Implementing "Four Checks And One Filing" Inspection And Supervision Mode For Garment Export Trade

quality

The level of management is also different. The situation of enterprises is becoming more and more complex. The challenges of export garment inspection are increasing. Infringing acts in clothing import and export trade occur frequently, especially those related to intellectual property related fraud.

Not long ago, a local police in Jiangsu seized a large case of counterfeit brand clothing online. According to the report, there were 97 brands, 35 major categories and 19376 international famous brands. The goods were calculated on the basis of the discount price listed online, the value of the goods was more than 50 million yuan, and the brand involved Armani, Versace, Prada, GUCCI, Burberry and other international brands. The principal was sentenced to 5 years' imprisonment and the penalty was 5 million yuan.

The highest amount of intellectual property infringement case in Jiangsu has brought us many warnings.

Infringement of clothing intellectual property rights

The infringement of intellectual property rights of import and export clothing is mainly reflected in registered trademarks, certification marks, icons and patents.

To be specific, the following are the following aspects:

Counterfeit registered trademarks will have trademarks on almost every export garment unless some semi-finished products are sold.

Trademark not only represents the origin of clothing, but sometimes represents the taste of clothing, and even the trademark is equivalent to the value of clothing.

When buying clothes, most people always look at what brand the clothing is. The same clothes, because of the different brands, have a big difference in price. This is what people often call the brand effect.

A miscellaneous brand of jeans can only cost 10 dollars, while a brand name will cost more than 100 dollars. The price difference will attract some illegal businessmen who get illegal income by counterfeiting famous brand names.

Most garment export enterprises are licensed to produce products, which are supplied by customers with styles and trademarks. Enterprises are only responsible for processing, rarely understand the infringement of trademarks provided by customers, what customers need to produce, and what enterprises produce. This provides space for some illegal customers to infringing trademark infringement, and counterfeit others' registered trademarks for export of clothing, resulting in intellectual property fraud.

Counterfeit certification marks are often hung on the packaging of export garments with various kinds of tag, some indicating the quality of clothing, some indicating the specifications of clothing, some indicating the price of clothing, and hanging with various certification marks.

The certification mark indicates that the clothing has passed certain certification.

For example, some are green clothing, some are environmentally friendly clothing, some have certain performance, or the clothing has certain quality and so on.

Different countries and regions have different signs. For example, Germany has blue angel signs, Canada has maple leaf signs, Nordic Swan logo, and some international economic and trade organizations also have some signs, such as wool logo, leather logo, silk logo.

Consumers will recognize the logo when buying clothes. It can be said that hanging the certification mark means that the garment has a certain grade and the price will also show.

Clothing exporting enterprises are always packaged according to the requirements of customers. Hanging labels do not ask the origin. This provides opportunities for illegal traders. Some illegal businessmen often obtain illegal income through counterfeit certification marks.

The fraud of counterfeit certification marks should be strictly prohibited.

The use of icons for special icons is a special sign for some international organizations or organizations. People will naturally think of the organization when they see the icon.

For example, the five ring icon, people will associate with the International Olympic Committee and the Olympic movement when they see it; when they see the letter "UN", they will think of the United Nations, and the letter "NBA" will associate with the American Professional Basketball League, etc. These icons have been widely known after years of use by these organizations, and they also contain great commercial value. A sports T-shirt printed with the Olympic five ring logo is often better to sell, and at the same time, it can also sell a good price.

These special icons printed, embroidered or woven on clothing must be authorized by the actual owners of the icon, and also have to pay a certain amount of authorization fees. Some illegal traders can greatly reduce costs and gain huge profits by illegally using them, and they also disrupt the normal market order and make the real consumers suffer losses.

Copyright infringement, in accordance with international conventions and domestic laws, provides adequate and effective protection for the rights of writers, writers and other copyright owners in literature, science and art, including writing, music, drama and film works, as well as painting, sculpture and sculpture.

Unauthorized use of some works without permission from the author infringes copyright on clothing, such as unauthorized Mickey Mouse and Donald Duck designs on the shirt, embroiders Batman or Spiderman pattern on jeans, designs the zipper head into the shape of the ugly fish in the bottom of the sea, and prints the "Beijing seal" pattern of the 2008 Olympic Games on the sweater, all of which constitute infringement. Illegal traders gain illegal benefits through these methods and deceive the real consumers at the same time.

Some of the fabrics, accessories and accessories that infringe on the patent clothing are patented.

For example, there are pendants in some ski suits and down garments, whose main function is that the wearers can send out signals for help while missing, children's clothing is also used, and other fabrics and accessories with special functions are also patented. These things are not used by the patrents to agree and authorize them, which constitute a violation of the patent rights, and at the same time, they also form a fraud against consumers.

Although there are not many such problems encountered in practical work, such violations can not be ignored.

Intellectual property rights for trade clothes are locked

The thirty-fifth article of the commodity inspection law and the fifty-second regulations on the implementation of the commodity inspection law clearly stipulate clear legal provisions for the real behavior.

It is our duty to protect a good environment for import and export trade and maintain the dignity of the law.

How to combine the practice of inspection and quarantine, give play to the role of guards and conscientiously implement the spirit of the notice of the general office of the State Council on issuing a special action plan to combat intellectual property infringement and counterfeit and shoddy products (No. 2010] 50), and further intensify the fight against intellectual property rights and the "doubles" work of manufacturing and selling fake and shoddy products in the field of production.

We believe that: first, we must fully understand the importance of combating intellectual property infringement; two, we should continuously strengthen knowledge training and enhance the ability to identify; three, we must strictly enforce the law, intensify the crackdown and enhance the majesty of law enforcement.

In the light of the practice of inspection and quarantine, we should carry out the inspection and supervision mode of "four checks and one record" and supervise the violation of intellectual property rights of export garments.

Check the export contract of the export garment contract to find out the export mode of the product, whether it is self export or foreign trade processing, whether it is exported by independent brand or OEM, whether it is produced or processed by customers, is it direct export or re export trade, it fully understands the contents of the entry and exit contracts of the garments, and strengthens effective supervision for the situation.

Two check the export garment list to check the export garment list.

Through careful investigation, we can know the main and secondary labels of the garments, see whether they are woven or printed, and see if they are embroidered and printed. If we know whether the patterns of embroidery and printing are infringed, it is possible to inquire whether the main and vice labels of the garments are infringed.

Three look up "product identification production" to check the identification production of export clothing.

To know whether the logo of the garment is provided by the guests or processed according to the guests' drawings.

To see whether the logo is produced by the manufacturer designated by the guest, or is the production organization produced by the export garment manufacturer itself, so as to fully grasp the source of the logo.

Four check the "product production authorization" to check the production authorization of export garments.

It is requested that the inspection company provide the production authorization of the garments, check whether the export garments are authorized by the guests, the scope of the authorization, and the number of authorized ones.

If it is through the customer inspection factory to provide proof of factory inspection.

"One record" is a record of authorization for export garments produced by enterprises.

By mastering the situation of the use of the logo, whether it meets the authorization standard, at the same time, strengthen the management of the enterprise's use of identification files, and improve the effectiveness of inspection and supervision.

It is our duty to protect the intellectual property rights of trade clothing and combat counterfeit and shoddy products.

The inspection and quarantine organs must come to the gateway to establish a long-term mechanism for combating intellectual property violations and create a good environment for trade clothing.