2. The Current Situation of Intellectual Property Protection in China my country’s intellectual property legal system, after more than 20 years of hard work, has been basically sound and perfect, and has achieved remarkable results. Our country has established a professional judicial system and administrative law enforcement team, and has concluded and handled a large number of intellectual property infringement cases. In 2003, the Patent Office of the State Intellectual Property Office accepted 308,487 domestic and foreign patent applications, an increase of 22.1% from 252,631 in the previous year, of which 251,238 were domestic applications, an increase of 22.3% from 205,396 in the previous year, accounting for 81.4% of the total; foreign There were 57,249 applications, an increase of 21.2 from the previous year's 47,236, accounting for 18.6 of the total. The number of applications for the three types of patents were: invention 105,318, an increase of 31.3 from the previous year's 80,233, accounting for 34.1 of the total; practical There were 109,115 new models, an increase of 17.2% from 93,139 pieces in the previous year, accounting for 35.4% of the total; 94,054 appearance designs, an increase of 18.7% from 79,260 pieces in the previous year, accounting for 30.5% of the total. Since the implementation of the Patent Law in 1985, the country has The Intellectual Property Office accepted 1,931,125 patent applications, including 1,595,184 domestic applications, accounting for 82.6%, 335,941 foreign applications, accounting for 17.4%; 575,571 invention applications, accounting for 29.8%, 876,111 utility model applications, accounting for 45.4%, and 479,443 design applications. , accounting for 24.8. In 2003, the Patent Office of the State Intellectual Property Office authorized 182,226 patents, an increase of 37.6 over the previous year's 132,399, of which 149,588 were domestic patents, accounting for 82.1, an increase of 33.4 over the previous year's 112,103, and 32,638 foreign patents. There were 37,154 invention patents, accounting for 17.9, an increase of 60.8 from the previous year's 20,296; there were 37,154 invention patents, accounting for 20.4, an increase of 73.0 from the previous year's 21,476; utility models were 68,906, accounting for 37.8, an increase of 19.9 from the previous year's 57,483. There were 76,166 designs, accounting for 41.8%, an increase of 42.5% from 53,442 in the previous year. As of December 31, 2003, the Patent Office of the State Intellectual Property Office had granted 1,065,264 patent rights, including 941,918 domestic patents, accounting for 88.4%. , there were 123,346 foreign patents, accounting for 11.6; 136,056 invention patents, accounting for 12.8; 580,600 utility models, accounting for 54.5; and 348,608 designs, accounting for 32.7. Patent applications in 2003 had three significant characteristics: First, the number of three types of patent applications The world is divided into three parts, with the number of invention patent applications approaching utility model patent applications for the first time in 16 years. The number of invention patent applications in 2003 increased by 31.3% compared with the previous year, much higher than the other two categories. Second, for the first time in eight years, the number of domestic applications for invention patents exceeded foreign applications. Since my country became a member of the PCT in 1994, foreign invention patent applications have increased dramatically, while domestic invention patent applications have been relatively few. In 2003, there were 57,000 domestic applications for invention patents and 49,000 foreign applications. Third, for the first time since the implementation of the Patent Law, job applications at home and abroad exceeded non-job applications. This is due to the rapid growth of domestic job applications (an increase of 26.1% from the previous year). The number of domestic invention patent job applications reached 34,731 (an increase of 53.2% from the previous year), exceeding the growth rate of utility model and design job applications (respectively 23.3% and 8.8%), making domestic job applications account for more than 40% of the total domestic applications. As of December 31, 2003, the State Intellectual Property Office had accepted a total of 1,931,118 patent applications, including: 1,595,415 domestic applications and 335,703 foreign applications, accounting for 82.6% and 82.6% of the total respectively. 17.4%. The total number of authorized patents is 1,065,261, of which 941,940 are domestic and 123,321 foreign, accounting for 88.4% and 11.6% of the total respectively.

In 2003, the State Intellectual Property Office approved 28 pilot cities, 5 intellectual property system demonstration parks, 6 patent industrialization project pilot bases, 60 enterprises and institutions patent pilot units, and 73 patented technology industrialization demonstration projects. In 2003, the number of applications for integrated circuit layout designs was 193, and 204 were issued certificates. Since the registration of exclusive rights to integrated circuit layout designs began on October 1, 2001, by the end of 2003, the State Intellectual Property Office had accepted 438 applications for integrated circuit layout designs, and registered and announced 366 exclusive rights to integrated circuit layout designs. pieces. In 2003, the number of trademark registration applications in my country reached a new high based on the substantial growth in consecutive years. The Trademark Office accepted 452,095 goods and service trademark applications, an increase of more than 80,000 over 2002, an increase of 21.6%. , including 405,620 domestic applications, an increase of 26.3% over 2002, accounting for 89.7% of the total applications; 33,912 foreign applications, accounting for 7.5% of the total applications; 12,563 Madrid international trademark registration territorial extension applications cases, accounting for 2.8% of the total applications. This is the year with the largest number of applications in our country’s history. This number of trademark applications broke the world record of 375,000 annual applications in the United States in 2000. my country's annual trademark applications have ranked first in the world for two consecutive years. Since the unified registration of national trademarks was restored in 1979, it took 21 years for China’s annual trademark applications to increase from 20,000 to 200,000, and only three years from 200,000 to 400,000. In 2003, the Trademark Office reviewed more than 330,000 trademark registration applications throughout the year, 80,000 more than in 2002, including 245,737 preliminary approvals, 89,514 rejections or partial rejections, and 34,378 changes to registered trademark matters. , 41,366 registered trademarks were transferred, 23,184 registered trademarks were renewed, 32,653 registered trademarks were canceled or revoked, and 12,886 trademark licensing contracts were filed. By the end of 2003, my country had approved more than 1.973 million registered trademarks. By the end of 2003, the number of trademark agencies engaged in trademark agency business across the country had increased to more than 840. In 2003, the number of applications for new forestry plant variety rights in my country was 48, an increase of 31 from 17 in 2002, an increase of 182%. The number of foreign applications was 35, accounting for 94.5% of the total annual applications, setting a record high in foreign applications in the past five years, accounting for 76.1% of the total foreign applications in the past five years. Among the 48 applications throughout the year, 37 were applied by agencies, accounting for 77.1% of the total. In 2003, 7 variety rights were granted. The State Forestry Administration has published three batches of protected lists of new plant varieties of 45 genera (species). Following the establishment of the first batch of five new forestry plant variety agencies in 2000, in 2003, after review, 16 units in 13 provinces and cities, including Beijing, Shanghai, and Guangdong, were newly approved as new forestry plant variety agencies. In 2003, my country accepted 567 applications for new agricultural plant variety rights, an increase of 96% compared with 2002, setting a record for the highest number of applications in the past; 261 new agricultural plant varieties were authorized. As of 2003, the Ministry of Agriculture has released five batches of protected lists of new agricultural plant varieties. In addition to field crops such as rice, corn, and wheat, there are also vegetables, fruit trees, and ornamental plants. There are 41 genera and species announced for protection. Since my country implemented the Regulations on the Protection of New Plant Varieties on April 23, 1999, the total number of applications for new plant variety rights has exceeded the 1,000 mark, reaching 1,304, and 428 variety rights have been granted. These include 13 variety rights applications from foreign countries such as South Korea, the Netherlands, and Japan. In the 30 years before the reform and opening up, only more than 5,000 new plant varieties were bred across the country. Now, nearly a thousand new plant varieties are bred every year, including more than 500 varieties right applications. In 2003, the Ministry of Agriculture released the fifth batch of new agricultural plant variety protection lists, adding 11 new protected plant genera and species, bringing the number of protected agricultural plant genera (species) to 41.

In 2003, the volume of software registration and certification in China reached a historical high. As of December 31, 2003, the country had accepted 11,360 software registration applications of various types, and the number of applications reviewed and approved for certification was 13,626. In addition, the China Copyright Protection Center has completed more than 5,000 registrations of various types, including registration of work copyrights, filing of copyright licensing and transfer contracts, registration of contracts for publishing overseas audio and video products, and registration of copyright pledge contracts. In 2003, the national intellectual property management agencies accepted 1,517 cases of patent disputes, closed 1,237 cases, investigated and dealt with 1,873 cases of counterfeit patents, and investigated and dealt with 164 cases of counterfeit patents. In 2003, industrial and commercial administrative agencies at all levels across the country investigated and dealt with 37,489 cases of various types of trademark violations, including 11,001 general trademark violation cases and 26,488 cases of trademark infringement and counterfeiting. In the process of investigating and handling cases of trademark violations, industrial and commercial administrative agencies at all levels across the country seized and eliminated 87.455 million illegal trademark signs, confiscated 15,597 molds, printing plates and other tools directly used for trademark infringement, and destroyed 5,754.92 tons of illegal items. , fined 242 million yuan, and transferred 45 cases to judicial organs for criminal prosecution, killing 52 people. In 2003, the National Copyright Administration organized three nationwide centralized special governance actions. During the governance action, the copyright law enforcement department dispatched 150,000 law enforcement officers, inspected 20,000 markets, 67,000 stalls, inspected more than 500 enterprises and 8,000 schools, and confiscated 12.9 million pirated products of various types ( Zhang), *** imposed administrative penalties on 2,542 infringing units, fined 2.81 million yuan, and banned 1,981 illegal businesses. In 2003, copyright administrative agencies at all levels across the country accepted 23,013 cases, an increase of nearly 2.6 times compared with the previous year, and closed 22,429 cases, with a case closure rate of 97.46, of which 21,032 administrative penalties were imposed. 1,173 cases were mediated, and 224 cases were transferred to judicial organs. The five regions that accepted a larger number of cases and issued administrative penalties were Guangdong, Guangxi, Henan, Jiangsu, and Fujian. In 2003, customs authorities across the country seized 756 cases of intellectual property infringement, with a case value of 67.97 million yuan. Among them, there were 9 import cases with a case value of 270,000 yuan; 747 export cases with a case value of 67.7 million yuan. There were 741 trademark infringement cases with a case value of 66.93 million yuan; 14 patent infringement cases with a case value of 1.04 million yuan; and 1 copyright infringement case. As of the end of November 2003, 123 applications for product protection of origin have been submitted to the General Administration of Quality Supervision and Quarantine of the State Administration of Quality Supervision, Inspection and Quarantine, of which 49 have been announced and approved, and 41 have been announced and accepted. As of June 2004, there were 251 products protected by geographical indications from the General Administration of Quality Supervision, Inspection and Quarantine, and 217 products protected by country of origin marks. As of the end of November 2003, 233 applications for registration of geographical indications as certification trademarks had been submitted to the State Trademark Office, and 100 applications had been approved for registration. By the end of May 2004, 110 geographical indications had been approved for registration as certification marks or collective marks. The Supreme People's Court refers intellectual property-related cases to the Intermediate People's Court for first instance. Currently, lawsuits related to trademark rights and copyrights can be heard in more than 400 intermediate people's courts and 8 district-level courts across the country, while cases related to patent rights and new plant varieties are only authorized to be heard in 3 district-level courts, 48 ??intermediate people's courts and 8 district-level courts. 31 higher people's courts accepted the case. All 31 higher people's courts in China have established specialized intellectual property courts. In the five years from 1998 to 2002, the People's Court successively conducted trials of cases involving new plant varieties, trade secrets, computer software, and infringement of copyrights, trademark rights, and patent rights in the network environment, and concluded 23,636 intellectual property cases. cases, an increase of 40% compared with the previous five years. In 2003, courts across the country accepted 9,271 new cases of first instance, second instance and retrial of intellectual property rights, a year-on-year increase of 18.86, and concluded 8,978 cases, an increase of 25.36. Among them: the number of cases accepted in the first instance increased, with ownership and infringement disputes accounting for more than 70%.

There were 6,983 new first-instance intellectual property cases received throughout the year, a year-on-year increase of 12.61%, including 5,534 ownership and infringement cases, accounting for 79.25%. Copyright dispute cases had the largest increase, ranking first among all types of intellectual property cases, with 2,493 new cases received. A year-on-year increase of 36.68; there were 2,110 patent dispute cases, a year-on-year increase of 1.39; 1,105 technology contract cases, a decrease of 16.16; 926 trademark rights cases, a year-on-year increase of 30.98; 100 new plant variety cases, and 249 other intellectual property cases. The increase in cases closed in the first instance was higher than the number of cases closed. Courts across the country concluded 6,860 first-instance intellectual property cases, a year-on-year increase of 2.144%. The subject amount involved was 1.494 billion yuan, and the case closure rate was 7.428. Among them, 2,929 were judged, accounting for 42.70. Cases concluded by the Intermediate People’s Court or above accounted for 84.76. 94 foreign-related cases were concluded. Accounting for only 1.4, there were 58 Hong Kong-related cases and 42 Taiwan-related cases, totaling less than 3% of all cases. Accepted 167 first-instance administrative cases of patent invalidation, trademark opposition, and disputes (including 161 patent invalidation administrative cases, trademark opposition , 6 controversial administrative cases). As of June 30, 2004, the total number of Internet users in China has reached 87 million, the total number of computers with Internet access is 36.3 million, the number of registered domain names under CN has reached 382,216, the total number of WWW sites is 626,600, the total international network export bandwidth is 53941M, and mainland my country's IPv4 The total number of addresses is 49421824, and the total number of IPv6 addresses is 11/32/48. The number of Internet users in my country has surpassed that of Japan, ranking second in the world after the United States. The number of Internet users is an important indicator for measuring the development of the Internet. It is the necessary basis for objectively measuring the in-depth application of the Internet. But when measuring the extent of my country's Internet development, it is a necessary data but not a sufficient one. At present, the number of Internet users in our country accounts for about 6.7% of the total population. Taking the United States and Japan, which have relatively high levels of Internet development, as examples, for the same proportion, the United States is about 70 and Japan is about 45. The ratio of Internet users to the total population is The significance is that only after reaching a certain level can related network applications grow in a mutually reinforcing manner and the network economy can prosper. According to expert estimates, websites engaged in Internet publishing business account for more than 50% of the total number of websites, and the amount of Internet publishing information accounts for more than 40% of the total amount of Internet information. The General Administration of Press and Publication reviewed, examined, and approved the establishment of the first batch of 50 Internet publishing institutions. It is a fact recognized by the world that the level of intellectual property protection in our country has been improving year by year.