An Export Shoe Enterprise In Taizhou Is Suspected Of Being Infringed And Punished By Customs.
In November 29th, Lee, the head of a shoe factory in Taizhou, received Ningbo.
Customs
The decision on administrative penalty shall be carried out by a batch of customs declarations.
Nike
"PUMA" and other trademark PVC shoes were seized by Ningbo customs. The shoes were identified as infringing intellectual property rights.
The customs decided to confiscate all the shoes suspected of infringement and impose a fine of more than thirty thousand yuan, and the management level of the enterprise at customs was also reduced from Class A to class B.
For the punishment of customs, Li is unable to understand.
Lee believes that he is only in accordance with the requirements of orders for production, the products are not owned by themselves. Why should the customs punish themselves instead of ordering foreign merchants?
Mei Dongsheng, inspector general of Taizhou customs, said that the consignee or agent of import and export goods is the main body of the legal relationship with the customs directly, and the foreign merchant who orders the production is not directly related to the customs. Therefore, when the export goods are suspected of infringing intellectual property rights, the customs can only punish the consignor or agent of the exported goods.
Therefore, Lee's shoe factory as the export shippers suspected of infringing intellectual property shoes, was punished by the customs.
Because there are a large number of small and medium-sized processing enterprises in Taizhou, the Taizhou customs office reminds the heads of enterprises to receive foreign trade.
Order
We must pay attention to examining the provisions of the order concerning trademarks, designs and other special symbols. When encountering the orders for OEM production, we should take the initiative to require foreign businessmen to provide certificates of rights or authorization documents related to trademarks. For enterprises unable to determine their own authorization legally, they should take the initiative to ask customs and other government departments to avoid being punished by the customs once again for alleged infringement of intellectual property rights.
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