guided the proprietary IPR in the city to register 95 items in General Customs Administration, growing 143.59% over the previous year. The Customs enhanced the law enforcement cooperation with public security departments at all levels, and improved the linking cooperation mechanism between two laws. In 2016, the Customs reported to Zhejiang Provincial Public Security Department the clues of suspected infringement in 22 cases involving more than 260000 goods and RMB 4490000. The export infringement case through Internet channel firstly occurring in national customs was listed as a yearly key supervision case by Zhejiang Provincial Public Security Department.

(6) The economic investigation departments of municipal public security bureau tried a new mode of anti-counterfeiting work supported by big data and cloud computing, carried out "2016 Cloud Sword Action" in the city and obtained considerable effect. They actively served for good advisers for the government, promoted regional control and market reputation. They severely punished the infringement that harmed mass interests and safety, affected the brand ofmerchants and the overall situation of innovation and development, and effectively safeguarded the interests and safety of the masses.

practiced judicial convenience for the people, and carried out circuit trials. In 2016,handled 13 patent cases at Fenshui Township IPR circuit court in, and concluded 11 cases. The Court optimized the configuration of IPR trial resource in the whole city, and after reporting to and approved by the Supreme Court, determined Hangzhou Railway Transport Court to administer claims in Shangcheng district, Jianggan district, economic and technological development zone, Fuyang district, Lin'an city, Jiande city, Tonglu county and Chun'an county or the common IPR civil cases with amount of dispute subject under RMB 5 million. The E-commerce lawsuit guidance center and online court established by the Court has fully realized networking at all links of case registration, mediation, court hearing, and judgment.

V. Propaganda and Training

In 2016,highly valued the fostering of IPR social cultural atmosphere and promoted IPR sense of the whole society. Taking the opportunity of "4.26 World IPR Day",city published the white book of "The Status of Intellectual Property Protection inin 2015" at Hangzhou Web, China Hangzhou and Hangzhou IPR Office websites.

1. IPR propaganda

(1) During the period of "4.26 World IPR Day", Hangzhou Municipal Intellectual Property Office distributed publicity materials at busy streets and large bazaars and volunteer IPR propaganda. In addition, the Office published relevant policies on relevant media such as Hangzhou Daily and Qianjiang Evening, playing the role of traditional media, and encouraging social community to actively participate in and report the patent infringement and further enhancing the IPR protection in the city. The Office also played the role of large outdoor advertisement by propagating in parts of No. 2 subway stations, and issued the promo with the theme of law enforcement and rights protection.

(2) Municipal Copyright Office conducted "Green bookmark" activity at crowded places such as community, square and library, posted 1500 placards in the field, issued 5000 copies of "Green bookmark", significantly promoted students, genearches and civilians to consciously resist vulgar pirated illegal publication.

(3) The Municipal Forestry and Water Conservancy Department, in combination with routine supervision of forestry seedlings, square service, bringing forestry technology to the countryside, conducted the propagation of "Seed Law of the People's Republic of" and "the Procedure for the Production License of Forestry Seedling". In combination with the activity of "12.4 National Constitution and Legal Publicity Day", the Department carried out the action of new seed law propagation and law enforcement at forestry seedling & flower markets and forestry seedling & flower businesses, introduced relevant contents to these businesses and issued 15000 propagating pamphlets of "Seed Law of the People's Republic of China" in the whole city, Bought and reprinted 3000 copies of " Seed Law of the People's Republic of China". And 2000 copies of conditions and procedures to obtain the Production License of Forestry Seedling, Made 16 banners to propagate " Seed Law of the People's Republic of China", And answered field consultancy for 500 person-times.

(4) Hangzhou Municipal Department of Agriculture formulated and issued 300 "Newly Issued Seed Statute Book" to seed enterprises and seed administrations at county or district level, visited many agricultural enterprises, propagated the law and regulation of " Intellectual Property Law", "Regulations for the Protection of New Varieties of Plants" and "Trademark Law" to  enterprises, explained and publicized the IPR-related common sense, laws, regulations and policies such as new variety right, trademark and geographical indications.

(5) Taking the chance of "4.26 IPR protection propagation weeks" and "8.8 Customs legal propagation day", Hangzhou Customs carried out propagation to foreigners in multiple modes. The Customs propagated IPR Customs protection policies and regulations to local enterprises, and promoted the IPR protection sense of the whole society.

(6) The IPR judgment work of courts ofreceived the interview from Chinese central media, and various media made large-scale propagation and report of the IPR judicial protection mode ofcity. Hangzhou Municipal Intermediate People's Court carried out IPR Propaganda Week Campaign, Compiled serial IPR judicial protection pamphlets of "IPR and", and published 2016 Top-ten cases of IPR judicial protection. Hangzhou Municipal Intellectual Property Office held a training class of "IPR Promoting Innovation and Starting Business", enhanced the communication and exchange between IPR judicial protection and administrative protection. The Office promoted the open trial of IPR case through many ways such as living broadcast, microblog and circuit trial.

2. IPR Training

(1) Hangzhou Municipal Intellectual Property Office held 8 propagation meetings for the training of remedies for patent infringement and "the Procedure of Patent Special Funds in", and more than 1000 person-times participated in the training. The Office also held various training classes such as "IPR Promoting Innovation and Starting Business", "Internet+ IPR Enterprise Innovative Ability Promotion" and "Industrial Robot Patent Early Warning", training more than 5000 person-times. The Office also established beginners' class and intermediate class of patent analysis and beginners' class of patent layout, training nearly 100 enterprises, patent agencies and colleges and universities involving 270 persons. The Office also held a training session of fake patent in circulation field, organizing more than 100 patent managerial personnel of city or county development zones and shops. The Office also signed volunteer agreement with China Measures Institute and Hangzhou Normal University, and organized a 50-volunteer team in each university respectively to conduct patent propagation, training and mining in parks, management committees, incubators, communities and campus, and more than 400 person-times took part in the action. The Office carried out professional title evaluation for patent service personal, and after linking with human resources bureau, included the evaluation into the professional series of nature study, and organized relevant training.

(2) The Office also organized 2 training classes of law enforcement, 1 training class of administrative law enforcement jury in cultural market, 1 training class of comprehensive enforcement information work in cultural market, and 1 training class of statisticians in cultural market in the whole city, and 1 training class of "Net-Cleaning Guard", and 430 person-times participated in the training.

(3) Market Supervision Administration, jointly with Municipal Trademark Association and Municipal Individual and private association, organized the training of overseas trademark registration and protection practice for oversea E-commerce and foreign trade enterprise in Hangzhou city, explaining how to register domestic and oversea trademark, and more than 100 enterprises participated in the training and received "Training Manual of Overseas Trademark Registration in Hangzhou". The Administration organized the training of Hangzhou Famous Trademark application, and invited well-known trademark enterprise -- Zhejiang Jinguo Xili Comprehensive Service Co. Ltd. -- to share its experience of enterprise brand development, further promoting the trademark and brand sense of the enterprises in the city.

(4) Municipal Forestry and Water Conservancy Department held 8 sessions of law and regulation training such as newly revised "Seed Law of the People's Republic of", and more than 800 persons participated in the training.

(5) Municipal Department of Agriculture, taking the chance of “IPR Day propagation, invited the expert of municipal patent agency to give IPR protection lecture at municipal grass-root agricultural technician training class. In August, the Department held a training class of new seed law and the procedure for seed operation license in, specifying the newly added chapter in new seed law "New variety protection" and defined the norms of granting condition and principle of variety rights and variety naming and rights range.