2014年，湖南省深入贯彻落实党的十八大及十八届三中、四中全会精神，以促进“三量齐升”、推进“四化两型”为目标，大力推进知识产权战略实施，严厉打击侵犯知识产权和制售假冒伪劣商品违法行为，全省知识产权创造、运用、保护、管理和服务水平进一步提升，知识产权工作长效机制不断巩固，知识产权保护氛围日益浓厚，为创新驱动发展提供了坚实保障。
一、深入推进知识产权战略实施
强化知识产权政策导向。省政府常务会议专题研究知识产权保护工作，办公厅印发了《关于进一步加强知识产权保护工作的通知》，从加强科技创新活动的知识产权保护、加强重大经济活动的知识产权保护、加强我省重点领域的知识产权保护、完善知识产权保护机制四个方面对加强我省知识产权保护工作提出了进一步的要求。省知识产权协调领导小组开展了战略实施五周年评估工作，出台《湖南省文化产业知识产权战略实施意见》，支持成立了文化产业知识产权联盟。省科技厅、省工商行政管理局、省知识产权局联合制定出台了《关于支持以专利使用权出资登记注册公司的若干规定(试行)》，对推进我省技术成果转化、推动结构调整和升级起到了积极作用。省国资委与省知识产权局联合制定了《关于进一步加强省属监管企业知识产权工作的意见》，推动监管企业把专利、商标、版权等知识产权指标纳入企业岗位管理和业绩考核范畴。省教育厅起草了《关于推动高校产学研结合、促进科技成果转化的意见》，制订了保护知识产权创造者合法权益的一系列突破性政策。省财政厅会同相关部门完善促进自主创新的支持政策，明确要求在安排财政专项资金时，要重点向拥有自主知识产权的企业和项目倾斜，引导和支持企业自主创新。省质监局制定了《湖南省地理标志产品保护工作实施办法》，完善地理标志产品保护申请监管程序。
促进专利条例贯彻落实。省人大常委会专门部署全省“一法一细则一条例”专利执法检查工作，副主任谢勇、刘莲玉亲自带队赴株洲、岳阳、益阳、长沙、湘潭等地开展重点检查和专题调研。地方党委、人大、政府高度重视，知识产权局全力配合，圆满完成省人大专利法执法检查相关工作。执法检查组专门召开审议意见专题交办会，充分肯定了我省专利工作取得的成效，提出了完善专利事业发展的保障机制、大力加强信息平台建设和服务机构建设等整改意见，有力促进了我省专利条例的贯彻实施。
稳步开展打击侵权假冒工作。省政府推进“双打”工作省市县三级联动，组织协调进一步加强，长效机制进一步完善，打击力度进一步加大。一年来，全省行政执法机关共立侵权假冒案件12913起，涉案金额近1.5亿元；移送司法机关案件83件，涉案金额2760万元；捣毁窝点73个，为优化市场营商环境、维护人民合法权益提供了坚实保障。省“双打”领导小组在年度工作要点中明确将“两法衔接”信息平台建设作为重点工作内容之一。省政府召集省检察院、省财政厅、省“双打”办就“两法衔接”信息平台建设问题进行专题研究，积极推进信息平台建设项目审批，落实项目建设专项经费。积极推进我省侵权假冒行政处罚案件信息公开工作，受到国务院及中央部委的肯定，李友志副省长在全国打击侵权假冒工作领导小组第七次全体会议上就我省工作做了典型发言。
不断提高知识产权执法保护效能。知识产权保护示范市场工作顺利开展，长沙万家丽、株洲万博龙等四家专业市场进入国家知识产权保护规范化市场培育试点。省知识产权局提升基层专利行政执法队伍素质，制定《关于加强专利行政案件办理质量工作的意见》、《专利行政执法案卷管理工作制度》，确保办案程序“零违反”、定性处理“零偏差”。省新闻出版广电局针对网络执法技术性强的特点，举办了全省版权执法培训班。各级工商部门加强区域之间的协调配合，有效整合执法资源，提高执法效能。省文化厅全年举办7期培训班，共培训执法骨干400多人次。长沙海关设立举报热线，鼓励社会公众向海关举报进出口环节的侵权违法活动。
进一步推进维权援助工作。拓宽知识产权维权援助工作面，增设衡阳、湘西维权分中心，全省维权援助机构达到10家。省维权中心组建了“湖南省专利侵权咨询判定中心”，面向市州和企业开展咨询判定活动。向企事业单位提供知识产权维权援助服务近50次，进驻大型展会开展维权援助服务活动5次。长沙市制定《知识产权维权援助管理办法(暂行)》、《企业知识产权境外维权指引》、《企业境外参展知识产权指引》等指导性文件，鼓励和支持企业、权利人通过法律途径维护自身权益，加强对境外维权的规范和指导。株洲市出台维权援助举报投诉奖励及资助政策，对经济困难的权利人给予资金援助。
大力培育知识产权人才。贯彻落实《湖南省知识产权人才发展规划》，扎实推进知识产权人才队伍建设。全年共有5人入选全国知识产权领军人才、专利信息领军人才和百名高层次人才，目前共有62人入选全国师资人才。省人社厅在工程系列内继续开展专利管理工程专业职称评审。省科技厅连续两年组织科技型企业人员开展企业科技政策联络员培训，重点讲授科技管理与知识产权、科技企业知识产权战略诊断和预警等方面的内容。省知识产权局全年举办培训班39期，培训人员5200余人次；加强与欧盟、港澳知识产权交流合作，成功举办“海外名师大讲堂-外观设计制度研讨会”。省教育厅持续投入100万元专项经费，加强中南大学、湖南大学等高校的知识产权省级重点学科建设，支持湘潭大学开展知识产权专业本科生培养工作，引导高校面向非法学专业学生开设知识产权选修课程。省农委与省知识产权局联合举办了全省农药生产企业知识产权培训班，培训农药企业管理人员和监管人员100余人。省林业厅组织省林科院、省森林植物园、中南林业科技大学及企业科研人员共40余人参加“全国林业植物新品种保护培训班”，提升林业植物新品种创制、申报、保护水平。省工商局举办了全省工商系统新《商标法》视频培训会议。
加强知识产权宣传和文化建设。我省成立文化产业知识产权联盟并成功举办首届“文化产业知识产权保护与发展”培训班，省知识产权协调领导小组发布《2013年湖南省知识产权保护状况》白皮书，省知识产权局举办第三届高校和首届企业知识产权抢答赛，在红网启动了“保护·运用·发展”为主题的“4 ·26知识产权宣传周”活动。省质监局召开新获地理标志产品新闻发布会，对新批21个产品和64家企业进行授牌。省新闻出版广电局协调湖南经视等24个省市县电视台，播出版权保护主题宣传片，深入普及版权保护知识。省司法厅组织知识产权律师巡讲团深入高校开展巡回讲座，举办了《文化产业知识产权法律服务创新》、《文化产业版权保护现状与实践》等专题讲座。
二、知识产权实现量质双提升
专利：2014年，全省专利申请量44194件，专利授权量26637件，均稳步增长，发明专利申请量和授权量分别同比增长21.24%和15.14%。截止2014年底，全省每万人口有效发明专利拥有量达2.53件，比去年底增长19.46%。第十六届中国专利奖评选中，我省获得2个金奖，12个优秀奖，4个外观设计优秀奖。
商标：2014年，全省累计有效注册商标16.1万件，比去年增长16.16%，在全国排名第十二位；新注册地理标志商标13件，总数达89件；新认定驰名商标17件，总数达336件；新申请马德里国际商标94件，申请量总数达274件；8件品牌入围2014中国品牌500强，拥有量居全国第十二位。
版权：全年自愿登记作品2052件，比上一年度增长70.85%。共为企业办理海外承印版权审核备案27项，办理版权引进合同审核登记284项，为企业开展海外业务提供了有力支持。加快推进企业软件正版化，我省25家列入正版化计划的企业全年共投入资金86.47万元，采购正版软件(含服务器软件)340套。
植物新品种：截止2014年12月底，全省共有农业植物新品种权220个，较2013年增加33个，在全国排名第十位。
地理标志：2014年，我省共对54个产品实施了地理标志产品保护，农产品地理标志授权38个，核准使用专用标志企业271家。国家质监总局支持新晃、汉寿筹建国家地理标志示范区。建立了40多项地理标志产品地方标准，国际标准化组织——烟花爆竹技术委员会秘书处落户浏阳。
非物质文化遗产：2014年，全省共有19个非物质文化遗产列入国家级非物质文化遗产名录。湖南省湘绣研究所和醴陵陈扬龙釉下五彩瓷艺术中心被文化部认定为第二批国家级非物质文化遗产生产性保护示范基地。截止2014年底，全省共有国家级保护项目118个，国家级项目代表性传承人76人；省级保护项目202个，省级项目代表性传承人231人。
三、知识产权保护成效明显
知识产权行政保护。全省各部门运用多种行政手段加大保护力度，提高保护效率，充分发挥知识产权在社会经济发展中的积极作用。
专利行政保护。全面推广使用专利行政执法管理信息系统，规范执法程序，全省已建立部门联合、三级联动的执法工作机制，14个市州知识产权局全部参加了泛珠三角区域专利行政执法协作体系，专利行政执法工作居于全国前列。2014年，全省专利行政执法部门立案办理专利行政执法案件2815件，同比增长11.2%。深入推进专利纠纷行政调解协议司法确认工作，全年共有11起案件进入司法确认程序，8件完成确认。
商标行政保护。开展保护商标专用权专项行动，加大了商标侵权案件的查处督办力度。2014年全省共立案查处商标侵权案件1192件，罚没款928.62万元。依法依规公开行政处罚案件信息，在全国企业信用信息公示系统(湖南)和湖南工商红盾信息网公开各类行政处罚案件信息共7853条。
著作权行政保护。版权管理部门开展“剑网2014”专项行动，加强对重点网站的监管，共立网络侵权案件32起，其中，“永州谭某某等涉嫌通过网络销售盗版软件案”被列入全国打击网络侵权盗版专项治理行动十大案件。联合省网信办、省公安厅、省通信管理局加强对重点网站的监管，将4家互联网运营企业及65家新闻网站、音频视频网站、网络销售平台列入省市重点监管对象，组织企业开展版权自查自纠，卸载未经许可传播的作品。开展市、县政府软件正版化工作检查，共检查市县级政府机关84个，计算机504台。
植物新品种权行政保护。农业部门开展种子市场专项整治，进行了春、夏、秋三季种子抽样检查，范围涉及14个市州的种子交易市场、经营门店以及14家企业的制种基地，共对300余个种子经营者的近700个种子样品进行取样检测，样品合格率均在92%以上。林业部门开展造林苗木林木种子生产、经营许可证、质量合格证、检疫证、种子标签“四证一签”清理行动，从源头上把好良种壮苗生产关；针对春季造林期间的侵犯林业植物新品种权开展专项执法行动，销毁无证无签油茶苗木3000多株，查处证照不全的苗木生产经营单位4家。
地理标志产品行政保护。有针对性的开展地理标志产品保护工作检查。近四年以来，全省开展地理标志产品专项检查200余次，检查地理标志产品生产企业1000余家次，立案查处违法企业29家，对92家企业作出了责令整改处罚。开展“浏阳花炮”跨省市场联合打假行动，立案查处600多起，查获假冒“浏阳花炮”87500箱，涉及货值金额3000余万元。
海关知识产权行政保护。全年共查处知识产权案件61起，涉案物品13万余件。加大对发往美国和欧盟等重点国家和地区的重点商品、邮包和快件的查验力度，实行100%过机查验，提高涉嫌侵权货物、物品的查获率，查获一起货运渠道侵犯“FIFA”图形商标沙滩巾案，涉案物品3万余件，案值80余万元。
知识产权司法保护。全省各级检察机关强化侦捕诉衔接机制，在提前介入、案件讨论、补充侦查等多方面，加大侦查监督与公安机关、公诉部门的协调与配合，实行侦捕诉信息共享和相互备案制度，有力促进办案质量和效率的提高。准确把握政策法律界限，依法严惩侵权假冒犯罪分子，同时注重宽缓刑事政策的运用，最大限度地化解社会矛盾。2014年，全省检察机关共批准逮捕涉嫌侵犯知识产权犯罪案件25件39人，共起诉涉嫌侵犯知识产权犯罪案件89件154人。
全省法院充分发挥知识产权民事、刑事和行政审判职能，司法保护知识产权主导作用进一步发挥。全年共受理知识产权案件2156件，审结1721件，结案率为79.82%，同比增长1.25%。充分发挥民事审判保护知识产权的主渠道作用，受理知识产权民事案件1989件；积极发挥知识产权刑事审判的惩治和震慑功能，受理知识产权刑事案件115件；依法履行对知识产权行政行为的审查职能，规范知识产权行政管理秩序，受理知识产权行政案件52件。
全省公安机关加大对侵犯知识产权和制售假冒伪劣商品犯罪行为的打击力度，经侦、治安部门共侦破相关刑事案件752起，抓获涉案人员785人，捣毁制假、售假窝点608个，缴获假冒伪劣商品300余万件，挽回经济损失1.24亿元。联合新闻出版、工商、质检等行政部门，出动警力2000余人次，深入开展“剑网2014”打击网络侵权盗版专项行动、网上打假专项行动，开展联合执法110余次，共破获各类侵权盗版违法犯罪案件51起，核查各类线索400余条。
The Intellectual Property Protection in Hunan Province in 2014
In 2014, in order to thoroughly implemented the spirit of the 18th CPC National Congress, the Third and Forth Plenary Session of the 18th Central Committee of the party, and to promote “The synchronous lifting of total volume, the per capita amount and quality of volume of the economy” and “Four modernizations and Two-oriented society”， the Hunan Province government has vigorously promoted the implementation of intellectual property strategy, cracked down on intellectual property infringement and selling of counterfeit and shoddy goods. The level of intellectual property creation, use, protection, management and the service have enhanced further, the long-term mechanism of the intellectual property work has been continuously consolidated, and the atmosphere of intellectual property protection has been increasingly strong, which provide a solid guarantee for the development of innovation。
I.To Promote the Implementation of Intellectual Property Strategy in Depth
To strengthen the orientation of intellectual property policy. The executive meeting of the provincial government did research on the protection of intellectual property. The General Office has launched Notice of Further Strengthening the Work of Intellectual Property Protection, requesting further on the protection of intellectual property from the following four perspectives, including strengthen the intellectual property protection of scientific and technological innovation activities, of major economic activities, and of key area of Hunan Province, and improve the protection mechanism of intellectual property. Intellectual property coordination and leading group conducted the five year evaluation of the implementation of the intellectual property strategy; launched Opinions on the implementation of intellectual property strategy of cultural industry in Hunan Province and supported in the establishment of intellectual property alliance in culture industry. Provincial Science and Technology Department, Provincial Administration of Industry and Commerce and Provincial Intellectual Property Bureau produced a joint rule named Provisions on the support of registering company with the right of using patents (try out)， which made positive effects on the promotion of technical results and the adjustment and upgrading of industrial structural. The Provincial State-owned Assets Supervision and Administration Committee and Provincial Intellectual Property Bureau produced Opinions on further strengthen the inspection work of intellectual property in provincial company, making the supervised enterprises bring patent, trademark and copyright into the content of position management and performance feedback. Provincial Department of Education drafted Opinions on promoting the combination of college study, production and research and transformation of scientific and technological achievements, and made a series of breakthrough policy about protecting the legitimate rights and interests of intellectual property creators. Provincial Department of Finance improved the supportive policy about promoting independent innovation with related departments, making clear requirements that it should be focused on the enterprises and projects which have own intellectual property in the arrangement of special fiscal funds, in order to lead and support the companies to innovate independently. Provincial Quality Supervision Bureau formulated Measures about protecting the geographical indication products in Hunan, perfecting the regulatory process of applying protection of product of geographical indication。
To promote the implementation of Hunan Province Patent Regulation. The Standing Committee of Hunan Provincial People's Congress specially arranged the inspection of the enforcement work of ‘Patent law, the Implementing Rule of Patent Law, and Hunan Province Patent Regulation’. Xie Yong and Liu Lianyu, vice director of the Standing Committee, led their team to Zhuzhou, Yueyang, Yiyang, Changsha, Xiangtan to carry out key inspection and survey reports. The local Communist Party committees, People’s Congress and government have shown close attention, and accomplished the work of patent law enforcement inspection alone with the cooperation of the Intellectual Property Office with all strength. The enforcement inspection group specially held an exchange and conduct meeting during the inspection work, fully affirmed the effect of the patent work of Hunan Province, and gave advice to promote the effective implementation of the Hunan Patents Regulation, including the improvement of security mechanism that help the development of patent law, the strengthen of construction of information platform and the service departments。
Steadily carry out the work of fighting against infringement and counterfeiting. The provincial government promoted the cooperation between the government of province, city and county level to fight against infringement and counterfeiting. Meanwhile the government strengthened the organization and improved the long term mechanism and the crackdown against infringement activities. In the past year, the provincial administrative law enforcement organs totally registered 12913 infringement and counterfeiting cases and the amount of money involved was about 150 million Yuan. 83 cases were transferred to the judicial authority and the amount of money involved was about 27.6 million Yuan. The government also destroyed 73 criminal dens. These achievements provided firm guarantee for the business environment and the protection of people’s lawful rights. The provincial leading group stated clearly in their working plan that the construction of information platform of the “Convergence of the Two Legal Authorities” is one of the key methods to fight against infringement and counterfeiting. The Province Government called together the Provincial Procuratorate, the Provincial Department of finance, and the office in charge of fighting against infringement and counterfeiting, and researched on the construction of information platform of the convergence of the two legal authorities. The approval of the item will be promoted and the special funds for the implementation of the item will be given. The government actively promoted the infringement and counterfeiting cases’ information disclosure, which was highly praised by the State Council and the central ministries and commissions. Li Youzhi, the vice-governor of Hunan Province, made a typical speech on the seventh leading group meeting, discussing the national work of fighting against infringement and counterfeiting。
Steadily improve the effectiveness of protecting the enforcement of intellectual property. The pilot demonstration work of intellectual property protecting markets went on well as well. Four specialized markets, including Wanjiali in Changsha and Wanbolong in Zhuzhou, became the pilots of intellectual property protection markets of national standards. The Provincial Intellectual Property Bureau improved the quality of grassroots patent administrative law enforcement team, and formulated Opinions on increasing the quality of patent administrative cases and The patent administrative enforcement records management system, making sure that the handling process are “zero illegal” and the judgments of case nature are “zero incorrect”. The Provincial Copyright Bureau ran training courses about copyright enforcement across the province in considering of the technical characteristics in internet enforcement. Industiral and commerce departments of different districts at all levels strengthened the cooperation between each other, and effectively integrated the enforcement sources and improved the enforcement usefulness. Provincial Department of Culture ran seven training courses through the whole year, and totally trained more than 400 backbone of law enforcement. Changsha Customs set up hotline to encourage the public to report illegal activities in the course of import and export。
To further promote the assistance work of intellectual property protection. In order to widen the scope of assistance work of intellectual property protection, the protection and assistance divisions throughout the province were added to 10, including the new Hengyang and Xiangxi subsection. The Provincial Protection and Assistance Center set up “Hunan Province Patent Infringement Judgment Consultation Center”， which was intended to take consulting activities to help the city governments and enterprises. The Center offered intellectual property protection work of nearly fifty times to the enterprise and institution, and carry out aid activities in the large-scale exhibition for five times. Changsha government made Measures on Intellectual Property Assistance Management (Interim)， Guidelines of Protection of Enterprise intellectual property rights overseas, Guidance of Enterprise Intellectual Property Protection in Overseas Exhibitors and some other guidance documents, encouraging and supporting the companies and rights holders to protect their rights through legal ways and strengthening the regulation and guidance of the rights protection overseas. Zhuzhou government claimed the rewards and support policy about protection and assistance to report complaints, which can give financial support to the poor right holders。
To cultivate the talents of intellectual property. Hunan Provincial Intellectual Property talent development plan was implemented and the construction of intellectual property talent teams was firmly promoted. During the past year, five persons were selected as the national leading talents in intellectual property, patent information talents and 100 high level leaders, which makes 62 persons were selected as national teaching leader in aggregate. Province Administration of Human Resource and social Insurance continuously carried out the title appraisal of patent management engineer profession in the engineering series. Provincial Science and Technology Department organized the training of staff of science and technology enterprise about the enterprise of science and technology policy liaison for two consecutive years, focusing on the management of science and technology and intellectual property, diagnosis and early warning of intellectual property strategy for science and technology enterprises. The Provincial Intellectual Property Bureau held training courses for thirty-nine times through the whole year and the number of trainees was over 5200, strengthen the exchange and cooperation with the European Union, Hong Kong and Macao about intellectual property rights, and successfully holding the Famous Foreign Masters’ Auditorium- the Design System Seminar.Provincial Department of Education continuously invested one million Yuan of special funds in support of the provincial key subject construction in Central South University and Hunan University, as well supporting Xiangtan University to carry out undergraduate cultivation about intellectual property, leading the colleges to open intellectual property elective subjects to those students who are not major in law. Provincial Agriculture Commission and The Provincial Intellectual Property Bureau jointly ran a training course of intellectual property rights about the pesticide production enterprises, and trained more than 100 manager and administrators. The Provincial Forestry Department, together with Academy of Forestry Science, Provincial Forest Botanical Garden, Central South University of Forestry and Technology and the scientific research personnel of enterprise, organized totally about 40 people, attended ‘National Training Course of Protection of Forestry New Varieties of Plants’ and improved the level of creating, claiming and protecting of forestry new varieties of plants. Provincial Industrial and Commerce Bureau held a video conference about the training of new Trademark Law。
Strengthen intellectual property publicity and cultural construction. Intellectual property alliance of culture industry has established in Hunan, and the first session training course of “Intellectual Property Protection and Development of Culture Industry” was successfully held. The provincial leading group of intellectual property drafted “The Protection of Intellectual Property in Hunan Province in 2013”. Provincial Intellectual Property Bureau held the third session of the college intellectual property answer game and the first session of the company intellectual property answer game. It also ran the event about “4.26 Intellectual Property Publicity Week” on the RedNet named “Protect, Apply, and Develop”. Provincial Quality Supervision Bureau held a news conference about the product of newly acquired geographical indication, awarding plaques to the 21 products and 64 companies. Provincial Copyright Bureau cooperate with 24 TV stations of the provincial, city and county levels, broadcast publicity films about copyright protection, in order to deeply popularizing the knowledge of copyright protection. Province Department of Justice organized intellectual property lawyers to held lecture tour among colleges, including special topics as “Innovation of Intellectual Property Legal Services in Cultural Industry” and “Copyright Protection Status and Practice of Cultural industry”， etc。
II. Rising of Both the Number and the Quality of Intellectual Property Rights
Patent: In 2014, the number of patent application in Hunan Province is 44194, while the number of patent granted is 26637, both increased steadily, respectively 21.24% and 15.14%. By the end of 2014, the number of valid invention patents per 10 thousand people in Hunan Province is about 2.53, which increased by 19.46% compared with the last year. During the sixteenth session of the Chinese Patent Award, patentees of our province won 2 gold awards, 12 honorable awards and 4 awards of design。
Trademark: In 2014, there were totally 161 thousand valid registered trademarks in aggregation, which were increased by 16.16% compared to last year, ranking 12th nationwide. 13 trademarks of geographical indications were newly registered, totally 89 in aggregation; 17 well-known trademarks were newly recognized, totally 336 in aggregation; 94 international trademarks were newly applied according to Madrid Agreement Concerning the International Registration of Marks, totally 274. 8 brands were selected as Chinese greatest 500 brands, ranking 12th nationwide。
Copyright: The number of voluntary registered work during the past year was 2052, increased 70.85% compared with last year. 27 overseas stock rights were kept on record for the company and 284 copyright licensing contracts were checked and registered, which provided firm support for companies to develop business overseas. To accelerate the legitimate of software, 25 companies were enrolled as legitimation plan in our province, which invested 864.7 thousand Yuan in the whole year, and purchased 340 set of legitimate software (including server software)。
New varieties of plants: By the end of December of 2014, 220 new plants rights were confirmed in Hunan Province, increased by 33 compared with the end of 2013, ranking 10th nationwide。
Geographical indications: In 2014, 54 kinds of products were given geographical indication protection in Hunan Province, 38 geographical indications of agricultural products as well. 271 companies were authorized to use special marks. The State Bureau of Quality Supervision supported the construction of national geographic logo demonstration areas like Xinhuang and Hanshou. More than 40 provincial standards of geographical indications were made and the secretariat of an international organization for standardization, Fireworks Technology Committee, was located in Liuyang。
Intangible cultural heritage: In 2014, 19 intangible cultural heritages in Hunan Province were included in the national list. Hunan Embroidery Research Institute and Liling Chen Yanglong under Glazed Five Ceramic Art Center were confirmed by the State Ministry of Culture as the second batch of national demonstration bases of intangible cultural heritage product protection. By the end of 2014, there were 118 protection projects and 76 project representative inheritors at national level in Hunan Province, along with 202 protection project and 231 project representative inheritors at provincial level。
III. Remarkable Achievements in Intellectual Property Protection
The administrative protection of intellectual property rights. The divisions of provincial government use kinds of administration measures to enhance the intensity and effectiveness of protection of intellectual property, and make full use of positive role of intellectual property in the development of society and economy。
Administrative protection of patents. Hunan Province has promoted the full use of the administrative law enforcement management information system in order to standardize the law enforcement procedures. The whole province has established the enforcement mechanism that department of different divisions and three levels act jointly. All the Intellectual Property Bureau of the 14 Cities have attended the patent administrative law enforcement cooperation system in Pan Pearl River Delta region and the result of patent administrative enforcement ranking high all over the country. In 2014, patent administrative law enforcement departments investigated 2815 cases in the whole province, increased by 11.2% compared to last year. Mechanism of judicial confirmation of administrative mediation of patent disputes is further promoted, and 11 cases entered the judicial confirmation process during the last year, with 8 of them confirmed。
Administrative protection of trademark. The special actions to protect exclusive rights of trademarks were carried out and the investigation supervision of trademark infringement cases has been strengthened. In 2014, 1192 trademark infringement cases were investigated and 9.2862 million Yuan were confiscated in the whole province. The information of administrative punishment cases was open to the public according to the law. In specific, 7853 pieces of information of administrative punishment cases were open through the publicity system of credit information of national companies (Hunan) and Hunan trade and industry Hongdun information network。
Administrative protection of copyright. The Province Copyright Administration Department carried out the “Sword Net 2014” special action to strengthen the supervision of websites. 32 internet infringement cases were registered, and the case “Tan in Yongzhou is suspected in selling piracy software through internet” was listed in the 10 most famous cases against internet privacy and infringement nationwide. The Copyright Administration Department, The Provincial Network Information Office, the Provincial Public Security Department and the Provincial Communications Authority worked together to supervise the key websites, listing 4 internet operators and 65 news website, audio video website and network marketing platform as key regulatory targets. They organized these companies to supervise and correct illegal activities of copyrights and unload the unauthorized works by themselves. They also checked the legalization of software in 84 county and city government office, and 504 computers were checked。
Administrative protection of new plant variety right. The Department of Agriculture carried out special rectification against the seed market, sampling testing seeds in spring, summer and autumn, ranging seed markets and stores in 14 cities and 14 seed production bases. Nearly 700 seed samples from more than 300 seed merchants were tested and 92% of them were qualified. The Forestry Division carried out the cleaning action to inspect the production of seeds, business certificates, certification of fitness, quarantine certificate and seed labels, guarding the quality of seeds from the very beginning. During afforestation in spring, special actions fighting against the infringements of new plant variety right were carried out, during which 3000 camellia oleifera seedling without certificates were destroyed and 4 seedling production and business units without complete certificates and licenses were investigated。
Administrative protection of products of geographical indication. Targeting protection of products of geographical indication will be carried out every year. During the last four years, special examination about products of geographical indication has launched for more than 200 times in the whole province, and more than 1000 manufacturing enterprises were checked. 29 illegal enterprises were investigated and punished and 92 companies were required to reform. Hunan Province launched united actions battling counterfeits “Liuyang fireworks”. As a result, more than 600 cases were investigated and 87500 boxes of counterfeit “Liuyang fireworks” were seized, which valued about 30 million Yuan。
Customs protection of intellectual property rights. The customs investigated 61 intellectual property cases in 2014, objects involved were more than 130 thousand. The customs strengthened the inspection efforts against the key products, mails and expresses sending to key countries and areas like America and Europe. 100% of the packages were required to be scanned in order to increase the detection rate of suspected infringing goods. A case in which that beach towels infringed the graphic trademark of FIFA were solved and the articles involved in the case were more than 30000 pieces, valuing more than 800 thousand Yuan。
Judicial Protection of Intellectual Property Rights. In 2014, the province's procuratorial organs at all levels strengthen the mechanism of investigation, arrest and prosecution. They enhanced the coordination and cooperation with the police and the public prosecution department in the aspect of early intervention, case discussion and supplementary investigation, and also implement the system of sharing investigation information among arrest and prosecution, and record recintellectual protertyocally, promoting the quality and effectiveness of case handling effectively. The prosecutors accurately grasped the policy and legal standards, and punish infringement and counterfeiting criminals according to law. At the same time, they paid attention to the application of lenient criminal policy in order to resolve social contradictions to maximize. In 2014, the province's procuratorial organs arrested totally 39 people in 25 cases and prosecuted 154 criminals in 89 cases alleging infringement of intellectual property crimes。
The province's courts made full use of functions of intellectual property civil, criminal and administration trial, playing a more important role in protecting intellectual property by judicial process. During the past year, the courts in the whole province accepted 2156 intellectual property cases and completed 1721 or 79.82% of them, which increased 1.25% compared to last year. The civil jurisdiction played a leading role in intellectual property protection and 1989 civil cases were accepted. The criminal justice played a role to punish and deter crimes and 115 criminal cases were accepted. The courts also fulfilled the duty to investigate administrative acts and regulate administrative order of intellectual property rights, accepting 52 administrative cases in this field。
The provincial police department intensified the fight against the crimes of intellectual property infringement and the making or selling of counterfeit and shoddy goods. The division economic investigation and public security of police department jointly solved 752 relative criminal cases, arresting 785 people involved and destroying 608 counterfeiting and selling dens. More than 3 million fake and shoddy goods were seized and economy loss of 124 million Yuan was saved. The police united administration departments such as press and publication, industry and commerce, and quality testing, send out more than 2000 policemen. They deeply carried out the mission of “Sword Net 2014” to fight against internet piracy and online fraud, carrying out joint enforcement more than 110 times. As a result, totally 51 illegal infringements and piracy cases were resolved and more than 400 clues were checked。
湖南省知识产权局[db:来源网址]
