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What Is Customs Intellectual Property Protection?

2009/1/13 15:10:00 41911

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1. What is the customs?

intellectual property right

protect

The above case is

intellectual property right

Customs protection,

intellectual property right

Customs protection refers to the customs's enforcement measures to protect intellectual property rights in the import and export links according to the laws and regulations of the state.

As we all know, customs is just a department to crack down on smuggling and customs duties. Many people do not know that customs actually has the function of protecting intellectual property rights.

Chinese customs is a powerful "protector" in the massive action of state owned brand protection.

Customs

intellectual property right

Border protection is the last door to prevent infringement products from attacking the international market share and damaging the reputation of enterprises.

China promulgated the regulations on Customs Protection of intellectual property rights in July 1995 (hereinafter referred to as the Customs Protection Ordinance) and the customs promulgated subsequently by the People's Republic of China.

intellectual property right

The enforcement measures for protection (hereinafter referred to as the implementation measures) are administrative regulations formulated after the Sino US intellectual property negotiations to fulfill some of China's commitments in intellectual property protection.

(Customs Protection Ordinance and its implementation method were revised in 2003). After many years of practice, these two regulations have played a major role in curbing the international circulation of counterfeit goods.

The second provision states: "the Customs Protection of intellectual property rights mentioned in this Ordinance refers to the protection of the customs's right to exclusive use of trademarks, copyright and copyright related rights and patent rights (hereinafter referred to as intellectual property rights) related to import and export goods and protected by laws and administrative regulations of the People's Republic of China".

The third is: "the State prohibits the import and export of goods infringing intellectual property rights."

With this provision, there will be more channels for administrative protection of intellectual property rights, so infringing products can not enter our country, and infringing products can not be sold abroad through customs. Customs will directly detain them.

Two. Why?

intellectual property right

Customs Protection

According to statistics, the trade volume of intellectual property infringement goods is about 500 billion dollars each year, accounting for 5% to 7% of world trade volume.

The import or export of infringing goods must go through the customs. If the intellectual property rights of the enterprise are recorded in the customs, and the customs discovers that the goods entering and leaving the country are suspected of infringing the intellectual property rights recorded in the customs, the Customs has the right to take the suspected infringing goods voluntarily.

According to China intellectual property report January 31, 2007, "our customs set up a blacklist system for export infringing goods": "from the beginning of this year, our customs will formally put into use the" Customs Protection Enforcement System for intellectual property rights ". According to the information provided by the law enforcement system, we will establish a blacklist system for export infringement, and the customs will increase the inspection rate within a certain period of time for the goods declared to the Customs by the blacklisted companies.

The establishment of the system will realize the information sharing of intellectual property rights cases in the national customs, so as to enhance the crackdown on export infringing goods.

Chinese enterprises should attach importance to the protection of Customs intellectual property rights. Chinese enterprises should use the shield of Customs Protection of intellectual property rights to stop infringement of poisoned arrows.

Many enterprises have tasted sweetness in applying for the Customs Protection of intellectual property. The Guangdong food import and Export Group and the customs Guangdong branch signed a memorandum between the first customs enterprises in the province to protect the famous brand of "Pearl River Bridge".

It is understood that since 1995, the Guangdong food import and Export Group has been filing the customs system. Up to now, more than 30 goods that have infringed the "Zhujiang bridge" have been seized by customs.

The memorandum of understanding signed by both sides is based on previous cooperation, including information exchange, identification of counterfeit goods, case investigation, publicity and training, and so on in the form of normative texts.

三、如何取得海關(guān)行政保護(hù)

intellectual property right

Customs protection is divided into active protection and passive protection. These two modes of protection are quite different. Under normal circumstances, customs has the right to investigate and deal with goods suspected of infringing intellectual property rights registered in the General Administration of customs. The Customs has no right to investigate and handle the goods suspected of infringing on intellectual property rights that have not been filed. It can only be withheld by the application of the obligee, and the customs will release the goods within 20 working days from the date of detention.

From this we can see that the importance of Customs Protection for intellectual property rights is a prerequisite for the customs to take the initiative to protect the goods and help the customs find and investigate infringing goods.

According to statistics, more than 90% of China's import and export links infringement cases are found by customs and actively investigated and dealt with.

If we want to get the active protection of the customs, we should make a simple filing so that we can protect our intellectual property rights.

As for how to go through the filing procedures, this is a very simple matter. We can directly understand to the customs that some intellectual property agency companies are also engaged in the agency work of this business.

After the intellectual property owner obtains the record after the Customs General Administration has discovered the suspected infringing goods, he may bring it to the Customs at the port of entry and exit.

intellectual property right

The application for protective measures shall be submitted in writing, and the customs shall take relevant measures.

The suspected infringing goods were detained by customs.

intellectual property right

If a competent department or a court decides to infringing the goods, it shall be confiscated by the customs.

If the consignee or consignor knows or should know that his import or export goods infringe upon the trademark rights of others, the customs may impose a fine of less than the value of the imported goods or the FOB value of the exported goods.

The customs considers that the suspect is suspected of being pferred to the relevant authorities for investigation so as to effectively reduce the occurrence of infringing acts. The right holder who has no record in the General Administration of customs can only adopt the passive protection mode to safeguard his rights. If there is any infringement on the import and export of his intellectual property rights, the customs can not take the initiative to take measures to stop the import and export.

Our customs has been established.

intellectual property right

Customs protection filing application system, this system can provide "intellectual property record information inquiry" and "intellectual property filing application" service.

After filing, the 42 customs directly under the country can directly inquire about the record information from the Internet. If the customs discovers that the import and export goods are suspected of infringing the intellectual property rights in the daily law enforcement work, it will immediately notify the relevant rights holders and initiate the customs protection process of intellectual property rights.

That is to say, enterprises only need to invest 800 yuan in filing fees and conduct a filing procedure. 42 customs offices in the country can help enterprises to build a large network of intellectual property rights border protection, and continuously monitor the infringing commodities.

In addition, the General Administration of Customs has launched the "intellectual property online filing and enquiry system". Through this system, the intellectual property rights holders can submit applications online, and they can inquire the record information at any time, providing the intellectual property rights holders with great convenience in filing applications.

Four, we should pay full attention to it.

intellectual property right

Customs Protection

In recent years, the Chinese customs have established and improved the law enforcement mechanism for customs protection of intellectual property rights, and established an intellectual property protection and monitoring system from cargo to baggage delivery channels, from customs declaration, examination to examination, so that infringing products can not be imported or exported.

Since China's accession to the WTO, more and more international trade has been carried out, and customs protection of intellectual property rights is becoming more and more important. However, customs protection of intellectual property has not attracted the attention of Chinese enterprises.

For many people, it is familiar to mention intellectual property rights, but I am afraid that the Customs Protection of intellectual property rights will be rusty.

According to statistics, 20 brands in Ningbo were included in the "list of export brands that were mainly cultivated and developed by Ministry of Commerce in 2005 to 2006". However, only 6 of the 20 export brands handled the intellectual property registration procedures with the General Administration of customs.

There are 705 domestic enterprises with import and export business in Fuzhou customs area in 2004. Only 8 of the intellectual property rights have been filed by the Customs General Administration, accounting for only 1% of the total.

Questionnaires on the protection of intellectual property rights of 100 key domestic enterprises in the customs area were collected, and only 52 were recovered. 65% of the enterprises had independent intellectual property rights, and only 17% thought they knew the Customs Protection of intellectual property rights.

For the notice issued by the Customs for discovering suspected infringing goods, the intellectual property rights holders of foreign countries usually confirm whether they are infringed within the statutory time limit. The customs must investigate and punish the Customs for confirming the infringement. For the effective authorization, the customs confirmation letter will be issued as soon as possible. The form of oral authorization by domestic enterprises is more common, and the enthusiasm for customs coordination is obviously insufficient, and the proportion of non reply within the statutory time limit is much higher.

According to the information released by the general website of the General Administration of customs, there are 7715 effective records as of February 9, 2007, including 4555 trademark rights registration, 267 copyright registration and 2893 patent registration.

Obviously, enterprises in China ignore the important role of Customs Protection for intellectual property rights.

The Huoerguosi customs of Xinjiang has accepted a number of imitation leather shoes and garments declaring exports in the form of small border trade.

According to intelligence, the collection and control of the risk of the export goods were focused on, and the total number of DVD players suspected of counterfeiting "SONY" and other brands was 470, and the "LG" color TV set was 93.

The customs and Excise Department of Huoerguosi immediately contacted the three rights holders of SONY Corporation, Panasonic Industrial Corporation and LG Electronics Co., Ltd., and three rights holders responded positively, immediately applied for intellectual property protection, and the customs authorities detained the above-mentioned infringing goods according to law.

The domestic enterprises' enthusiasm for customs coordination is obviously insufficient, and the proportion of non reply within the statutory time limit is much higher.

In the course of enforcement, the customs will release the goods in accordance with the law when it finds that the goods that have not been registered in the General Administration of customs or that the obligee has given up protection.

The independent intellectual property rights protection of domestic enterprises is not optimistic.

How to strengthen publicity and guidance, enhance the awareness and ability of independent rights protection of domestic enterprises, and promote the healthy and orderly development of China's foreign trade is an important topic facing the customs.

Mou Xinsheng, director general of the customs and Excise Department, said in an interview: "now the customs's intellectual property protection station is at a new starting point, and there are five breakthroughs in the future.

First, we should further strengthen internal training for customs protection of intellectual property rights.

At the same time, we should expand guidance and publicity to domestic import and export enterprises, so as to enable enterprises to enhance their awareness of intellectual property protection.