Comprehensive Implementation Of Intellectual Property Protection In The Field Of Import And Export Trade

The Shanghai customs supervision and service center in World Expo Park, Shanghai, carries out on-site supervision and inspection of a number of artworks imported from World Expo Mexico National Pavilion. The exhibits will be sculptured by Mexico's famous contemporary artist Frida, and the exhibits will be finished in the near future.

In recent years, with the rapid development of international trade, the number of goods infringing on intellectual property rights in other countries is increasing. Customs, as the state's entry and exit supervision and management authority, effectively curb international spanportation of infringing goods through border enforcement. Last year, the intellectual property protection work of the customs office handed over a satisfactory answer again. Recently, the General Administration of Customs held a press conference in Beijing to introduce the situation of intellectual property protection of Customs in 2009, and released the top ten cases of Customs Protection of intellectual property in 2009.

Heavy punches produce fruitful results.

According to statistics, in 2009, the national customs actively seized 66 thousand infringing goods in accordance with their functions and powers, and 280 million pieces of infringing goods were seized, and the value of goods was 430 million yuan.

Many people will feel strange when it comes to customs protection of intellectual property rights. In fact, with the rapid development of international trade, customs play an increasingly prominent role in IPR protection of inbound and outbound goods. Customs intellectual property protection, also known as intellectual property border measures, refers to the customs's protection of the right to exclusive use of trademarks, copyright and copyright related rights and patents, which are related to import and export goods and are protected by laws and administrative regulations of the People's Republic of China.

"Hai Hai began to protect intellectual property rights in September 1994. Customs has always attached importance to the protection of intellectual property rights in the field of import and export trade. Last year, the national customs actively implemented intellectual property law enforcement activities while optimizing supervision and services, and played a very positive role in curbing global infringement trade. Customs spokesman Zhao Fudi said.

According to statistics, in 2009, the national customs actively seized 66 thousand infringing goods in accordance with their functions and powers, and 280 million pieces of infringing goods were seized, and the value of goods was 430 million yuan.

"Judging from the recent seizure of infringing goods by the customs, the export commodities still occupy the overwhelming majority. The quantity and value of commodities account for 99.9% and 99% of the total infringing commodities respectively. Zhao Fudi said. He pointed out that the goods seized by the customs last year were mainly infringing on the exclusive rights of trademarks. The quantity and value of the goods accounted for 99% and 94% of the total infringing goods respectively. The proportion of the goods in the infringing goods was larger than that of the express mail, but the number of the Maritime goods remained the top. The ports for the infringing goods were mainly concentrated in Shanghai, Guangzhou, Shenzhen, Hangzhou, Beijing and Harbin. The 6 batches of goods seized by the customs accounted for 94% of the national customs.

Actively implementing law enforcement in the export sector is a major feature of last year's customs protection of intellectual property rights. Under the agreement on trade related aspects of intellectual property rights (TRIPS), contracting parties have no obligation to implement intellectual property rights in the export sector. However, in order to safeguard fair competition in the international trade order and the health and safety of the global consumers, the Chinese government has authorized the customs to implement intellectual property protection in the import and export links through legislation. Meng Yang, director of the policy and regulation department of the General Administration of customs, said: "the initiative to implement intellectual property protection in the export sector is not only a need for China's own economic development, but also a great contribution to the global intellectual property protection undertaking beyond the international obligations it should undertake."

In addition to taking the initiative to attack intellectual property rights in the import and export links, from June 1st to December 31st last year, the customs offices at various ports also launched the "special action for the protection of intellectual property rights by mail and express channels" according to the requirements of the General Administration of customs. Cai Bin, director of the customs and Regulations Department of Beijing, said that Beijing Customs seized the export counterfeit brand electronic products case in the postal channel last year, and maintained the normal order of trade import and export. In 2009, the Customs seized more than 60 thousand batches of suspected infringing goods in mail and express channels, an increase of more than 6 times compared with 2008.

Escort the independent brand

In 2009, the national customs seized 565 batches of goods that violated the intellectual property rights of domestic enterprises, and seized about 20000000 pieces of infringing goods, with a value of nearly 49 million yuan.

"Diamond" axe, "golden cup" brand galvanized iron wire, Anta sports shoes and HUAWEI wireless network card... A number of counterfeit products exported from famous domestic brands are now in the original form under effective customs inspection. Customs offices give full play to their own management functions and constantly increase their protection of their own intellectual property rights. In 2009, the national customs seized 565 batches of goods that violated the intellectual property rights of domestic enterprises, and seized about 20000000 pieces of infringing goods, with a value of nearly 49 million yuan.

In the investigation of counterfeit goods, the Tianjin customs will combine inspection and risk analysis methods to conduct targeted monitoring of goods, names, purposes, sources of infringing goods, and data of illegal import and export enterprises. By analyzing the cases seized in recent years, the Qingdao customs has focused on the vulnerable brands, the source area of the infringing goods, the suspected processing enterprises, the import and export enterprises and the key airlines, and issued the risk warning information.

In order to enhance the law enforcement capability of customs officers in the Customs Department, the Customs has invited intellectual property rights holders over 60 times to conduct training to identify the infringing goods at the scene of the customs. The Shanghai customs uses the internal network platform to collect training information and risk information hints of the rights holders, and carries out the training of intellectual property law enforcement based on the network platform, so that more on-site law enforcement officers can view the training materials conveniently and autonomously. In addition to inviting enterprises to come in, Ningbo customs is actively going out, organizing the investigation of the business backbone, moving the classroom of intellectual property customs protection into the enterprise, and effectively solving practical problems for enterprises.

It is necessary for the customs to initiate the active protection procedure. The more the number of patents filed by the company, the greater the possibility that the customs will seize the infringing goods. In view of the fact that some enterprises did not record in the customs, the customs actively carried out publicity activities. Not long ago, the Suzhou customs held a seminar on the policy of Customs Protection of intellectual property rights. Yin Xiaoxia, manager of Tai Yi Kai electric appliances (Suzhou) Co., Ltd. said, "before the company only engaged in OEM manufacturing, it began exporting products with its own brand in February this year. The propaganda of the customs is really a timely rain. We are already preparing materials to apply for customs protection of intellectual property as soon as possible. "

"Only by enhancing the awareness of legal rights protection, maintaining good communication and exchanges with customs, and conducting extensive enforcement cooperation in intellectual property rights, can enterprises fully benefit from the protection of Customs intellectual property rights." The head of Shenzhen customs regulation office said. At present, the Shenzhen customs has chosen a number of independent brand enterprises to provide intellectual property education and training, legal guidance and procedures for them. The customs and Excise Department of Dalian uses legal face-to-face talk, Internet and hotline to provide enterprises with legal advice on intellectual property protection.

At the same time, the customs also strengthened the publicity and education of intellectual property rights for domestic licensed processing enterprises. In the Suzhou Industrial Park, which accounts for 85% of the total value of processing trade, the customs of the park has included the examination of intellectual property rights as an important part of the customs's subsequent verification of enterprises, and prevents enterprises from infringing on intellectual property rights when they engage in the processing trade of processing trade. In order to minimize the loss of intellectual property rights, the Shantou customs shall assist the company in identifying the products of the order according to the application made by the enterprise when the enterprise accepts orders or exports customs clearance.

Special action to improve law enforcement efficiency

During the preparatory process of World Expo, Shanghai, the Customs has been actively carrying out the protection of World Expo logo and related intellectual property rights. By the end of last year, a total of 57 World Expo signs were registered at the General Administration of customs.

For this year's customs protection of intellectual property rights, Meng Yang admits that the difficulty is not small. She said: "the failure of the obligee to fulfill her legal obligations has affected the effectiveness of customs law enforcement. If the obligee fails to change and maintain the record information in time, he will not apply for deduction and submit the guarantee according to the law. At the same time, the development of e-commerce has made the international trend of infringing activities increasingly obvious. "Online ordering and postal delivery" has become an important mode of infringing commodity spanactions. In addition, the increasing diversity of tort practices has also increased the difficulty of Customs enforcement. "

In order to enhance the restriction on the obligee, improve the efficiency of the Customs Enforcement and safeguard the legitimate rights and interests of the goods import and export enterprises, the newly revised regulations on Customs Protection of intellectual property have increased the mandatory provisions for the right holders to not change or cancel the record, that is, the intellectual property rights holders have not gone through the procedures of change or cancellation according to the regulations, and have seriously affected the legitimate import and export of other persons or the customs performing their regulatory duties according to law. The Customs General Administration can cancel the record according to the application of the interested party, or may voluntarily cancel the record.

In view of the problem of online shopping infringements brought about by the development of e-commerce, on the basis of good results achieved in last year's special action to crack down on postal and express channel infringements, customs will launch special rectification actions such as the use of the Internet and other media to distribute false advertisements and the sale of counterfeit drugs through channels such as delivery and "special action on intellectual property protection in World Expo" this year. These two actions will, to some extent, combat the problem of online shopping infringements brought about by the development of e-commerce.

During the preparatory process of World Expo, Shanghai, the Customs has been actively carrying out the protection of World Expo logo and related intellectual property rights. Meng Yang said that as of the end of last year, a total of 57 World Expo signs were put on record by the General Administration of customs. These records are divided into 4 broad categories: one is the name of the Shanghai World Expo, the slogan, the logo and the name of the bid organization; the two is the mascot of Shanghai World Expo; the three is the Shanghai World Expo volunteer logo, the volunteer slogan, the organizer's main building name; and the four is Shanghai World Expo ticket sign. This has laid a solid foundation for the customs to carry out a series of intellectual property enforcement.

At the beginning of this year, the General Administration of Customs has jointly deployed 8 months' special action on intellectual property protection in World Expo with the State Intellectual Property Office and the Ministry of public security. At present, the Shanghai customs has set up the intellectual property protection group of the Shanghai customs World Expo leading group, and co ordinated the Customs Protection of the intellectual property rights of the Expo. At the same time, the Shanghai customs established a knowledge property rights protection section in Shanghai's World Expo Park supervision service center set up last year to give full play to its role in the first field and provide intellectual property protection and consulting services to exhibitors.

Meng Yang said that in addition to Shanghai, the customs also dug a "moat" around Shanghai. The 7 customs offices in Nanjing, Hangzhou, Ningbo, Hefei, Nanchang, Qingdao and Wuhan will cooperate with each other to form a peripheral security barrier and jointly build the "intellectual property protection circle around Shanghai Expo", so as to contribute to the success of a successful, wonderful and memorable World Expo.