2012年，全市检察机关共受理审查逮捕侵犯知识产权犯罪案件752件1222人，批捕647件952人；共受理起诉侵犯知识产权犯罪案件692件993人，起诉651件900人。全市两级法院受理知识产权司法案件10405件，同比增长39.53 %。结案9215件，同比增长41.87 %。其中，深圳市中级人民法院受理知识产权案件 3027件，结案2189件；福田区人民法院受理1559件，结案1467件；罗湖区人民法院受理1083件，结案1045件；南山区人民法院受理1077件，结案1051件；盐田区人民法院受理73件，结案73件；龙岗区人民法院受理1272件，结案1247件；宝安区人民法院受理2314件，结案2143件。
In 2012, in face of complicated and severe external environment and internal pressure of transformation and upgrading, Shenzhen persisted in innovation-driven development and further implemented the strategy of IPR. With perfection of IPR management system and mechanism at its turning point, Shenzhen realized a breakthrough in IPR creation, exploitation, protection and management, which is a strong assurance to bring about stable growth and sustainable integrated development.
I. Implementing the IPR Strategy to Fortify Shenzhen Quality
1. In recent years, Shenzhen has implemented the strategy of IPR vigorously to facilitate national IPR demonstration city construction and has achieved significant progress in IPR creation, utilization, protection and management. On Apr. 25, 2012, Mr. Tian Lipu, director of State Intellectual Property Office, endowed Shenzhen Municipal Government with the first nameplate of ‘National IPR Demonstration City’. On the same day, Mr. Wang Rong, Member of the Standing Committee of CPC Guangzhou Provincial Committee and Secretary of the Shenzhen Municipal Committee presented and unveiled the nameplate together with director Tian Lipu. In order to boost construction of IPR demonstration city, the Municipal Government of Shenzhen issued Work Program on Construction of National Intellectual Property Demonstration City of Shenzhen which refines IPR works of Shenzhen in the next three years based on its development goal, specifies division of responsibilities of all the government departments to establish Shenzhen into a demonstration city in intellectual property, trademark and copyright.
2. A Breakthrough in Building a National Trademark Strategy Implementation Demonstration City
Shenzhen has taken the integration advantages of patent, trademark and copyright acquired from institution reform, the city continues to intensify its input of trademark centered on the task of serving local economy to improve construction level of national trademark strategy demonstration city. By setting up a highly effective trademark management mechanism and providing public service platform, enterprises in Shenzhen has experienced a breakthrough in aspects of promoting trademark application for registration and fostering famous trademark etc. In 2012, the number of registered trademark in Shenzhen had seen a dramatic growth; proprietary brands attracted more attention as well as a huge increase in number. Enterprises in Shenzhen were striving to achieve recognition as national famous brands. Trademark strategy has become a core factor in transformation of the pattern of economic development in Shenzhen.
3. Continuous Improvement in IPR Management System and Mechanism
The city demonstrated continuous improvement in IPR management system and mechanism. In February of 2012, the Market Supervision Administration of Shenzhen Municipality has also been established as the Intellectual Property Office of Shenzhen, which further strengthened the leading role of IPR in social and economic development. Director Tian Lipu attended the Unveiling Ceremony in Shenzhen, which indicates that State Intellectual Property Office attached great importance to continuous structure reform in Shenzhen, at mean time, the Municipal Intellectual Property Joint Conference further strengthened trans-department cooperation mechanism of IPR. There were 2 plenary sessions and 5 important member joint conferences held to study IPR work situation, perfect work pattern of cooperation among administrative organization for law enforcement, public security organ and judicial offices; joint law enforcement actions were completed in the events of China (Shenzhen) International Cultural Industry Fair (ICIF), China High-tech Fair (CHTF) and other important exhibitions as well as special actions to combat attempts to monopolize the market, to manufacture and sell counterfeits and to commit commercial bribery.
II.Increase IPR Creation and Exploitation Capacity to Realize Innovation-driven Development
1. IPR Creation Capacity Took the Leading Role in China Continuously
As an important index to assess governments at all levels, the number of patent applications and ownership has been incorporated into China’s 12th Five-year Plan and Pearl River Delta Reform and Development Program. By the end of 2012, valid domestic patents in Shenzhen accumulated to 52,768 with patent density of 50 per 10,000 persons, far above the goal set in 12th Five-year Plan of 3.3 per 10,000 persons in 2015, ranking the top in China; Shenzhen also stood the first place among sub-provincial cities with 103 famous trademarks and thus became the first sub-provincial city with over one hundred national famous trademarks; In addition, valid registered trademark totaled 199,863 which indicates that each 4.76 market entities owned one registered trademark, higher than the average number of 5.03 in 2011. In 2012, domestic patent applications (per 1 million persons) amounted to 2,946, outperforming the assessment goal of 2800 by Provincial Government in 2008. PCT (Patent Cooperation Treaty) international applications reached 8,024, ranking the top in China for nine consecutive years, accounting for 40.3% of the total domestic applications of 19,926. ZTE Communication Co., Ltd with 3,906 PCT international applications topped the world consecutively after 2011, approximately 1,000 more than Panasonic (of 2,961), which is in the second place; Huawei Technologies Co., Ltd ranked the fourth in the world with 1,801 PCT applications. Patent applications from Kuang-Chi Institute of Advanced Technology amounts to over 85% in the field of meta-material globally; basic patents from Huawei Technologies Co., Ltd and ZTE Communication Co., Ltd took up 1/5 in LTE technical field.
2. IPR Exploitation Capacity Further Strengthened
In 2012, five enterprises in Shenzhen were listed in the Top 10 Enterprises with the most invention patent grants, among which Huawei Technologies Co., Ltd (2,734), ZTE Communication Co., Ltd (2,727) and Hong Fu Jin Precision Industry (Shenzhen) Co., Ltd (1,099) took the first three places. A number of SMEs followed their leads and emerged as the second echelon contributes to Shenzhen IPR applications, relieving the bottleneck constraint of large enterprise IPR application only. Investment in R&D increased, accounting for 3.81% of GDP in 2012 and ranking the advance level nationally. During the same period, high-tech industrial output reached 1.29 trillion yuan, 61% of which had proprietary intellectual property rights. International, national and industrial standards formulation led by or participated by Shenzhen enterprises amounted to 416, with international standards of 137. In 2012, Shenzhen Huawei Technologies Co., Ltd, BYD Company Limited, ZTE Communications Co., Ltd, Tencent Technology (Shenzhen) Co., Ltd. etc., were granted with 15 Outstanding Awards, 4 Appearance Design Awards in the 14th China Patent Award; Shenzhen Media Group and Shenzhen Press Group were awarded the title of “Guangdong Copyright Industrial Demonstration Base”.
3. Constellation Effects of IPR Alliance Proved
The year 2012 witnessed further optimization and integration of IPR industry alliance members and standardized resources as well as an increased capacity to exploit IPR and withstand risks jointly. Shenzhen Intellectual Property Office printed and distributed Measures for Management of IPR Special Fund of Shenzhen-Operating Instructions for Grant of IPR Industry Alliance Construction Project which integrated industry alliance project into the scope granted by IPR special fund to promote constellation effect of IPR alliance and to develop collaborative innovation. In 2012, two industry alliance projects were funded, totaling 600,000 yuan. Shenzhen Intellectual Property Office officially approved the establishment of China Color TV Patent Alliance co-sponsored by 13 enterprises including Shenzhen CTU Hi-Tech Ltd., Shenzhen Skyworth-RGB Electronics Co., Ltd., TCL group Limited by Share Ltd, Tencent Technology (Shenzhen) Co., Ltd. which gives full play to the important role of alliance in promoting continuous, healthy development of Chinese industry.
III. Strengthen IPR Protection Force to Improve Business Environment
1. Unified Movements in IPR Special Actions
In 2012, in order to combat IPR infringements of important fields, areas and products, the Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office) launched a special ‘convoy’ action of IPR law enforcement. Another movement called ‘Jian Wang Action’ was launched against online IPR infringement and special campaigns in the animation product market, online shopping field and mobile phone & electronics market and against illegal print of trade mark labels for tobacco products etc. A number of key sites of manufacturing and selling counterfeits were destroyed; major cases were investigated and prosecuted during these actions which have produced good results. In 2012, Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office) handled 110 patent cases in total, 108 copyright cases and 903 illegal trademark cases. Shenzhen Municipal Bureau of Culture, Sport and Tourism inspected 9822 business operation sites for publication, handled 231 administrative cases, captured over 728,000 illegal publications with value added up to 7050,000 yuan and transferred 34 criminal cases of 39 persons to public security organ. Shenzhen Customs took more than 4800 IPR law enforcement actions and seized more than 35 million infringements with value added up to over 98 million yuan. Public Security Organs in Shenzhen filed 1521 cases of manufacturing and selling counterfeits, solved 1332 cases, detained 1396 persons and arrested 903 suspects with detection rate of 87.57%.
2. Continued to Strengthen IPR Juridical Protection
In 2012, Procurator Organs in Shenzhen accepted investigation of 752 criminal cases of infringement upon IPR with 1,222 persons involved and ratified the arrest of 647 cases with 952 persons involved; they accepted lawsuit of 692 criminal cases of infringement upon IPR with 993 persons involved and prosecuted 651 cases with 900 persons involved. Courts at two levels in Shenzhen accepted 10,405 IPR juridical cases with a year-on-year growth of 39.53%, in which they closed 9,215 cases with a year-on-year growth of 41.87%. Therein, Municipal Intermediate People’s Court accepted 3,027 IPR cases and closed 2,189 cases; Futian District People’s Court accepted 1,559 cases and closed 1,467 cases; Luohu District People’s Court accepted 1,083 cases and closed 1,045 cases; Nanshan District People’s Court accepted 1,077 cases and closed 1,051 cases; Yantian District People’s Court accepted and closed 73 cases; Longgang District People’s Court accepted 1,272 cases and closed 1,247 cases; Bao’an District People’s Court accepted 2,314 cases and closed 2,143 cases.
3.Long-term IPR Protection Mechanism Perfected
Based on general deployment of the ‘two constructions’ work in Shenzhen, Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office) took the lead to organize work team for supervision and multi-system construction of IPR protection and formulated Implementation Program on Comprehensive Supervision and Multi-system Construction of IPR Protection in Shenzhen (Trial Implementation). The program raises requirements in multiple aspects of perfecting IPR supervision and law enforcement system, strengthening IPR supervision in key areas and industries, building sound work mechanism combining administrative enforcement of law and criminal justice, innovating source supervision mechanism, exploring IPR protection methods in the internet environment, accelerating information platform construction, improving IPR service level and capacity of tackling foreign-related IPR disputes, intensifying IPR publicity as well as long-term mechanism of IPR protection. Software legalization was fully realized in municipal party and government offices, public institutions, partial enterprises as well as district organs in 2012. During the same period, Market Supervision of Shenzhen Municipality (Intellectual Property Office) launched pilot implementation of IPR authorized operation system in specialized markets, gradually promoting prevention of market supervision beforehand; Shenzhen Municipal Public Security Bureau continuously fortified the collaboration with Technical Surveillance, Network Monitor and Police Public Relations Bureau etc., to further construct integrated prevention and control system of IPR crime; People's Procuratorate of Shenzhen Municipality issued Implementation Measures for Connection of Administration Enforcement of Law and Criminal Justice in Shenzhen and Regulation on Information Sharing Platform Management of Administration Enforcement of Law and Criminal Justice which established the city-wide “Two Law” connection pattern for inspection and supervision led by party committee and charged by government; municipal Intermediate People’s Court further advanced reformation of “Three Trial in One”, therefore basically confirmed a trial system suitable for characteristics and internal law of IPR trails.
IV. Enhanced IPR Management and Service Level to Boost Transformation of Industry
1. IPR Policies Improved Continuously
Shenzhen Municipal People’s Government issued Measures to Improve IPR Pledge Financing in Shenzhen which puts forward detailed measures of 8 aspects such as mechanism, platform, assessment, lending, guaranty, trade, supporting service and security promotion. The Measures is feasible to solve financing barriers for SMEs and stimulate innovation of enterprises. With the aim of boosting healthy development of Shenzhen copyright industry, Intellectual Property Office of Shenzhen Municipality studied and formulated Guidance on Copyright Industrial Demonstration Base Management in Shenzhen; in addition it also formulated Service Specification for Shenzhen Patent Agent which became a local standard to further normalize development of patent agent. Economy, Trade and Information Commission of Shenzhen Municipality issued Several Measures to Accelerate Development of Industrial Design to speed up the brandized, high-end oriented and internationalized progress for industrial design; it also revised Operation Instruction of Technical Progress Fund for Brand Cultivating in Shenzhen to promote industrial brand image. Shenzhen Assets Supervision and Administration Commission of the State Council issued Interim Procedures on Supporting and Encouraging Municipal Undertaking to Realize Independent Innovation to practically intensify guidance for independent innovation.
2. IPR Funding Achieved Material Results
In order to expand the scale of special funding, Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office), together with Finance Commission of Shenzhen Municipality, revised Measures for Management of IPR Special Fund of Shenzhen in joint efforts as well as 9 operating instructions including patent application fund, overseas trademark registration fund, application for registration of computer software copyright etc.,. In 2012, the city’s budget of special IPR funds reached 230 million yuan. By bringing the leverage role of the financial fund into full play, the number of domestic patent application reached 73,130 with a year-on-year growth of 15.13%, in which 31,075 were invention patent applications with a year-on-year growth of 7.81%, taking up 42.49% of the total application number. The number of domestic patent grants amounted to 48,662 with a year-on-year growth of 23.62%, in which 13,068 were invention patent grants with a year-on-year growth of 10.50％, occupying 26.85% of the total grant amount. The number of trademark applications added up to 67,888 with a year-on-year growth of 26.5% while 12,374 computer software copyrights were registered with a year-on-year growth of 29.86%, ranking the third place among national large and middle-sized cities and accounting for 55.92% of total registration number 22,128 in Guangdong Province. Besides, Market Supervision Administration of Shenzhen Municipality cultivated an additional 20 enterprises with IPR advantages, awarded 25 patent prizes in Shenzhen, and funded 15 IPR warning analysis and public service projects of copyright reference, 2 IPR alliance building projects and 56 publicizing and training projects.
3. IPR Service Scope Widened Significantly
Centered on the theme of accelerating economic development, Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office) launched ‘tailor-made’ service for Beijing Genomics Institute-Shenzhen and Shenzhen Kuang-Chi Institute of Advanced Technology in 2011 to give full play of supporting role of IPR. In the following year of 2012, it formulated Work Scheme on Providing IPR and Standardization Service with Tencent to supply ‘prescribed’ service and to broaden service scope. After two-year of exploration and practice, ‘tailor-made service’ of IPR acquired good results.
V. Intensified IPR Culture Construction and Cooperation to Establish a Sound Image as Internationalized Creative City
1. IPR Popularization Made Innumerable Achievements
IPR popularization was actively carried out in every important event such as World Intellectual Property Day on “Apr., 26”, China (Shenzhen) International Cultural Industry Fair (ICIF), China High-tech Fair (CHTF), Patent Week and Trademark Festival. The Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office) opened official micro-blog to irregularly publicize important IPR-related information of the city. People's Procuratorate of Shenzhen Municipality launched 8-month serial activities of “Protect Intellectual Property, Intensify 3 Crackdowns & 2 Constructions”, in which criminal justice protection of IPR was intensively publicized by preaching into enterprises, holding training class and organizing corporate supervisors to conduct warning education activities in Shenzhen prisons. Each district also promoted IPR popularization in innovative ways and made great progress. To be more specific, Futian District set column advertisements and electronic moving sign reading “Cultivate Intellectual Property Culture, Promote Innovative Social Development”; Luohu District organized IPR popularization consultancy activities and played IPR publicity Video by virtue of large electronic screen; Nanshan District exhibited results of excellent copyright enterprise and innovative IPR in the district etc., Highly-focused ‘Shenzhen IPR’ blog provided a platform for interaction with more than 500,000 participants. Continuous efforts were also made in cultivation activities of ‘IPR Celebrity Lecture’ and ‘IPR Shenzhen Forum’. In 2012, 56 sessions of IPR training sessions were organized for IPR management personnel, agencies and enterprise with more than 4,000 participants.
2. IPR Talents Training Progressed Steadily
Through close cooperation with the Human Resource and Social Security Bureau, professional title appraisal of IPR continued in 2012. 18 professionals obtained the title of IPR in total, among which 8 were awarded associated senior titles, 8 intermediate titles and 2 junior titles. Further progress was made in IPR Institute together with Shenzhen University with the goal to forge a special institute where IPR talents are cultivated. It can be talent support for Shenzhen IPR undertaking. 6 persons were selected as the member of the first batch of national IPR leading talents.
3. International IPR Cooperation Intensified
The municipal government continued to carry forward Shenzhen-Hong Kong cooperation in IPR. Delegations were sent to Hong Kong customs for study and communication, commenced IPR Joint Conference and explored the establishment of Shenzhen-Hong Kong IPR cooperation mechanism. Joint efforts were also made in propelling IPR protection and counterfeits crackdown. It received the visit of Business Guide-Sha and group led by Head of Japan Patent Office, IPR specialists from the British Embassy in China as well as officers of USTR; it communicated with IPR holders of TORY BURCH, Microsoft, SAP and Walt Disney; in addition, it also provided service of IPR protection with KFC, BYD, Mindray, Huawei, ZTE and Tencent etc..
In summary, Shenzhen will implement innovative development and Shenzhen quality throughout economic and social development by centering on the theme of scientific development and economic transformation. The city will strive to develop strategic emerging industry and improve independent innovation capacity of core technologies. According to general requirement and deployment of national IPR strategy, it also requires further implementation of the strategy of a city strong in IPR and integrated resources. Great contributions will be made to develope national IPR undertaking and improving independent innovation capacity of Shenzhen by perfecting mechanism and policy measures and lifting IPR work level.