The release of the “Outline of the National Intellectual Property Strategy” in the year of 2008 marks a milestone in the development of the intellectual property cause in China. Shanghai Municipal People’s Government actively implemented the National IP Strategy and took the initiative to stipulate the implementation decisions. All member units of the Shanghai Intellectual Property Joint Council continued to enforce the “Outline of Shanghai Intellectual Property Strategy” in a vigorous, orderly and effective manner. They have made new achievements in the cause despite the global financial crisis.

I. Providing Corresponding Support and Stipulating “Several Decisions on the Implementation of the Outline of the National Intellectual Property Strategy”

In September 2004, Shanghai Municipal People’s Government stipulated the “Outline of Shanghai Intellectual Property Strategy”. The document will be implemented from 2004 to 2010. In June 2008, the State Council of China issued the “Outline of the National Intellectual Property Strategy”. In order to make a sound implementation, the Municipal Government decided to supplement and improve the “Outline of Shanghai Intellectual Property Strategy” and stipulated the “Several Decisions on the Implementation of the Outline of the National Intellectual Property Strategy”. Meanwhile, authorities considered it as a link between the local IP strategy and national IP strategy so as to ensure the implementation of both can go on simultaneously.

On September 23rd, the Municipal Government issued the “Several Decisions on the Implementation of the National Intellectual Property Strategy in Shanghai” and proposed 25 decisions regarding the implementation of the National IP Strategy. The move aimed to strengthen and promote Shanghai’s intellectual property cause from eight aspects by improving local IP laws and regulations, promoting IP creation and application, strengthening IP protection, enhancing IP administration, developing IP services, training more IP talents, promoting construction of IP culture, and broadening domestic and overseas communication and cooperation on IP issues. On September 24th, the Municipal Government convened the Municipal IP Conference and deployed the relevant tasks for the implementation of the National IP Strategy and “Several Decisions on the Implementation of the National Intellectual Property Strategy in Shanghai”. According to the “Several Decisions” and the specific requirements of the Municipal IP Conference, the General Office of Shanghai Intellectual Property Joint Council organized all member units to stipulate the “Work Plan and Task Form” for the implementation of the “Several Decisions”. Authorities specified 52 different tasks to improve local IP systems and policies with the list of responsible units and schedules. In addition, all relevant units were requested to incorporate the contents of the “Work Plan and Task Form” into their own work plan of the following year.

II. Improving Policies and Updating Measures to Further Promote Independent Innovation and IPR Creation

All member units of the Shanghai Intellectual Property Joint Council put forward new measures through stipulating, revising and improving IP-related policies. They encouraged local enterprises and institutions to make independent innovation, to acquire intellectual property rights, to create their own brands, so as to promote economic and social development and cultural prosperity.

Shanghai Development & Reform Commission continued to strengthen the intellectual property work for the local major industries and key projects. It specified the IP requirements during the selection, initiation, implementation and evaluation phases of the key projects, promoted the creation of independent IP rights in the pillar industries, and initiated the trial work for IP Deliberation in Major Economic Activities together with the Shanghai Intellectual Property Administration.

Shanghai Municipal Economic and Information Commission, together with other government bodies, issued the “Evaluation Measures for Shanghai Municipal Intellectual Property Model Enterprise”, stipulated the “Management Measures for Special-purpose Fund to Shanghai Municipal Intellectual Property Model Enterprises”, completed the cultivation of the third batch of 20 intellectual property model enterprises and conferred licenses to them. Together with the Shanghai Intellectual Property Administration, the Commission also launched IP protection campaign for innovations in IT industry, organized training programs for IP professionals, held seminars on patent protection strategies, and offered special subsidies on patent to local IC enterprise. 

Shanghai Municipal Education Commission held the “First Session of the Shanghai Juvenile Innovation Summit”, organized “Philips’ Cup Competition for Inventions in Middle and Primary School” and launched the selection of IP Model & Experimental Schools, together with the Shanghai Intellectual Property Administration. They selected 6 IP model schools and 13 IP experimental schools in total.

Shanghai Science and Technology Commission integrated intellectual property into the recognition work of high–tech enterprises. The Commission encouraged local enterprises to improve independent innovation capabilities so as to obtain their own intellectual property rights. The commission also focused on the “Innovation Hotspot and Highlight” and supported a batch of featured industry clusters such as the fine chemical production industry cluster in Jinshan District to form their key intellectual property rights. 

Shanghai Municipal Commission of Construction and Transportation focused on 18 Policies of Technology Development in the Field of Construction and Transportation and stipulated management methods to inspire enterprises’ enthusiasm toward technological innovation and IP protection. In addition, the Commission explored new ways for IP protection in major infrastructure construction projects with relevant guidelines and suggestions. 

Shanghai Municipal Commission of Agriculture organized activities related to the “Implementation Decisions on Revitalizing Agriculture through Science and Technology”.  It incorporated IP as the initiation and acceptance indexes for the projects of agriculture science and technology breakthrough and promotion.

Shanghai Business Commission revised the “Management Methods of Special Fund for Independent Brand Construction in Shanghai’s Export Commodities”, helped export enterprises to build up their independent brands and continued to encourage enterprises to apply for items listed on the “Fund for Optimizing Export Structure of Electromechanical and High Technology Products” issued by the Ministry of Commerce of China.

Shanghai Municipal Bureau of Health incorporated the IP index into the city’s hospital management evaluation system. It required local hospitals to establish IP departments with working staffs, stipulated complete IP management system and incorporated the index of IP achievement into the technological innovation management grading system.

Shanghai Municipal State-owned Assets Supervision and Administration Commission organized the compilation of five Measures such as the “Temporary Measures for Awarding the Scientific and Technological Innovation in the State-owned Enterprises in Shanghai” and provided rewards to outstanding state-owned enterprises and individuals in IP work. The authority highlighted the examination for IP work in the performance evaluation for state-owned enterprises, improved the evaluation system and changed the current status of overemphasis on tangible assets during the evaluation for state-owned assets.

Shanghai Municipal Administration of Industry and Commerce actively stipulated and implemented the supporting policies for trademark development. It cooperated with relevant government organizations and industry associations to organize activities such as IP model enterprises selection, brand creation in development parks and brand ranking for SMEs. It also held the Promotion Conference for Trademark Development, continued to promote Famous Trademark recognition and accelerated the development of trademark group led by renowned trademarks. 

Shanghai Copyright Bureau focused much on the gathering of online video supplying enterprises in Shanghai and copyright protection problem. It helped to establish copyright management systems and industry associations, organized the enterprises to attend cinematographic and television work trade fairs and promoted the healthy growth of new online media enterprises.

Shanghai Intellectual Property Administration, together with other government bodies, actively promoted to set up the Shanghai IP information service platform. Currently, the Phase I project has already started trial operation. In addition, it initiated the construction of Shanghai Municipal Intellectual Property Experimental Parks by the releasing of the “Work Plan on Shanghai Municipal Intellectual Property Experimental Parks”, explored the new models such as patent trusteeship & patent pledge, and rendered more IP services for local SMEs.

Shanghai Municipal Quality and Technical Inspection Bureau actively guided and encouraged the 19 Districts & Counties and 18 key industries in Shanghai to adopt international standards in the process of applying for famous brands, exempt products, new & hi-tech enterprises and enterprises with standardized good behaviors. Meanwhile, the bureau also guided them to involve in the stipulation of domestic and international standards.

Shanghai Food and Drug Administration further improved the policies of “Advance Intervention and Fast Passage” and provided IP services for innovative medicines with independent IP rights.

The Bureau of Shanghai World Expo standardized and guided the Expo exhibitors to properly use the Expo logo by stipulating the “Guide for Shanghai World Expo Exhibitors” & “Codes for Shanghai World Expo Exhibitors” and compiled the first draft of the “Intellectual Property Protection Guide for World Expo 2010 Shanghai China”. 

Shanghai Intellectual Property Administration, Shanghai Administration of Industry and Commerce, Shanghai Copyright Bureau, Shanghai Business Commission and Shanghai Food and Drug Administration continued to jointly promote the IP work in the commercial sector and cultivated the second batch of 47 IP model units in local commercial circle.

With the joint efforts citywide, Shanghai’s intellectual property quantity and quality maintained steady growth despite the global financial crisis. In 2008, the city’s patent applications reached 52,835 cases, with an increase of 11.9% from 2007. Among which, invention patent applications reached 17,829 cases, with an increase of 17.2%. The granted patents reached 24,468. And 4,258 of which are invention patents, with a growth of 30.7%.

In 2008, the number of trademark registration in Shanghai was 34,736 and authorized trademark registrations reached 17,420, up by 64.8% from the previous year. The accumulative valid trademark registrations amounted to 132,920, up by 8.5% from the previous year. The number of famous trademark grew by 189 and the total reached 687. More trademarks were listed as China Famous Brand and by now there are 61 China Famous Brands in Shanghai.

In 2008, Shanghai Copyright Bureau registered 1,565 pieces of works, put 202 copyright contracts on record and made copyright registrations for 4,721 pieces of computer software, an increase of 168% from the previous year.

III.  Carrying out Special Law Enforcement Actions and Enhancing Administrative Protection on IPR

The IP protection actions in 2008 mainly focused on the theme of “Welcome the Olympics”. In order to create a favorable IP protection environment, and to ensure the success of the Olympics and the Paralympics, Shanghai Municipal Intellectual Property Joint Council issued the “Notice on Organizing the Intellectual Property Protection Campaign for the Olympics”. While making wide promotion activities, all relevant administrative law enforcement bodies  launched citywide IP protection actions and strictly cracked down the IP infringement activities with the principles of “Direct Responsibilities based on Functions” and “Administration Responsibilities based on Territories”.

The Municipal Administration of Industry and Commerce highly emphasized the protection of the Olympic Symbol in 2008 and convened the “Olympic Symbol Protection Conference”. It conducted law enforcement actions in the Olympic venues, transportation hubs, hotels for athletes, local landmark buildings to prevent and punish the infringement activities on Olympic symbol. The Administration also enhanced inspection actions to the local clothes & small commodities markets, and promoted the use of standard market entry contracts to avoid the inflow of counterfeit goods.  In 2008, 138 storekeepers were punished for selling counterfeit goods. Among them 40 were ordered to terminate the contracts and leave the markets.  In addition, the Administration continued to strengthen the trademark protection work and enhanced the protection for more than 60 highly reputed foreign brands such as “LV”. In 2008, law enforcement officials from the Administration examined 145,000 shops of various kinds. 2,964 trademark cases were investigated, and 1,023 of them were related to trademark infringement. The total penalty reached 20.03 million RMB yuan. 1.65 million pieces of infringing goods and logos were confiscated, 5 trademark criminal cases involving 10 people were transferred to judicial authority. Among all the trademark infringement cases in 2008, 2,112 were related to foreign trademarks, accounting for 71.3% of the total. 

Shanghai Copyright Bureau conducted special actions to attack online copyright infringement and set up a quick response mechanism to deal with illegal relay broadcast on Olympic events, with the 24-hour duty service to strengthen monitoring of the city’s internet and mobile communication platforms. The Bureau actively promoted the negotiation between Shanghai’s entertainment industry association and the copyright management organization regarding the Karaoke copyright issues and finally helped both parties to reach the agreement.  Together with the Public Security Bureau, it also successfully cleared a case of pirated maps worth tens of millions RMB yuan. 3 suspects were handed over to the judicial authorities for criminal investigation. A group of cases drawing the public attention including the cinematographic and television work infringement case involved with “Senba Broad-band” website were investigated.  In 2008, Shanghai Copyright Bureau inspected 61 operation units, pushed forward punishments in 27 administrative cases, captured illegal gains and ordered penalties with the total number of 210,000 RMB yuan, confiscated 64,000 pieces of counterfeit maps, electronic publications, books & software discs and closed 15 illegal websites. 

Shanghai Intellectual Property Administration organized the “Thunder Storm” and “Sky Net” law enforcement campaigns on March 15th the International Consumers’ Interest Day, during the Intellectual Property Publicity Week and the duration of Beijing Olympic Games. It strengthened IP protection in exhibitions and trade fairs by sending patent law enforcement officials to 26 domestic and international exhibitions, and handled 160 patent infringement disputes in site. It established Shanghai Intellectual Property Aid Center and promoted the establishment of Shanghai Intellectual Property Arbitration Board. In 2008, the Administration accepted 23 patent dispute cases, settled 31 cases (including 6 foreign-related cases) and prosecuted & investigated 8 patent imitation cases.

The Public Security Bureau played the main role in detecting the major IP infringement cases through various kinds of measures, uncovered 1,458 criminal cases, handled with 1,708 criminal suspects and seized illegal income and articles worth 448 million RMB yuan. In August 2008, the Economic Criminal Investigation Team of the Municipal Public Security Bureau successfully destroyed a illegal store selling faked products of international well-known brands to foreigners (one famous international film star visited the store and bought a batch of illegal products during her stay in Shanghai). 2 suspects were captured and over 290 counterfeit articles such as faked “LV” “GUCCI” “CHANEL” leather products and watches worth 1.4 million RMB yuan were confiscated.

The city’s culture law enforcement agencies launched IP protection campaigns such as “Daily Anti-piracy Action” and “Cultural Market Olympic Safeguard Action”, completely investigated the cultural markets and wholesale places for pirated products. In all, over 30,000 stores selling publications and audio & video products were examined, 467 IP infringement cases were investigated, 5.95 million pieces of illegal audio & video products were taken over and 650,000 volumes of illegal books and magazines were confiscated.

The urban administrative law enforcement departments took actions against illegal stalls, hawkers and peddlers selling infringing commodities and pirated goods. With the cooperation among the local districts and counties, the efforts by assistant traffic watchers, the establishment of communication mechanism with schools and special rectification measures, the number of illegal stalls, hawkers and peddlers on the main roads and downtown areas has been reduced significantly during the period of Beijing Olympic Games. Over 40 inspection and remediation actions were organized. More than 120,000 illegal audio & video discs and over 10,000 volumes of pirated books were confiscated.

Shanghai Customs enhanced the investigation & striking force and effectively stroke down the flow of faked and pirated products while ensuring the efficiency of customs clearance. In the year round, 479 IP infringement cases were uncovered, a growth of 54.5% from the previous year. Over 40 million articles suspected of infringement were ferreted out with the total worth of 71 million RMB yuan. And 90% of all cases were related to trademark infringement.

In addition, the local government bodies stipulated and initiated the “Action Plan on IP Protection with 600 Days Countdown for World Expo”. The General Office of Shanghai Intellectual Property Joint Council organized relevant departments to conduct law enforcement inspection on the F1 Racing Circuit and the surrounding areas during the F1 Racing Period. All the achievements attracted much attention home and abroad. US Trade Representative Office pointed out in its 2008 Annual Special 301 Report, “Shanghai city has been praised by industry observers as a relatively bright spot in China’s IPR protection environment.”

IV.  Organizing Various Kinds of Publicity Activities and Creating Favorable Environment for Intellectual Property Culture

In order to implement IP strategies, to further spread IP knowledge and to boost IP education, the General Office of Shanghai Municipal Intellectual Property Joint Council carried out various promotional activities during the “Intellectual Property Protection Publicity Week” from April 20th to April 26th 2008. The IP Publicity Week in 2008 focused on the theme of “Welcome the Olympics and the World Expo”, emphasized the working concept of “Staying Close to Local Enterprises and Citizens” and embodied the measures such as “Link between Municipality and Districts”, “Interaction between the Media and the Public”, and “Cooperation between Universities and Enterprises”. With the active support and participation of the relevant departments, activities during the IP Publicity Week turned out to be a success which efficiently raised the public awareness of honoring and protecting IPR. 

The General Office of Shanghai Intellectual Property Joint Council organized the opening ceremony of IP Publicity Week with the theme of “Protect Intellectual Property, Promote Development by Innovation, Create Favorable Environment, Welcome the Olympics and World Expo”. It publicized the “10 Typical Cases of IP Protection in 2007” and “10 Pieces of Typical IP News in 2007”. By cooperating with relevant state departments, the Office held the “2008 China Intellectual Property Protection Summit Forum” and the “2008 China Intellectual Property Criminal Protection Forum”. It also held the “Briefing on the Status of IP Development & Protection in Shanghai in 2007” together with the Municipal Foreign Affairs Office. In addition, it compiled and published whitepaper titled “Status of IP Development & Protection in Shanghai in 2007” and “Typical Cases on IP Protection in Shanghai in 2006 and 2007”. It released the promotional film titled “Implementing Intellectual Property Strategies - Shanghai’s Taking Actions”. At the same time, a film featured with “Haibao” the mascot of World Expo 2010 was produced and frequently broadcasted on the large screens along Nanjing Road and in the 19 local Districts. 

Shanghai Municipal Administration of Industry and Commerce held the “Briefing on Trademark Protection and Trademark Development Strategy”, announced to the media the status of trademark protection and development in Shanghai since 2007, and publicized the “10 Typical Trademark Infringement cases”.

Shanghai Copyright Bureau carried out copyright protection promotional activities on the Internet and helped more than 10 renowned websites such as Eastday.com, Shanghai Online and Vnet.cn etc. to open the copyright protection columns. 

Shanghai Intellectual Property Administration set up IP publicity billboards along the city’s Inner Ring elevated roads for the first time. It cooperated with China Unicom to send short messages to mobile phone users to promote IP protection. The leaders of the Administration also communicated online with citizens regarding the implementation of the IP strategies through the “Online Interview” column of the portal website “Shanghai China”. 

Shanghai General Brigade of Cultural Market Administration & Law Enforcement and Shanghai Municipal Culture, Radio Broadcasting, Film and Television Administration jointly held “Shanghai Site Activity of 2008 National Campaign on Destruction of Infringing and Illegal Publications” in Huaihai Park. Authorities destroyed 3.15 million infringing and illegal publications and publicized the national IP policies to citizens in the forms of IP law consultation and case pictures exhibitions.

Shanghai Science & Technology Commission and Shanghai Municipal Judicial Bureau took advantage of the website of “Shanghai Science and Technology”, Shanghai science and technology publicity websites, electronic publicity screens and publicity posters to further raise the awareness of the whole society on Intellectual Property.

The enterprises under the Municipal State-owned Assets Supervision and Administration Commission added IP content to the information platform of “the Fifth of 5-Year Legal Publicity Activity” and advocate IP education for the enterprise leaders, mangers and employees through company websites and IP knowledge contests .

The Bureau of Shanghai World Expo Coordination supported Pudong New Area Intellectual Property Bureau and Pudong New Area Science and Technology Association to hold the first training session of the “World Expo IP Protection in Local Communities”. The Bureau of Shanghai World Expo, Shanghai Intellectual Property Administration, Shanghai Municipal Administration of Industry and Commerce and Shanghai Commercial Association jointly held the “Briefing on Shanghai World Expo Intellectual Property Status” and the “Promotion Ceremony of Self-discipline Protection on World Expo Emblem”. 17 associations of commerce and service industry as well as enterprises from all over the country signed on the “Self-discipline Proposal on World Expo Emblem Protection”.

Shanghai Customs made efforts on IP promotion to the incoming visitors and issued discs of the IP protection promotional video filmed by international star Jackie Chan to the port management departments, airline companies, passenger liner companies and the Railway Bureau. Meanwhile, the video was shown at the international ports and on airlines, passenger liners and trains.

The High and Intermediate People’s Courts made public trials of many IP cases, reported typical IP cases on the media and held the Work Conference on IP trial with the theme of “Retrospect and Prospect”.

In addition, the relevant departments of the city also caught the opportunity of the 30th anniversary of China’s reform and opening-up to carry out publicity activities on IP culture. On October 27th, the Shanghai Intellectual Property Administration held the “Seminar on 30th Anniversary of China’s Reform and Opening Up - Intellectual Property Retrospect and Prospect” and invited the first batch of Shanghai’s patent applicants, the first judge on IP cases and the first patent agent to look back on the development of Shanghai’s IP work and look forward to the future of the local IP cause.  From November 20th to 24th, the Municipal Administration of Industry and Commerce held the “2008 Shanghai Trademark Exhibition”, showcasing the achievements over the last 30 years as well as the images of Shanghai’s famous and renowned trademarks. On December 10th, the General Office of Shanghai Intellectual Property Joint Council and Shanghai Law Society jointly held the “Report Conference on Shanghai IP Legal Construction for the 30th Anniversary of China’s Reform and Opening Up”, which reviewed the development of local legal construction on trademark, patent, copyright & IP trail and looked forward to the blueprint of Shanghai’s IP legal framework under the IP strategies.

V.  Cultivating Intellectual Property Professionals and Talents through Various Channels and in Various Manners

The Municipal Human Resources and Social Security Bureau and the Shanghai Intellectual Property Administration jointly issued the “Notice on IP Continuing Education for Specialized Technical Personnel in 2008” and deployed the IP training programs for the specialized technical personnel from local enterprises and institutions. In the whole year, over 20,000 specialized technical personnel participated in the IP training and examination. The Municipal Human Resources and Social Security Bureau and the Shanghai Intellectual Property Administration worked together to promote the “Patent Management Engineer” training program and organized the city’s second round of qualification exam for patent management engineers. By now the city has 409 patent management engineers in total.

The Municipal Justice Bureau and Shanghai Bar Association jointly held the “Seminar on Improving Service Level and Professional Quality of IP Lawyers”. They proposed local lawyers to improve their professional quality and took the opportunities of implementing IP strategy to develop new IP businesses such as IP management and IP dispute settlement for enterprises.

Shanghai Copyright Bureau took the training on software asset management as the key to anti-piracy work and organized five sessions of training with the relevant industry associations. Leaders from more than 500 local enterprises attended the training program, which facilitated the use of original software copies in these enterprises. 

The Shanghai Intellectual Property Administration, together with some service agencies, supported the Shanghai Power Group, Shanghai Electric Group and Baosteel Group to organize patent professional training programs. Nearly 400 participants received the training and about 50 of them became senior patent information analysts. Meanwhile, the Administration also arranged volunteers from local universities and colleges to be IP trainees in enterprises. 

The Municipal Education Commission continued to emphasize students’ internship, to enhance the exchange between universities and employers, to set up IP practice bases in local courts and to create conditions for students on IP law practice.

VI.  Improving Judicatory Quality and Efficiency to Strengthen Judicial Protection on IPR

In 2008, courts of the city accepted 1,757 IP civil cases of first instance or second instance, up by 43.1% from 2007 and closed 1,634 cases, up by 33.2% from 2007. There were 1,522 IP civil cases of first instance, a growth of 45% and among which 1,379 cases were closed, up by 32.4%. During the same period, there were 79 IP criminal cases of first instance and among which 81 cases were closed, with a growth of 11.3% and 14.1% respectively. 

The features of the IP cases judged by local courts are as follows:

 (1) Obvious growth of copyright, trademark and technical contract cases and decrease of patent cases. In 2008, the city’s courts accepted 895 copyright cases of first instance, up by 50.2%, which accounted for 58.8% of the total IP civil cases of first instance. The number of trademark cases was 186, an increase of 48.8%; the number of technical contract cases was 81, with a growth of 55.8% and that of patent cases was 175, a drop by 1.7%. 

(2) Rising of IP cases of new types. For instance, Shanghai Huaming Electric Equipment Manufacturing Co., Ltd. requested the court’s certification of non-infringement on trade secret, which was the first case of its kind citywide. Shanghai Meishi Automobile Co., Ltd. sued Shanghai Shengshi Wedding Ceremony Service Co., Ltd. for forging the marks of product quality, also the first of its kind in the city. 

(3) High number of influential cases related to renowned brands and enterprises. Such as infringement cases related to “Montagut”, “GUCCI”, “PHILIPS”, “NEC”, “LETZ”, “Merlin Gerin”, “PUMA”, “Johnnie Walker”, “NIPPON”, “Mymarry”, “Zespri”, “Rosemount” and “Ley’s”.

(4) High number of foreign related cases and cases with large litigation subject. In 2008 there were 231 IP cases of first instance related to foreign countries and regions of Hong Kong, Macau and Taiwan, accounting for 15.2% of the total. Among all the cases of first instance, 75 were with the litigation subject over 1 million RMB yuan, a rise of 38.9% over last year.

(5) Complexity of online infringement cases. In 2008, Shanghai’s courts accepted over 600 online infringement cases of first instance, a growth of 200% over 2007 and more than 40% of the total. Except for the traditional illegal uploading, reproducing and webpage copying, there were kinds of new infringement activities related to P2P software, pplive software, online timed broadcast, online live broadcast, broadcast of films & videos in Internet bars and so on. These cases involve new technical or legal issues which are hard to be settled. 

(6) Rising of group IP lawsuits and serial IP lawsuits. For example, Pudong People’s Court accepted 265 copyright infringement cases prosecuted by Guangzhou Huaji Culture Co., Ltd., 31 online infringement cases prosecuted by the 6 film companies led by Warner Brothers and 7 computer software infringement cases filed by Microsoft and Adobe. 

Shanghai’s Court paid much attention to the principles of “Five Emphasis” during the trial process.

 (1) Emphasis on new types of cases, influential cases and difficult cases. For example, the copyright infringement case filed by Huang Nenghua against Yangzhou Yangtze River Audio & Video Co., Ltd. has provided guidelines for identifying the copyright of Chinese traditional opera art.

 (2) Emphasis on mediation. In 2008, 52.11% of the IP civil cases of the first instance in Shanghai’s courts were solved by mediation.

 (3) Emphasis on judicial suggestions. The Shanghai No. 1 Intermediate People’s Court, Shanghai No. 2 Intermediate People’s Court, Pudong People’s Court and Yangpu People’s Court offered judicial suggestions to RT Mart, the Municipal Association of Public Internet Service, Microsoft and China Opera Press to let them enhance IPR management and protection. All involved units and companies replied to the suggestions, indicating their intention to effectively solve the existing problems. This had produced good social effects.

(4) Emphasis on publicity of trials. The Shanghai No. 1 Intermediate People’s Court, Shanghai No. 2 Intermediate People’s Court and Yangpu People’s Court provided live broadcast of the trial process for some IP cases by online video, pictures and text on some websites such as “Eastday.com”, “People.com.cn”, “Chinacourt.org” and “Xinmin.cn”.

(5) Emphasis on convenience for all involved parties to participate in the trail. For example, the Shanghai No. 2 Intermediate People’s Court trailed the licensing dispute case between Qiansi Decoration Co., Ltd. and Yinggui Rosewood Co., Ltd, during which the concerned person on Chongming Island participated in the lawsuit through the teleconference system in Chongming’s People’s Court.

In 2008, Shanghai’s courts further improved the trial system. Luwan People’s Court set up the IP Tribunal and the Shanghai No.2 Intermediate People’s Court established the first Anti-monopoly Collegiate Bench in the country. The combined trial model integrating IP civil, administrative and criminal cases are implemented at all basic level courts with IP tribunals.

In addition, Shanghai High People’s Court took the opportunity of implementing the National IP Strategy to release the “Decisions of Shanghai Higher People’s Court on Implementing the Outline of the National Intellectual Property Strategy” and proposed 28 specific decisions regarding 6 aspects such as improving the IP trial system and enhancing IP judicial protection.

VII.  Accelerating International Cooperation and Deepening Intellectual Property Exchange.

Intellectual property cause develops with international exchange. Shanghai’s IP work also benefited from the communication and cooperation with overseas partners in 2008. 

The Shanghai Intellectual Property Administration organized several delegations to visit counterparts in Singapore, Japan, Canada and the U.S. It also received 32 groups of foreign visitors with the total number of 180 guests in Shanghai, including the Chairman of the American Intellectual Property Law Association, the IP Attache of US Embassy in China, US Consul General in Shanghai, South Africa Consul General in Shanghai, Commissioner of Canadian Intellectual Property Office and the Expert Team of EU-China Project on the Protection of Intellectual Property Rights(IPR2). Meanwhile, it held the “2008 Sixth Shanghai Intellectual Property International Forum”, jointly sponsored by the State Intellectual Property Office and Shanghai Municipal People’s Government.

The General Office of Shanghai Intellectual Property Joint Council and the U.S. Consulate General in Shanghai jointly held the “Sino-US Internet IP Protection Seminar”. The Shanghai Intellectual Property Service Center and Japan Intellectual Property Association (JIPA) jointly held the “Third Sino-Japanese Enterprise IP Cooperation Seminar” with the themes of technological management and brand management. Shanghai High People’s Court assisted the No. 3 Civil Tribunal of the China’s Supreme Court in organizing the “2008 IP Judicial Protection International Seminar”. 

Shanghai Customs advanced the cooperation program with Rotterdam Customs regarding law enforcement skills, information exchange, case briefing and promotion for IP protection in domestic enterprises. Shanghai Customs also received more than 10 foreign governmental or enterprise delegations such as European Parliament, U.S. Semiconductor Industry Association, U.S. Intellectual Property Law Association. During the meetings Shanghai Customs introduced the status and achievement of its IP protection.

Concluding Remarks

Shanghai’s intellectual property work had attained new achievement in 2008. However, as the China’s economic center and the metropolitan with international fame, Shanghai still needs to make continuous improvement on IP creation, protection, utilization and management. 

Guided by the Scientific Development Concept, Shanghai Municipal Government will continue to implement the “Outline of the National Intellectual Property Strategy” and “Several Decisions on the Implementation of the National Intellectual Property Strategy in Shanghai” in 2009. The city will take the opportunity of World Expo 2010 to strengthen its IP protection, encourage IP services to SMEs, promote IP Culture construction, make all efforts to build Shanghai into a city with the most favorable IP protection environment and keep the leading position on IP work within the whole country.