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Annual Report
White Paper on the Intellectual Property Development in Shanghai in the Year 2015

In the year 2015, Shanghai has followed the decisions and arrangements of the State Council to build China into one Intellectual Property (IP) Powerful Nation. The city regarded the in-depth implementation of IP strategy as the main line, the construction of Science & Technology Innovation Center as the focus and deepening reform in the IP field as the key. New progress has been made for the overall IP course in Shanghai in the aspects of IP creation, IP exploitation, IP rights (IPR) protection, IP management and IP services.

 

I. Improvement of Quantity & Quality of IP Creation

The total number of patent filings in the city in 2015 reached up to 100,006, with an increase of 22.5% compared with that in 2014. Inventions, utility models and industrial designs account for 47%, 42% and 11% respectively among all patent applications. The number of all patents granted was 60,623, with a yearly increase of 20.1%. The number of invention patents granted was 17,601, increased by 51.5%. The number of filings for PCT patents was 1,060, with a yearly increase of 2.1%. Up to the end of the year 2015, the number of valid invention patents in Shanghai was 69,982, with an increase of 23.8% compared with that in 2014.

426 FamousTrademarkswere identified in Shanghai in 2015, of which 19 were newly identified and 347 were continuously identified. Up to the end of the year, the total number of valid registered trademarks in the city reached almost 548,000, of which 1300 were Famous Trademarks and 184 were Well-known Trademarks.

The number of copyright registrations in Shanghai in 2015 was 199,148, in which the copyright registration for 3 dramatic works was the first time in the city’s history.

The number of applications for new plant varieties in Shanghai in 2015 was 19 (all for agriculture sector) and the granted number was 52 (44 for agriculture sector and 8 for forestry sector) .

 

II. Upgrading of IP Policies and Measures

Shanghai Municipal Committee of the Communist Party of China (CPC Shanghai Municipal Committee) and Shanghai Municipal People's Government issued the Implementation Opinions on the IPR Exploitation & Protection to Support the Construction of Science & Technology Innovation Center in Shanghai.

Shanghai Municipal People's Government has made clear the relevant IP policies & measures in the published Implementation Opinions on Further Accelerating the Transfer and Transformation of Scientific & Technological Achievements, Implementation Opinions on the Innovation of Financial Services to Support the Construction of Science & Technology Innovation Center in Shanghai, Implementation Opinions on the Integrated Development of Cultural & Creative Industries, Design Services Industry and Relevant Industries. All these Opinions have promoted the integration of IP with science & technology, culture, finance and industries.

Shanghai Intellectual Property Administration (SIPA) deepened the reform in the IP field to provide practical experience for the national IP administrative regulations in the Pilot Free Trade Zones. SIPA helped to connect the IP work in Pudong New Area with that in the expanded Shanghai Pilot Free Trade Zone, and delegated the approval rights of “Patent Funding” to Pudong New Area.

Shanghai Municipal Commission of Economy and Informatization, Shanghai Municipal Science and Technology Commission and Zhangjiang Hi-tech Zone Management Committee led the determination of the Preparation Method of Recommendation Directory for Shanghai Innovative Products (Trial Edition).

Shanghai Municipal Commission of Economy and Informatization, Shanghai Municipal Finance Bureau, Shanghai Municipal Office of the State Administration of Taxation, Shanghai Municipal Bureau of Local Taxation and Shanghai Customs jointly revised the Administrative Measures on the Identification of Enterprises’ Technology Centers in Shanghai.

Shanghai Municipal Administration for Industry and Commerce issued Implementation Opinions on the Protection of Disney’s Trademark.

Shanghai Municipal Science and Technology Commission proposed the implementation plan on the capacity building subsidies for technology transfer services and science & technology consulting services.

Shanghai Municipal Bureau of Technical Supervision of Quality conducted the drafting and revising of relevant local standards on geographical indications protection products such as “Songjiang Rice”.

Shanghai IP Joint Committee set up the Shanghai Advisory Committee of IP Experts and organized the IP Experts Advisory Meetings.

 

III. Enhancement of IP Capacities of Innovation Main Bodies

Shanghai has pushed forward the IP experiment and demonstration activities in local enterprises, public institutions and industrial parks. State Intellectual Property Office named 13 units in Shanghai as the National IP Demonstration Enterprises and the National Enterprises with IP Advantages.

State Copyright Bureau named 2 enterprises and 1 industrial park in Shanghai as National Copyright Demonstration Units and National Copyright Demonstration Park/Base.

Ministry of Industry and Information Technology of the P. R. China named 3 enterprises in Shanghai as “Benchmarks of IP Exploitation among Industrial Enterprises”.

Shanghai Municipal Commission of Economy and Informatization, Shanghai Municipal State-owned Assets Supervision and Administration Commission, Shanghai Municipal Finance Bureau, Shanghai Municipal Administration for Industry and Commerce, Shanghai Intellectual Property Administration, Shanghai Municipal Copyright Bureau jointly named 18 local units as Enterprises with IP Advantages in Shanghai.

Shanghai Intellectual Property Administration named 9 Patent Demonstration Units and 137 Patent Experiment Units, together with 4 IP Demonstration Parks and 4 IP Experiment Parks in Shanghai.

Shanghai Municipal Copyright Bureau named 18 Shanghai Copyright Demonstration Units and 2 Copyright Demonstration Parks /Bases in Shanghai.

Shanghai Municipal Commission of Health and Family Planningnamed 5 IP Demonstration Units and 10 IP Experiment Units within its System.

The assessment activities have been conducted in the IP field in Shanghai. 22 patents from Shanghai won the China Patent Excellence Medal and China Industrial Design Excellence Medal on the 17th Ceremony for the WIPO-SIPO Award for Chinese Outstanding Patented Invention and Industrial Design in 2015.

Ctrip Computer Technology (Shanghai) Co., Ltd. won the Trademark Innovation Award on the 2nd China Trademark Gold Medal Assessment.

The active measures have been taken to support innovation and entrepreneurship of local enterprises. Shanghai Intellectual Property Administration (SIPA) pushed forward the implementation of IP Management Specifications in Enterprises as national standard, and implemented projects on the patent strategy formulation, patent database construction and IP appraisal in local enterprises. SIPA also helped add IP service platforms in 6 branch industrial parks of Zhangjiang National Innovation Demonstration Zone. SIPA cooperated with the Publicity Department of CPC Shanghai Municipal Committee on the study program about the IP development status and countermeasure in the integration field between culture and science & technology in Shanghai. SIPA also issued the Guideline Book for CSITF IPR Protection during the 3rd China (Shanghai) International Technology Fair.

Shanghai Municipal Science and Technology Commission has operated IP review system for science & technology projects and checked the IPR protection strategy and output goals of project undertakers.

Shanghai Municipal Administration for Industry and Commerce conducted programs named as “Visits to Thousands of Enterprises” to guide local companies to prepare and implement personalized trademark development plans, and to life their capabilities on trademark confirmation, protection and exploitation.

Shanghai Municipal Bureau of Technical Supervision of Quality helped a group of local enterprises to apply for certification labels for products with geographical indications, such as “Old Chongming Liquor” and “Old Chongming Hairy Crab”.

Shanghai Municipal Copyright Bureau has conducted the research on the Guideline Book for Copyright Management in Enterprises to help the local companies to establish specified and efficient copyright management system.

 

IV. Optimization of IP Services

Shanghai Intellectual Property Administration propelled the patent information dissemination and utilization. The Shanghai IP (Patent) Information Public Service Platform had visits up to 40,000 person-times and the national registered users nationwide increased with 807 compared with that in 2014. The platform provided enterprises with 30 patent search & analysis reports. Local enterprises have established 1,150 online databases on this platform, with an increase of 30 compared to 2014. And the platform has developed data search system on patent reexamination and invalidation, together with statistics & analysis system on integrated circuit layout design and software copyright registration.

Shanghai Municipal Copyright Bureau built 2 more copyright service stations.

Shanghai Intellectual Property Administration (SIPA) started the construction of IP operation platform, while guiding 2 IP service providers to undertake National Experiment Projects on IP Operation. SIPA promoted patent pledge financing and the patent financing loans for 173 patents from 52 local enterprises in the whole year reached to RMB 1.14 billion. SIPA also pushed forward the IP insurance experiment and 343 patents from 30 local enterprises in the whole year were insured with total amount of RMB 7.03 million.

In 2015, Shanghai has added 5 patent agencies and 112 patent agents. Training programs for practical skills were provided to 232 patent agents. In the National Patent Agent Qualification Exam in Shanghai in 2015, 682 passed among all the 3814 enlisted candidates.

 

V. Strengthening of the IPR Protection

Member units of Shanghai IP Joint Committee and district governments in the city carried out special actions against IPR infringement and counterfeiting, and strengthened the convergence between administrative law enforcement and judicial protection to further optimize the environment for IPR protection.

The number of the IP cases accepted by Shanghai courts has topped 10,000 for the first time and amounted to 10,095, with a yearly increase of 29.01%. And the numbers of IP cases concluded amounted to 9,353, with a yearly increase of 22.87%. Of which the Shanghai Intellectual Property Court undertook 1,641 civil and administrative IP cases for first and second instance and 1,047 IP cases were concluded. The rate of case settlement within the limited trial period was 98.19%.

The city’s procuratorial organs undertook 324 cases of IPR infringement with 568 suspects. 260 cases with 421 suspects have been presented public prosecution.

Shanghai Police set 1,184 cases on counterfeit and infringement in the whole year, 975 cases have been solved and 1,909 criminal suspects were arrested. And the local police launched 16 group battles, destroyed more than 30 criminal gangs and over 60 criminal dens.

Different levels of administrations for industry and commerce investigated and settled 1,340 cases of trademark infringement in the whole year and confiscated 1.367 million pieces (sets) of various trademark infringement goods & labels. And 17 suspected trademark criminal cases were transferred to the Police.

The culture law enforcement authorities checked various cultural business sites over 20,000 times by special actions. 343 cases were settled by penalty. 187 business sites were banned for unlicensed operation. 21 wholesale dens of illegal audio-video products were investigated and over 650,000 illegal audio-video products with 87,000 copies of illegal publications were seized.

Urban management authorities implemented administrative punishment in more than 4,200 cases of infringement on streets throughout the year. 28,000 illegal audio-video products, pirated books and infringing products were seized.

The Shanghai Customs handled 247 cases of IPR infringement in 2015 with 5.1207 million pieces of goods involving RMB 30.2274 million Yuan.

Shanghai Intellectual Property Administration (SIPA) settled 204 patent administrative cases in the whole year; checked 1,000 patent commodities and issued rectification notices to 10 items whose patent label were not marked according to the standard. SIPA also sent officers to 33 large-scale international exhibitions and dealt 253 patent infringement disputes on site, and pushed forward the pledge activities of “Selling Authentic Products and Protect Intellectual property Rights” in 3,439 stores of 266 commercial units in the city.

Shanghai Municipal Administration for Industry and Commerce organized special actions to protect trademarks relevant to geographical indications.

Shanghai Municipal Copyright Bureauand Shanghai Cultural Law Enforcement Team carried out the special action named as “Jianwang Action” to fight with online copyright infringement, relying on Shanghai Internet copyright monitoring platform.

Shanghai Forestry Bureau organized special action to fight against the infringement and counterfeiting of new plant varieties.

Shanghai Municipal Commission of Commerce launched overseas IPR protection services by setting up the service windows for overseas IPR protection in international trade, and the Alliance for Overseas IPR Protection Service Bases.

Shanghai Bureau of Justice and Shanghai Intellectual Property Administration jointly carried out experiment of the people’s mediation for IP disputes in Pudong New Area, Xuhui District, Yangpu District and Minhang District.

 

VI. Organizing of IP Training & Publicity Programs

In the year 2015, Shanghai Municipal Bureau of Human Resources & Social Security and Shanghai Intellectual Property Administration (SIPA) carried out continuing education with IP courses for 20,103 professionals and technical personnel of local enterprises and institutions. Qualification examination was organized for engineering and technical personnel with the major in patent management. 96 candidates got the qualification pass of “Patent Management Engineer” after the exam. SIPA fostered 1,000 “Patent Practitioners” through training & examination, and prepared the 13th Five-Year Plan for the Development of IP Talents in Shanghai.

Shanghai Municipal Administration for Industry and Commerce carried out training programs on trademark law, famous trademark application and protection for Disney’s trademark.

Shanghai Municipal Copyright Bureau organized training programs on software legalization and online copyright law enforcement for the district government agencies and related enterprises.

Shanghai Municipal Commission of Health and Family Planning held training courses for IP management in health system, exchange meetings, and forum on the management and development of transformation for medical science & technology achievements.

Shanghai Forestry Bureau organized special training program on the innovation and protection for new variety of forestry plant and held simulated law enforcement exercise on the infringement to some new variety of plant.

Shanghai IP Joint Committee organized IP publicity week activities with the theme of “Constructing Intellectual Property Powerful Nation and Supporting Innovation Driven Development” in the city. The committee released White Book on the Intellectual Property Development in Shanghai in 2014 and publicity video on Shanghai intellectual property development. It announced “Ten Typical IP Cases in Shanghai in 2014”, hosted the press conference on the IP development in Yangtze River Delta Region, held IP Briefing to foreign consulates in Shanghai, foreign enterprises, foreign chambers of commerce and the media; and offered the training course of “IP Culture Construction”.

Shanghai High People’s Court issued the White Paper on IP Cases Trial in Shanghai Courts in 2014 and “Ten Typical IP Judicial Protection Cases in Shanghai Courts in 2014”. It also co-hosted with Tongji University the Forum on the Construction of Science & Technology Innovation Center and Judicial IPR Protection in Shanghai.  Shanghai Intellectual Property Court held public open day activities to corporate employees, school students and so on to visit the court and audit the trial.

Shanghai People’s Procuratorate released the “Typical IP Case handled by Shanghai Procuratorial Organs from 2013 to 2014” to the public. Procuratorate office stationed in the Shanghai Pilot Free Trade Zone issued the Guideline on Legal Services and Guideline of IPR Laws and Protection in the zone.

Shanghai Intellectual Property Administration held the Briefing of Shanghai Patent Development in the Year 2014.

Shanghai Municipal Commission of Economy & Informatization and Shanghai Intellectual Property Administration jointly hosted the 1st China Brand Economy (Shanghai) Forum with the theme as “Brand Development under the New Economic Normal Condition”.

Shanghai Municipal Administration of Industry and Commerce organized publicity activities for the first anniversary of the implementation of the New Trademark Law.

Shanghai Municipal Copyright Bureau organized the selection and publicity activities of “Ten Typical Cases of Copyright Protection in Shanghai in 2014”. It also published Defend and Share --- Analysis on the Typical Copyright Cases in Shanghai.

Shanghai Municipal Commission of Health and Family Planning sent a delegation for IP publicity activities to major hospitals in the city.

Shanghai Municipal Education Commission held simulated patent trading activities for students in primary and middle schools.

Shanghai Municipal Food and Drug Administration printed and released the Guideline for IPR Protection in its whole system.

 

VII. Building of International IP Exchange Platforms

Shanghai Municipal People's Government and the World Intellectual Property Organization (WIPO) jointly organized the Shanghai International Intellectual Property Forum in Shanghai.

Shanghai Intellectual Property Administration supported WIPO to organize the Heads of Intellectual Property Office Conference (HIPOC) for Countries in South Asia and Southeast Asia.

 Shanghai Municipal Administration for Industry and Commerce assisted to organize the Award-giving Ceremony of China Trademark Gold Medal hosted by State Administration for Industry and Commerce and WIPO in Shanghai.

Shanghai Municipal Copyright Bureau took part in the preparation of signing ceremony for the Memorandum of Understanding on Bilateral Cooperation by State Copyright Bureau and WIPO in Shanghai.

Entrusted by the State Intellectual Property Office (SIPO), Shanghai Intellectual Property Administration (SIPA) supported to organize SIPO IP training program for over 30 officers from IP offices of 18 foreign countries. Entrusted by WIPO, SIPA also assisted WIPO Summer IP School in China and WIPO IP Arbitration and Mediation Seminar, and organized the Workshop on the Effective Utilization of WIPO Global IP Services with the WIPO Office in China. 

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