2008年，河南省培育自主創(chuàng)新能力進(jìn)一步得到增強(qiáng)，各類知識產(chǎn)權(quán)擁有數(shù)量和質(zhì)量邁上新臺階。
一、知識產(chǎn)權(quán)工作取得新進(jìn)展
二、專利工作和商標(biāo)專用權(quán)監(jiān)管
省知識產(chǎn)權(quán)局系統(tǒng)開展各類知識產(chǎn)權(quán)宣傳培訓(xùn)工作，實(shí)施知識產(chǎn)權(quán)人才隊(duì)伍建設(shè)工程，開展知識產(chǎn)權(quán)遠(yuǎn)程教育培訓(xùn)，開展知識產(chǎn)權(quán)優(yōu)勢企業(yè)和優(yōu)勢區(qū)域培育工作。2008年，全省專利申請量18,411件，同比增長23.4%；專利授權(quán)量達(dá)到9133件，同比增長30.5%。開展“雷雨”、“天網(wǎng)”保護(hù)知識產(chǎn)權(quán)專項(xiàng)行動，處理專利糾紛案件65件，查處假冒專利商品438件，涉案金額600余萬元。
河南省政府和11個省轄市政府相繼頒發(fā)文件，對獲得中國馳名商標(biāo)、省著名商標(biāo)的企業(yè)給予10萬－50萬元的獎勵。省工商行政管理局開展“商標(biāo)強(qiáng)企”工作。2008年，全省商標(biāo)注冊量近20,000件，累計(jì)達(dá)80,000余件，年增長10%；5件商標(biāo)被認(rèn)定為馳名商標(biāo)，全省馳名商標(biāo)累計(jì)達(dá)28件；認(rèn)定著名商標(biāo)236件，著名商標(biāo)總量已達(dá)820件。全年累計(jì)查處商標(biāo)違法案件3931起，涉案金額2743萬元，罰款1327萬元。
三、版權(quán)和音像制品整治
河南省版權(quán)局大力推動企業(yè)軟件正版化工作，首批213家企業(yè)已基本實(shí)現(xiàn)軟件正版化。受理各類作品版權(quán)登記8000余件。審核引進(jìn)版權(quán)貿(mào)易合同73件；查處侵權(quán)盜版案件400余起，網(wǎng)絡(luò)侵權(quán)案件17起；查繳侵權(quán)盜版出版物116.3萬件，盜版軟件33,000張。省文化廳查處侵犯知識產(chǎn)權(quán)案件1086起，收繳非法音像制品120萬張，罰款313萬元。省工業(yè)和信息化廳完成27家軟件企業(yè)認(rèn)定、91個軟件產(chǎn)品登記、20個軟件產(chǎn)品的延續(xù)。
四、植物新品種、地理標(biāo)志產(chǎn)品保護(hù)
河南省三級農(nóng)業(yè)植物新品種保護(hù)行政執(zhí)法體系已經(jīng)基本形成。全省被授權(quán)保護(hù)的農(nóng)業(yè)植物新品種達(dá)到144個，農(nóng)業(yè)植物新品種保護(hù)申請總量達(dá)到441個。全省地理標(biāo)志保護(hù)產(chǎn)品達(dá)到33個，擁有中國名牌產(chǎn)品61個，省名牌產(chǎn)品418個，省名牌農(nóng)產(chǎn)品83個。
五、知識產(chǎn)權(quán)司法保護(hù)
2008年，全省法院共受理一審知識產(chǎn)權(quán)案件1003件。省高級人民法院受理二審知識產(chǎn)權(quán)案件62件，審結(jié)53件。全省共立侵犯知識產(chǎn)權(quán)犯罪案件111起，破案103起,涉案金額9600余萬元；抓獲犯罪嫌疑人302名，打掉犯罪團(tuán)伙64個,摧毀制假售假窩點(diǎn)315個。
六、知識產(chǎn)權(quán)海關(guān)保護(hù)
全省企業(yè)在海關(guān)知識產(chǎn)權(quán)備案數(shù)量由年初的43件增加到56件，增幅30%；鄭州海關(guān)開展了以知識產(chǎn)權(quán)保護(hù)為主的“龍舟行動”，在郵遞渠道查獲出口假冒香煙兩批，共計(jì)2448條，案值近25萬元。
Summary of Henan Provincial Intellectual Property Protection in 2008
In 2008, the capability to cultivate independent innovation has been further improved while the number and the quality of various intellectual property rights have been raised to a new level in Henan Province.
I. New Progress on the Work of Intellectual Property Rights
On November 23rd, 2008, Henan Provincial People’s Government issued and implemented the Outline of the Intellectual Property Rights Strategy in Henan Province, which provided a forceful support for developing an innovative Henan Province. Meantime, various administrative authorities of the intellectual property rights have actively campaigned to publicize the protection of the intellectual property rights and strengthened the punishment to the trademark infringement and piracy. And relative measures have been taken to increase the number of the applied patents and the laws and regulations on the intellectual property rights have been listed as an important part of the law popularization by the abovementioned authorities. Further more, the intellectual property rights protection was taken as a part of the project organization and management work, and the protection and management work on the intellectual property rights of the provincial-supervised enterprises have been conducted across the whole province,. And the courses on the intellectual property rights have been offered in colleges and universities of Henan Province.
II. Supervision and Administration on the Patent Work and the Exclusive Rights in Using Trademarks
The provincial Department of Intellectual Property has systematically carried out the publication and distance education training work on the intellectual property rights, implemented the project to develop the intellectual property talents as well as launched the work to develop enterprises and regions advantageous on the intellectual property rights. In 2008, the number of the applied patents reached 18,411, a year-to-year increase of 23.4% while the number of the authorized patents reached 9,133, a year to year increase of 30.5%. And in the Special Campaigns on the intellectual property rights protection such as “Thunder Storm” and “Sky Net”, all together 65 patent dispute cases have been settled and 438 fake patent commodities have been investigated. The money related with the abovementioned cases amounted to about 6 million Yuan.
The Henan government and people’s governments of 11 municipalities directly under the administration of the provincial government have successively issued the formal documents, specifying that any enterprise obtaining the “Famous Trademark of China” and “Provincial Famous Trademark” will be awarded the prize of 100,000-500,000 Yuan. The Provincial Industrial and Commercial Administration Bureau carried out the work of “rejuvenating the enterprises through establishing the famous trademark”. There were 20,000 trademarks registration in 2008, an increase of 10% and the total trademark registration reaching 80,000. The five trademarks are recognized as the famous trademarks, and there are 28 famous trademarks on the province level and 236 recognized famous trademarks, making the total famous trademarks in Henan Province up to 820. Totally 3931 cases of violation of the trademark were investigated and punished in 2008 with the amount of the money related with the cases of 27.43 million Yuan and 13.27 million Yuan imposed in fines.
III. Copyright Protection and Control on the Audio-video Products
The Provincial Copyright Bureau greatly promotes the enterprises to conduct the software originalization and the 213 enterprises listed as the first software originalization enterprises had basically accomplished the software originalization. More than 8,000 pieces of various works were registered in the province. 73 business contracts of the copyright introduced were reviewed; More than 400 various cases of the copyright infringement and piracy and 17 cases of network infringement were investigated and treated; 11.63 thousand pieces of various publication with infringing the copyright and with the piracy and 33 thousand pirated software were seized. The Provincial Department of Culture has investigated and punished 1086 cases of the infringement of the intellectual property rights and seized 1.2 million illegal audio-video products and imposed 3.13 million Yuan in fines. Provincial Department of Industry and Information has completed 27 software enterprises authentification, 91 software products register, and 20 software products renew register.
IV. Protection of New Plant Variety & Products of the Geographical Indication
The administrative law enforcement system regarding the protection of new agricultural plant variety of provincial, municipal and county classes in Henan Province was basically established. 144 new agricultural plant varieties gained the authorized protection from the Ministry of Agriculture, and the applications for the protection of the new agricultural plant varieties reached 441. Totally 33 products in Henan Province won the protection of the geographical indication in the whole country. Moreover, there were 61 products appraised as the national famous brand, and 418 products appraised as the provincial famous brand and 83 agricultural products as the provincial famous brand.
V. Judicial Protection on Intellectual Property Rights
The courts in Henan Province accepted 1,003 cases of intellectual property rights for first hearing in 2008. Totally 111 criminal cases concerning the infringement of the intellectual property rights were put into record in the whole province and 103 cases were settled, involving the money of more than 96 million Yuan; 302 criminal suspects were captured, and 64 criminal gangs were swept away and 315 dens manufacturing and selling the counterfeit products were abolished.
VI. Customs Protection of Intellectual Property Rights
The archival filing the customs regarding the intellectual property rights in the whole province increased from 43 in the beginning of the year to 56, an increase of 30%. Zhengzhou Customs undertook the activity of “Dragon Boat” with the protection of intellectual property rights. Two bulks of counterfeit cigarettes were investigated and seized during the mail delivery, totally 2,448 packages and involving the money of nearly 250,000 Yuan.
