Protection of Intellectual Property Rights(IPR) in Tianjin Economic -Technological Development Area

Treasure the spiritual creations of human beings and share the benefits of scientific progress.

I.Implementation of the Laws and Regulations on IPR Protection of Tianjin Municipality and China.

Tianjin Economic-Technological Development Area (hereinafter called TEDA for short) implements the laws and regulations related to IPR protection of both the Chinese Central Government and Tianjin Municipal Government. The laws and regulations formulated by the Chinese Government include The Patent Law of the People's Republic of China, The Regulations on the Protection of Layout-Designs of Integrated Circuits, The Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights, The Trademark Law of the People's Republic of China, The Law Against Unfair Competition of the People's Republic of China, The Copyright Law of the People's Republic of China, The Regulations of the People's Republic of China on the Administration of  Audio-visual Products, and The Regulations on Computer Software Protection. The related regulations formulated by Tianjin Municipality include The Measures of Tianjin Municipality for the Administration and Protection of Patent, The Interim Measures of Tianjin Intellectual Property Office for Loans Pledged by Patent Right, and The Regulations of Tianjin Municipality on the Reinforcement of Checking Legal Status Information of Patent.

II.IPR Protection in TEDA

TEDA takes the protection of IPR and enhancement of its capability of scientific and technological innovation as the key move that promotes the development of local economy and legislative environment for encouraging knowledge innovation and protecting IPR.

Intellectual Property Office of TEDA, the special authority of IPR administration in TEDA, is responsible for the administration, coordination and development of IPR. Its business covers IPR-related administrative examination and approval, publicity campaigns, training, intermediate services, exchanges and exhibitions. Closely working together with such other law enforcement authorities as the TEDA Branch of Tianjin Industry and Commerce Administrative Bureau, TEDA Social Development Bureau, TEDA Customs House and TEDA Court, Intellectual Property Office of TEDA strictly enforces the laws concerning IPR protection promulgated by both the Chinese Government and Tianjin Municipal Government. A mechanism of IPR protection utilizing both administrative and judicial measures has been established in TEDA. 

III. Major Measures of TEDA for Fostering Independent IPR

1.Establishment of a Policy Support System for Independent IPR

TEDA has promulgated The Provisions on Promoting the Development of Hi-tech Industries and the Provisions for Encouraging Top Talents to Join TEDA and has been constantly amending these regulations. TEDA has increased its investment in incubating innovation-oriented enterprises with independent IPR, in training talents for high-level research and development, and in establishing high-level R&D institutes. In the meantime, TEDA has strengthened its effort to promote the projects and products with independent IPR. While a powerful group capable of independent S&T innovation has taken shape, TEDA's capability of S&T innovation has been significantly improving. By the end of 2005, TEDA boasted 23 state-level and provincial-level engineering and technology centers, 11 technology centers affiliated to enterprises, 37 R&D centers by foreign investors, and 212 officially acknowledged hi-tech enterprises.

In The Provisions on Promoting the Development of Hi-tech Industries, the latest regulations promulgated by TEDA, it is stipulated that policy support shall always be provided to the enterprise or R&D institute during the process of patent application, patent commissioning, and the commercialization of patented products, so as to stimulate IPR achievement, enhance core competitive edges of enterprises, accelerate the industrial application of technological achievements of enterprises or R&D institutes, and spur the development of economy, science and technology.

The number of patent applications of TEDA has been rising rapidly. According to the statistics of State Intellectual Property Office of the People's Republic of China, since 2002, the number of TEDA's patent applications had grown at an annual rate of 73% and increased by five times by 2005. Of the total number of annual patent applications of TEDA, invention applications averagely accounted for 38%, which was higher than the average of China.

2.Setting Up a Patent Industrialization Base

A patent industrialization base will be set up with the Tianjin University Science Park (TUSP) as its carrier. To create a reliable hardware environment for the industrialization of IPR, the TEDA Administrative Commission accumulatively earmarked one billion yuan from its disposable fiscal revenue to establish a public laboratory platform for key industries. This initiative guaranteed superior infrastructures to local IPR development. Currently, TUSP has attracted nearly 60 projects, including 10 state and provincial-level R&D institutions,4 professional incubators, and over 30 hi-tech enterprises. It has also developed over 300 patents, 50 of which are already industrialized and registered a total sales revenue of nearly 600 million yuan. Over 50 projects in TUSP have received financial support from various state ministries and municipal agencies.

In the future, TUSP will intensify its support to advantageous industries and build up professional incubators for the IPR-oriented enterprises. The TEDA Watson Biopark will be oriented to the industrialization of biomedicine patents, the National Nanotechnology Industrialization Center to nano patents, and the Software Mansion to independent software copyright.

3.Setting Up a Trans-regional IPR Protection Mechanism

Responding to the proposal of TEDA, nine regions along the Beijing-Tianjin-Tanggu Expressway signed a joint statement on March 25th, 2006, the purpose of which is to bolster trans-regional cooperation, establish a trans-regional IPR protection mechanism, and make the Beijing-Tianjin-Tanggu region a "Shinkansen" of hi-tech achievements.

Along the Beijing-Tianjin-Tanggu Expressway there exist more than one dozen of state and provincial-level development zones (e.g. TEDA) and hi-tech parks as well as over 300 higher learning institutions. The region is indeed one of China's most important brain warehouses.

The trans-regional IPR protection mechanism proposed by TEDA will play an active role in breaking regional market blockade, promoting trans-regional patent transfer, facilitating trans-regional patent industrialization and cooperation, fully mobilizing the industrial edges of individual regions, encouraging the complementation between industries, creating trans-regional industrial chains, and boosting the overall competitiveness and innovation capacity of the Beijing-Tianjin-Tanggu region.

IV.Major Achievements of TEDA's Battle against Fake & Piracy

In previous years, TEDA has organized many campaigns on an annual basis to crack down on IPR infringement, illegal publications and illegal audio & video products. In 2005, over one thousand of illegal audio & video products and over 300 illegal publications have been confiscated during market rectification campaigns and thus effectively curbed the rampant piracy trend. Today local market order has become much better and the sales of genuine products saw an obvious climb.

TEDA has also launched special campaigns to protect registered trademarks through intensifying supervision on trademark market and taking resolute measures against trademark infringement. We have investigated and solved quite a number of infringement cases, such as fake KissMe cosmetic cream, fake Amico copper valves, fake Tienbah watches, Master Tang beverages(which obviously imitated the famous Taiwanese trademark Master Kang) and thus well protected the legitimate rights and benefits of the trademark owners. When local enterprises such as Motorola, Coca Cola, Samsung, Tinghsin, Hanoco, Cannon and Yamaha find their products and trademarks counterfeited or infringed by certain enterprises in other Chinese cities, we also actively participated in their problem solving.

As the biggest port customs in North China, the Tianjin Customs House has attached great importance to IPR protection. Under the leadership of the State General Administration of Customs, it has adopted multiple measures to intensify law enforcement against IPR infringements, especially those related to import and export. The results turned out satisfactory. In the first quarter of 2006, Tianjin Customs House has solved eight IPR infringement cases, an increase of 33% over the same period of 2005. Total captured infringement commodities added up to 527,848 pieces(totally valued 1.2446 million yuan, an increase of 155.6% as compared with those captured during the same period of last year), ranging from dry batteries, sports wears& shoes to axletrees, and involving 24 trademarks such as NIKE, KG, NSK, National and TAM and one patent.

Ever since being authorized to hear IPR-related lawsuits of the Tianjin New Coastal District (Binhai New Area) since 2001, the TEDA Court has handled a great number of cases concerning copyright dispute, technology transfer, trademark infringement and unfair competition. It has played a helpful role in fighting against IPR infringement and ensuring the legitimate rights and benefits of the patent owners.

V.Liaison Information of Related Government Departments:

TEDA Intellectual Property Office

Liaison Person: Yu Zili

Tel: 022-25202170

E-mail: yuzl@teda.gov.cn

TEDA Branch of Tianjin Industry and Commerce Administrative Bureau

Liaison Person: Huang Lisheng

Tel: 022-25202680

E-mail: huangls@teda.net

TEDA Social Development Bureau

Liaison Person: Luo Yan

Tel: 022-25202309

E-mail: luoy@teda.gov.cn

TEDA Customs House

Liaison Person: Yu Fei

Tel: 022-65206141

E-mail: yufei@customs.gov.cn

TEDA People's Court

Liaison Person: Shi Xinrun

Tel: 022-25323356

E-mail: tedafy0029@126.com

Translated by

Department of Translation and Interpretation of the TEDA Administrative Commission