（一）专利申请和授权量继续增长。2013年，深圳国内专利申请量突破8万件，达80,657件，同比增长10.29%；其中国内发明专利申请量32,208件，同比增长3.65%。国内专利授权量49,756件，同比增长2.25%；其中发明专利授权量10,987件，同比下降15.9%，占授权总量的22.08％，居全国大中城市第二位。截止到2013年底，深圳市累计专利申请479,399件，累计专利授权259,422件。累计国内有效发明专利62,293件，居全国大中城市第二位。每万人国内三种专利年申请 75.88件, 同比增长9.45 %。《专利合作条约》（The Patent Cooperation Treaty，简称“PCT”）国际专利申请10,049件，同比增长25.24%，占国内企业和个人申请总量的48.10%（不含国外申请），连续十年居全国大中城市第一位。
（二）行政执法力度不断加大。2013年，深圳市各行政部门集中力量开展以食品（含农产品、酒类和食用盐）、药品、汽车配件、服装、玩具、卷烟、箱包皮具、数码电子产品等为重点的一系列知识产权专项执法行动，保持打击侵犯知识产权的高压态势。深圳市市场监督管理局（知识产权局）开展了网络侵权盗版专项治理“剑网行动”、知识产权执法维权“护航”行动、全省专利执法统一行动、打击黑代理等专项治理行动，全年共办理商标案件1,120宗，罚款629.06万元, 移送司法机关51宗；办理专利案件212宗；办理版权案件86宗，罚款4.05万元，移送公安机关15宗。深圳市药品监督管理局通过探索源头治理，建立行政与刑事相对接的办案模式，开展“惊蛰”、“骄阳”、“猎象”、“护瞳”、“伦琴”等系列药品打假专项行动，侦破了一系列利用网络制售假冒伪劣药丸的大案要案，全年办理案件862宗，捣毁制假售假窝点68个，涉案货值21178.1万元。深圳市文体旅游局结合“扫黄打非”行动，优化基层街道文化市场管理机构建设，加大盗版影视音像制品及出版物的打击力度，2013年立案 126宗，罚款23﹒7万元，刑事拘留17人。深圳海关分别与美国、香港海关联合开展了“中美知识产权联合执法”、“粤港海关打击输美假冒消费电子产品”等专项行动，全年实施知识产权保护措施4500多次，查获侵权货物290多万件，货物价值逾5100万元人民币。
Intellectual Property Development in Shenzhen 2013
In 2013, the government of Shenzhen implemented the Intellectual Property Strategic outline thoroughly and promote the construction of National IPR Model City and the Model City Implementing National Trademark Strategy comprehensively, which facilitate the intellectual property work making new achievements.
I. Maintaining Leading Position in Intellectual Property Creative Ability
In 2013, overall statistics of patent, trademark, and copyright in Shenzhen continue to stay ahead in China.
1. A Continuous Increase in the Number of Patent Applications and Issued Patents
The number of domestic patent applications in 2013 break the 80,000 mark reaching 80,657, with a year-on-year growth of 10.29%, including 32,208 domestic invention patent applications, which realized a year-on-year growth of 3.65%. The number of issued domestic patents amounts to 49,756, with a year-on-year growth of 2.25%, including 10,987 invention patents, a year-on-year drop of 15.9% and accounting for 22.08% of the total issued patents. The number of issued domestic patents of Shenzhen stands the second place among the large and medium-sized cities in China. By the end of 2013, Shenzhen has the accumulative total of 479,399 patent applications and 259,422 issued patents. The accumulative total of effective domestic invention patents reaches 62,293, also taking second place among the large and medium-sized cities in China. The ratio of annual applications for three kinds of domestic patents per ten thousand persons was 75.88, a 9.45% increase compared to the previous year. The Patent Cooperation Treaty (hereinafter referred to as ‘PCT’) listed that the number of applications reached 10,049, a 25.24% increase from the earlier year, accounting for 48.10% of the total applications of domestic enterprises and individuals (excluding international applications), winning first place among large and medium-sized cities in China for ten consecutive years.
2. A New Breakthrough in the Amount of Trademark Applications and Registrations
In 2013, the newly-acknowledged famous trademarks of Shenzhen reached 15, the total of famous trademarks adds up to 118. Trademark applications amounted to 86,950, a 28.08% increase compared to the previous year. Approved and registered trademarks reached 39,527, with a year-on-year growth of 6.64%. The accumulative total of effective registered trademarks amounts to 237,790, taking the fourth place among large and medium-sized cities in China. Trademark abroad applications amounts to 2,692 pieces, with an increase of 57.80%.
3. A Steady Growth in Computer Software Copyright Registrations
In 2013, computer software copyright registrations of Shenzhen reaches 14,934, with a year-on-year increase of 20.69%, accounting for 9.09% of the total registrations in China, taking the fourth place among the large and medium-sized cities in China.
II．Achieving Continuous Improvements in Utilization of Intellectual Property
1. A New Level of Intellectual Property Management of Enterprises
In 2013, 20 enterprises recognized as Enterprises with IPR Advantages by the municipal government of Shenzhen and 11 enterprises recognized as Enterprises with IPR Advantages by the provincial government of Guangdong, amongst which 4 as Guangdong IPR Model Enterprises. In the first-ever selection of National IPR Model Enterprises and Enterprises with IPR Advantages, six enterprises rated as the National IPR Model Enterprises including Huawei and ZTE and seven enterprises selected as National Enterprises with IPR Advantages including Skyworth and Mindray. At the 15th China Patent Award, enterprises of Shenzhen won 4 Gold Prizes and 20 Outstanding Prizes, the highest in recent years. The number of gold prizes accounts for 20% of the total in China, ranking the top among all the cities in China. In the selection of 2013 Guangdong Patent Award, enterprises of Shenzhen won 4 Gold Prizes and 5 Outstanding Prizes. In 2013, 7Road Technology Co., Ltd, Shenzhen was recognized as the ‘Guangdong Copyright Industrial Model Base’ by the Copyright Bureau of Guangdong Province, making a total of 17 Shenzhen based enterprises recognized as such.
2. A Smooth Progress in Patent Pledge Financing
Since the carry-out of the patent pledge financing in 2012, a total of 155 high and new technology enterprises were entered on records and applied for as high as RMB 780 million in loans in Nanshan District of Shenzhen. In 2013, 54 enterprises received loan guarantees of RMB 174 million, among which 31 enterprises received RMB 94 million in loans. Futian District introduced Operational Procedures of Subsidy of Futian District Intellectual Property Patent Pledge Financing Program and allocated RMB 5 million for the subsidies of interest and fees for small, medium and micro-sized enterprises and related service organizations applying for patent pledge financing. By the end of 2013, Shenzhen patent pledge financing amounted to nearly RMB 1.2 billion.
3. An official Start-up of Pilot Project on Patent Insurance
In March of 2013, Shenzhen named as Patent Insurance Pilot City by the State Intellectual Property Office. In July of 2013, the Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office of Shenzhen Municipality) signed a strategic cooperation agreement with the Shenzhen Branch of People’s Insurance Company of China. This signifies the official launching of the Patent Performance Insurance. Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office of Shenzhen Municipality) held several popularization activities which facilitate many companies, including Tencent technology, to sign insurance contracts. The number of patent insurance contracts in Shenzhen amounted to 164 in total.
III.Realizing Continuous Improvement in Intellectual Property Protection
1. A Gradual Perfection on Law Enforcement Coordination Mechanism
In 2013, Shenzhen Municipal Government founded a work leading team with the goal of cracking down on Intellectual Property Infringements and manufacturing and selling of counterfeits (hereinafter referred to as against infringements and counterfeits), whose office is set up in the Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office of Shenzhen Municipality). Corresponding work leading team also founded at the district level, indicating the establishment of a collaboration mechanism for cracking down on the infringements and counterfeits. Intellectual Property Joint Conference of Shenzhen made full play of their roles as the platform of communication and collaboration, and gradually perfected the collaboration mechanism between administrative departments and regional intellectual property administrative law enforcement departments, which allows information sharing among Intellectual Property Law Enforcement Departments and collaboration mechanisms function smoothly and efficiently.
Public Security Bureau of Shenzhen Municipality signed an Information Sharing Agreement with departments such as the Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office), Drug Administration, Tobacco Bureau, Salt Industry, Custom, Bureau of Culture, Sport and Tourism, and the Housing Bureau, and published Notification Concerning Further Regulating Infrastructure Work of Municipal Public Security Bureau Cracking Down On Counterfeits. In addition, it also deployed work on the waybill business data acquisition of logistic enterprises and information sharing uniformly.
Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office) united 16 cities including Hangzhou, Beijing, Shanghai, Guangzhou and so on, to perform the interregional collaboration concerning online transaction regulations and protection of the rights and interests of consumers and build the collaboration mechanism of the cross-regional e-commerce regulations. Furthermore, it also signed Cooperation Memorandum Concerning Regulation and Collaboration Mechanism of E-commerce Market between Guangzhou and Shenzhen, forming a combined regulatory force. In the 10th Joint Conference of Intellectual Property Protection held among 12 coastal cities of Fujian and Guangdong province, the Intellectual Property Office of Shenzhen Municipality, on behalf of the Municipal Government, signed the Cooperation Memorandum on Investigation of Pass Off Patent with the other 11 Coastal Cities participating the conference, which further promoted the interregional collaboration of intellectual property administrative law enforcement.
2. A Further Strengthening in Law Enforcement
In 2013, Municipal Administrative Departments of Shenzhen concentrated their efforts on conducted a series of intellectual property special law enforcement actions focused on food (including agriculture products, alcohol, and edible salt), drug, auto parts, clothing, toys, cigarettes, bags and leather goods, digital electronic products and so on, maintaining high pressure of cracking down on IPR infringements.
Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office of Shenzhen Municipality) launched a special action called ‘Sword Action’ which focused on Internet IPR infringements and another IPR law enforcement action named ‘Convoy’ . Furthermore, it also carried out unified action of provincial patent law enforcement as well as a special campaign in cracking down on illegal agencies. There were a total of 1,120 trademark cases, with fines up to RMB 6,290,600, among which 51 cases were transferred to judicial departments. Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office of Shenzhen Municipality) handled 212 patent cases and 86 copyright cases with fines up to RMB 40,500, among which 15 cases were transferred to Public Security Organs.
Drug Administration of Shenzhen Municipality established a working model of administrative departments in joint efforts with criminal law enforcement entities exploring the source of unlawful acts, launched a series of special actions against drug counterfeits such as ‘Jingzhe’, ‘Jiaoyang’, ‘Liexiang’, ‘Hutong’, ‘Lunqin’ and detected a series of major cases using the internet to manufacture and sell drug counterfeits. Drug Administration of Shenzhen Municipality handled 862 cases in total throughout the year and destroyed 68 sites of manufacturing and selling counterfeits with a value adds up to RMB 211,781,000.
Shenzhen Municipal Bureau of Culture, Sport and Tourism, combining with actions against pornography and illegal publications, optimized the construction of a management mechanism of street culture market, and intensified efforts to crack down on pirated media products, video products, and publications. In 2013, 126 such cases were handled, RMB 237,000 fined and 17 persons detained. Shenzhen Customs carried out special actions with the United States Customs and Hong Kong Customs, such as ‘Sino-US Intellectual Property Joint Law Enforcement’ and ‘Guangdong Customs and Hong Kong Customs cracking down on counterfeit consumer electronics which entered into American markets’ and so on. Last year alone, Shenzhen Customs seized more than 2.9 million infringing goods with a value added up to over RMB 51 million and carried out 4,500 actions in total to enforce intellectual property protection measures.
3. A Continuous Strengthening in IPR Juridical Protection
Shenzhen Public Security Organs enforced special action called ‘Constructing Peaceful Shenzhen’ pushing further to crackdown on infringements. In 2013, Public Security Organs uncovered 1,060 counterfeit criminal cases, detained 1,262 persons, arrested 778 suspects, and transferred 933 persons for prosecution. Shenzhen Procurator Organs spared no efforts in pushing the standard operation of information sharing platform concerning administrative law enforcement and the judicial authorities, established and improved the corresponding working mechanism and further enhanced the IPR protection level. Shenzhen Procurator Organs accepted investigations for 425 criminal cases of IPR infringement with 694 persons involved and ratified the arrest of 461 persons involved in 305 cases. They accepted lawsuits of 410 criminal cases for infringement upon IPR with 627 persons involved and prosecuted 452 persons involved in 304 cases . 2013 has been the year for ‘Judicial Justice improvement’ ‘and ‘Judicial Style Improvement’. Courts at all levels promoted the quality of the trials vigorously and accepted 9694 IPR cases and closed 8174 cases. Therein, Shenzhen Municipal Intermediate People’s Court accepted 2936 cases and closed 2114 cases; Futian District People’s Court accepted 1664 cases and closed 1581 cases; Luohu District People’s Court accepted 972 cases and closed 955 cases; Nanshan District People’s Court accepted 1385 cases and closed 1175 cases; Yantian District People’s Court accepted and closed 14 cases; Longgang District People’s Court accepted 1,222 cases and closed 1,061 cases; Bao’an District People’s Court accepted 1,501 cases and closed 1274 cases. Shenzhen Procurator Organs concluded major cases including the controversy over Huawei V.S. United States IDC on abuse of market dominant position as well as the dispute regarding standard and necessary patent royalties.
IV. Enhancing IPR Management and Service Ability
1. A Significant Improvement IPR Management Mechanism
In 2013, the Government of Shenzhen Municipality issued Measures to Accelerate Development of Software Industry and Integrated Circuit Design Industry in order to guide the software industry to strengthen IPR innovation and protection. The State-owned Assets Supervision and Administration Commission of Shenzhen Municipality supported small and medium-sized enterprises with diversified ownerships to continue IPR innovation through venture capital and bonding municipal state-owned enterprises. The ecological mechanism which featured ‘state-owned capital enterprises-venture capital and bonding state-owned enterprises with marketization---small and medium-sized innovative enterprises’ with Shenzhen characteristics was formed. Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office) formulated Service Standard for Patent Agency (No: SZDB/Z 71-2013), which aimed at regulating the service behaviors of Shenzhen Patent Agencies and established Guidance on Copyright Industrial Model Base Management in Shenzhen, further promoting the copyright industrial project and strengthening the Copyright Industrial Demonstration Base Management. Furthermore, Market Supervision Administration of Shenzhen Municipality (Intellectual Property Office) also issued Guidance on Enterprise IPR Implementation and Service identifying 22 enterprises to be Pilot Enterprise based on Enterprise IPR Management Regulations for 2013. Ten IPR Service agencies were chosen as assistant agencies to guide enterprises to set up scientific systematic and regulatory IPR management.
2. A Smooth Operation of IPR Public Service Platform
Since the establishment of IPR public service platform in October of 2012, it has set up sectors such as patent retrieval, trademark retrieval, IPR trading information (patent, trademark, copyright), pledge financing and study section, IPR Data base of Shenzhen pillar industry and strategic emerging industries has taken shape. By the end of 2013, there are 4,245 registered members and 400 enterprises members. Nearly 9,000 pieces of patent trading information posted, among which 222 patent technology investment projects and 7,046 tradable patents projects. The total page view of the platform amounted up to more than 35,000.
3. A Healthy Development of IPR Service Industry
By the end of 2013, Shenzhen Patent Agencies (including branch office of foreign agencies set up in Shenzhen) has increased to 69. A total of 405 people qualified as patent attorney and over 2,500 actual practitioners in the city. The intellectual property service industry became an important driving force in the IPR innovation mechanism. On September 26th, 2013, Shenzhen Futian District granted by the State Intellectual Property Office as ‘State Intellectual Property Service Industry Clustering Development Experimental District’, making Shenzhen the fourth after Beijing, Shanghai and Suzhou. There are 37 patent agenies in total in Futian District accounting for more than half of the city. Intellectual Property Agencies clustered in Futian forming a professional service chain.
V. Achieving Steady Progress in IPR Popularisation and Talents Training
1. A Positive Effects in IPR Popularisation
In 2013, during an important event of World Intellectual Property Day on ‘26th of April’, the Intellectual Property Joint Conference committee held Working Conference and released the Intellectual Property Development in Shenzhen 2012 and Intellectual Property Top Ten Events in Shenzhen 2012. Market Supervision and Administration of Shenzhen Municipality (Intellectual Property Office) issued Guidelines on Intellectual Property Business and organized a series of public advertising input and special law enforcement movements. Municipal Intermediate People’s Court issued Situation on Court IPR Judicial Protection in Shenzhen (2012.5-2013.4), published Intellectual Property Top Ten Events of Shenzhen Courts in 2012 and carried out the activity of ‘Court Open Day’. Public Security Organs organized more than 300 activities to promulgate intellectual property. Municipal Procurator Organs issued survey questionnaire on IPR Law Protection among enterprises, held a meeting concerning IPR Criminal Cases. They also held series of activities concerning IPR protection with enterprises and universities jointly, such as ‘The High-end BBS between Internet and Criminal Justice,’ which served the innovation and development of high tech and new tech enterprises.
2. A Remarkable Achievements in Training Program
Market Supervision and Administration of Shenzhen Municipality (Intellectual Property Office) organized and completed 56 training sessions with an audience number reaching 10,000. In 2013, the Office undertook ‘PPH Business Promotion’ ‘Patent Rights Symposium in the United States from Chinese Enterprises’ sponsored by the State Intellectual Property Office successfully. In addition, the State Administration for Industry and Commerce and the World Intellectual Property Organization sponsored ‘‘International Trademark Registration Seminar Tour Using Madrid System’’ jointly. Shenzhen Municipal Intermediate People’s Court conducted training courses at two levels concentrating on Intellectual Property Trial and sent judges to take part in the cooperation exchange project of Provincial Court and National Patent Review Committee. Shenzhen Bao’an District held series of free training on Enterprise Intellectual Property and guided small and medium-sized enterprises to establish IPR Management System.
3. A Solid Progress in Talents Training
This is the fifth year since Shenzhen carried out the professional title appraisal of IPR. In 2013, 17 professionals applied for the title of IPR, among which 3 were awarded associated senior titles, 11 intermediate titles and 2 junior titles. All the applicants passed the review session except one applying for associated senior title. In December 2013, the Inspector Practice Base of State Intellectual Property Office unveiled in Shenzhen High-tech Zone, which provides an effective way to promote the exchange and learning among patent inspectors, enterprise R&D members, and IPR workers, becoming an important platform to cultivate service innovative enterprises and practical talents of IPR.
In summary, the year 2014 is the beginning of implementing the spirit of the third plenary session of 18th CPC Central Committee-Deepening Reform & Upgrading China. Reform and Innovation will run through every aspects of IPR work in Shenzhen. The city will place emphasize on the utilization and protection of IPR, will further develop IPR Strategy, adhere to market-orientation, legislative thinking, and international vision as well as quality guidance.