China Customs Protects Intellectual Property Rights For Trade

In 2015, the types of intellectual property infringed by customs suspected infringing goods included trademark exclusive rights, patent rights, copyright and copyright related rights, among which more than 6800 goods were infringed on trademark rights, accounting for 98% of the total volume of suspected infringing goods.

In 2015, the General Administration of Customs thoroughly studied and implemented the spirit of the eighteen third, fourth and fifth plenary session of the party's Central Committee and the important speech of general secretary Xi Jinping. According to the arrangement of the 2015 National Customs Commissioner meeting, it closely linked to the national innovation driven development strategy, and actively participated in the construction of intellectual property rights, giving full play to the functions of customs entry and exit intellectual property rights protection, cracking down on the infringement and counterfeiting activities in the import and export field, and strives to maintain a fair and orderly trading environment, and achieved remarkable results.

2016 is the beginning of the thirteenth five year plan for China's national economic and social development. It is also the year when the "Qingfeng" action has expanded.

The national customs will conscientiously implement the spirit of the eighteenth Fifth Plenary Session of the CPC Central Committee and the central economic work conference, further enhance the steadfastness and initiative in combating infringement and counterfeiting work, closely establish the reform thinking of the supply side, closely around the implementation of the national innovation driven development strategy and the powerful strategy of intellectual property rights, give full play to the functions of customs entry and exit intellectual property rights protection, lay stress on creating favorable conditions for market participants to participate in international competition, continue to promote the "Qingfeng" action, further strengthen the infringement and counterfeiting governance in the Internet field, and special law enforcement in postal and express mail channels.

We will pay more attention to the combination of production and construction, pay more attention to governance in accordance with the law, pay more attention to capacity building, pay more attention to social co governance, pay more attention to co-ordination and coordination, continue to crack down on the high pressure of infringement and counterfeiting, safeguard the image of China made overseas, promote the cultivation and development of intellectual property advantage enterprises, and promote the pformation of Chinese manufacturing to China, and the pformation of Chinese products to Chinese brands.

In 2015, the Chinese customs seized the suspected infringing goods with the following characteristics:

(1) to take the initiative to check the customs according to their functions and powers.

The number of suspected infringing goods seized by the customs in accordance with their functions and powers in 2015 accounted for about 99% of the total number of detained batches in the year, involving more than 4500 pieces of goods, accounting for 65% of the total amount of goods seized, and the Customs seized 68 batches of suspected infringing goods, but involving more goods, totaling more than 2400 pieces, accounting for 35% of the total amount of goods seized.

(two) the infringing goods seized in the import sector continued to grow.

The number of infringing goods seized by the customs during the import links has been increasing for many years. In 2015, a total of 753 batches of suspected infringing goods were seized in the import sector, representing an increase of about 10% compared with 2014. The locations mainly concentrated in ports such as Qingdao, Shenzhen, Kunming and Nanning.

At the same time, the 22 thousand batches of suspected infringing goods seized by the customs in the export sector in 2015 accounted for 96.76% of the total number of seized batches, down 2.64% from 2014, involving 69 million 440 thousand pieces, accounting for 99.53% of the total volume of suspected infringing goods, down 24.13% from 2014.

The goods suspected of infringement by the customs in the export section showed a downward trend overall.

(three) the number of goods infringed on independent intellectual property rights has increased significantly.

In 2015, the customs continued to strengthen the protection of domestic enterprises' independent intellectual property rights, service and support enterprises to "go out".

A total of 1939 batches of goods suspected of infringement of intellectual property rights were seized throughout the year, with a value of more than 5590 yuan, representing an increase of 130.29% and 571.41% respectively, representing a marked increase.

(four) goods infringing on exclusive rights of trademarks are the main products.

In 2015, the types of intellectual property infringed by customs suspected infringing goods included trademark exclusive rights, patent rights, copyright and copyright related rights, among which more than 6800 goods were infringed on trademark rights, accounting for 98% of the total volume of suspected infringing goods.

(five) consumer infringing goods are the main products.

In 2015, the suspected infringing goods seized by customs were mainly cosmetic care products, tobacco products, mechanical and electrical products, hardware machinery, clothing, footwear and so on.

Compared with 2014, the categories of suspected goods such as cosmetic care, jewelry, medical equipment, watches and so on increased significantly; food and beverage, light industrial products, storage medium, other electromechanical products and other categories of suspected infringing goods showed a downward trend.

(six) the mail and shipping channels have different characteristics to check the infringing goods.

The postal channels seized the characteristics of the infringing goods in batches and quantities, and seized nearly 20 thousand batches of suspected infringing goods, accounting for 84% of the total number of seized batches, representing an increase of 2.7% over the same period last year.

The maritime pportation channels seized the characteristics of the infringing goods with fewer batches and more quantity. Although the seized batches only accounted for less than 8% of the total number of seized batches, nearly 68 million pieces of goods suspected of infringement were involved, accounting for 97.6% of the total amount of suspected infringing goods.

(seven) the destination country (territory) of infringing goods is widely distributed.

The countries and territories of the goods suspected of infringement by the customs have been involved in 141 countries and regions.

On the basis of the batch of suspected infringing goods, the top ten countries are the United States, Brazil, Spain, Italy, France, South Korea, the United Kingdom, Belgium, Russian Federation and Hongkong, China. The number of goods in the top ten countries is Iran, Spain, Pakistan, Belgium, Australia, Indonesia, Russian Federation, Nigeria, the United Arab Emirates and Egypt.

The main measures for the protection of intellectual property rights of the customs in two and 2015

(1) carry out "Qingfeng" action to safeguard the "made in China" overseas image.

In accordance with the unified deployment of the State Council's leading group on combating intellectual property infringement and counterfeiting and selling fake commodities, the Customs General Administration has organized the national customs to carry out the "Qingfeng" action, which is made in China to maintain its overseas image.

The General Administration of Customs has formulated the "Qingfeng" action plan, and 42 leading customs offices in the country have set up the "Qingfeng" action leading group; strengthened the unified command and linkage of the General Administration, concentrated law enforcement resources and law enforcement forces, and vigorously investigated and dealt with infringing violations; carried out customs regional law enforcement cooperation in the Pearl River Delta, Yangtze River Delta, Beijing, Tianjin, Hebei, and other regions to build a three-dimensional attack and infringement and counterfeiting network; carried out intelligence analysis and risk assessment for key ports and key routes to Africa and Arabia, implemented precise strikes; strengthened assistance to the National Customs Law enforcement capacity building in Africa and Arabia, and enhanced the effectiveness of cooperative strike.

According to statistics, the Customs seized 6182 batches of infringing goods in Africa, Latin America and Arabia all year round, involving 38 million 810 thousand pieces of infringing goods, and effectively maintained the "made in China" overseas image.

During the "Qingfeng" operation, customs officers actively applied intelligent control and control methods to collect a number of typical cases. For example, Shanghai Customs seized two "3M" trademark masks from Nigeria for nearly 150 thousand times through the risk analysis, and promptly informed the public security organs to assist in the destruction of pnational counterfeiting and selling groups involving tens of millions of goods. Ningbo customs analyzed and seized 84029 rubber triangles from Ningbo customs through the customs declaration information, and the Hangzhou Customs Department was assigned to Wenzhou customs according to intelligence clues to carry out accurate analysis and control, and continuously seized 46400 pairs of sports shoes, such as Nigeria, Mozambique and other countries, which were suspected of infringing famous sports brand SUPER.

(two) to deal with the new trend of tort law and carry out special treatment in key areas.

The customs conscientiously implemented the State Council's opinions on strengthening the administration of infringement and counterfeiting in the Internet field, aiming at promoting the healthy development of new forms such as cross-border e-commerce and so on. It continued to promote the special treatment of infringement and counterfeiting in the Internet field. In view of the characteristics of cross border E-commerce pactions mainly delivered by express mail channels, the focus of the import and export express mail is to be improved.

A total of over 2 batches of suspected infringing goods were sent through postal and express channels throughout the year, accounting for about 86% of the total batches, effectively curbing the frequent occurrence of "ant moving" infringement and counterfeiting activities.

In addition, the customs and Excise Department continues to list the counterfeit foods, medicines, cosmetics, automobile and motorcycle accessories which are harmful to consumers' health and safety.

For example, the Gongbei Customs seized more than 2 thousand pieces of chocolate that infringed the "FERRERO ROCHER stereoscopic trademark"; the Guangzhou Customs seized 62328 cosmetics worth more than 60 yuan, which infringed "POND" S "U Unilever" and other trademark exclusive rights; Dalian customs investigated 5628 pieces of auto parts worth more than 40 yuan and CHERY logo.

(three) promoting information disclosure and improving law enforcement pparency.

The customs implements the information requirements of the State Council regarding the public cases of infringement and counterfeiting, and according to the implementation measures of the customs to publicise the information on the administrative penalty cases of infringing intellectual property goods in accordance with the law (for Trial Implementation), publicized information on intellectual property administrative penalty cases on the customs Internet portal and the "credit China" government website, increasing the exposure of infringement and counterfeiting, and effectively deterring infringers.

According to statistics, in 2015, there were more than 1000 pieces of information on the administrative penalty cases of intellectual property rights promulgated by the customs, and the pparency of law enforcement was significantly improved.

At the same time, the customs, in line with the principle of "law-abiding convenience and illegal punishment", will link the administrative penalties of intellectual property rights with the management of enterprise credit, and reduce the credit rating and increase the cost of customs clearance in accordance with the law.

The Shanghai customs has incorporated the intellectual property rights violations into the evaluation criteria of the FTA convenience measures, and adopted the one vote veto system of intellectual property rights to cultivate enterprises' awareness of law-abiding.

(four) reduce the cost of safeguarding rights and enhance service level.

In order to reduce the burden of enterprises' rights protection, guide and encourage enterprises to apply for record protection actively, since November 1, 2015, the General Administration of Customs has suspended the registration fee for customs protection of intellectual property rights (800 yuan / piece).

The implementation of the policy has received good results. In the short term, the average daily filing application increased by about 100% compared with the cancellation fee.

According to statistics, in 2015, more than 7500 applications were filed by the customs online, and more than 5600 items were examined and approved, including 2878 authorized domestic rights holders, accounting for about 50% of the total.

In addition, the customs also set up a corresponding liaison mechanism to provide personalized legal guidance services to enterprises, effectively helping enterprises solve difficult problems.

For example, the Gongbei customs relies on the "Zhuhai Intellectual Property Forum" sponsored by the Zhuhai Intellectual Property Office, and conducts special training on Customs Protection of intellectual property rights for more than 40 member units of Zhuhai intellectual property protection association and key independent intellectual property enterprises in the customs area.

Kunming Customs was signed by the customs and Excise Department to sign a memorandum of cooperation with HUAWEI and jointly attacked HUAWEI mobile phones illegally exported to overseas. It effectively maintained the brand image and market share of HUAWEI outside.

(five) strengthen law enforcement cooperation and form comprehensive governance.

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The customs actively participates in the construction of nationwide anti infringement and counterfeiting platform, strengthens inter departmental law enforcement cooperation, strengthens cooperation with local governments at all levels, actively provides information and statistical data on infringement and counterfeiting of import and export links, establishes case consultation and Law Enforcement Coordination Mechanism with relevant departments, and strengthens tracing, tracing, territorial management and joint action of infringing and counterfeiting commodities, and establishes a joint defense linkage pattern of departmental linkage, combination of construction and internal and external coordination, so as to provide strong support for "searching for sources, clearing markets and ending dens".

The Fuzhou customs and the local courts and other intellectual property authorities signed a number of opinions on the establishment of the "big mediation" linkage mechanism of intellectual property disputes.

The customs further implements the "two ways convergence", and carries out law enforcement cooperation with relevant departments in the investigation of specific cases, especially in conjunction with public security organs to dig deep into the source, fight the network, break channels, and destroy the chain. It has been pferred to public security organs for 193 times.

The Shenzhen customs and Shenzhen Public Security Bureau jointly studied and amended the memorandum of cooperation to speed up the exchange of information and win the initiative in case investigation.

In 2015, 55 major cases were notified to the public security organs for major cases, and 19 cases were received by public security organs.

The General Administration of customs and the State Intellectual Property Office have continuously explored the establishment of a patent protection cooperation mode with the help of both law enforcement resources and law enforcement efforts to improve the cooperation mechanism for patent protection in the import and export links.

At present, the Qingdao customs under the Huangdao customs and the Qingdao Intellectual Property Office has carried out the pilot work of the patent protection cooperation mechanism.

(six) cooperate with the obligee to enhance the level of law enforcement cooperation.

In 2015, the Chinese customs continued to strengthen cooperation with intellectual property rights holders in various ways.

They are mainly concentrated on the following aspects:

Inviting the right to organize the identification and risk trend training for the customs officers, effectively enhance the level of the customs officers' investigation of infringing goods, and assist the customs to grasp the latest trend of tort risk so as to improve the accuracy of the control.

At the same time, through in-depth exchanges, we have enhanced the understanding of the difficulties and needs of customs law enforcement, enhanced the awareness of enterprises to cooperate with customs law enforcement, and played a positive role in promoting the effectiveness of customs law enforcement.

The customs should give full play to the advantages of information channels and encourage enterprises to collect information on import and export of infringing goods.

According to the information reported by enterprises, customs offices seized many major cases of infringement, such as the Nanjing customs through the right person Anhui conch Refco Group Ltd report information, seized one company's maritime pportation channel export violated the "CONCH" trademark right cement 15000 tons, the value of goods involved was worth 4 million 750 thousand yuan.

The Hangzhou customs and the Ningbo Customs jointly carry out the investigation and control work of reporting clues with the rights holders, clearly define the standards and procedures for violating the reporting and handling of intellectual property rights goods, and strengthen the two customs violations of intellectual property goods reporting and law enforcement cooperation.

The customs regularly reminds the intellectual property rights holders to update and improve the list of legitimate users of the "customs protection system for intellectual property rights", so as to reduce the situation of the goods being misled by the customs, and to negotiate with the obligor who is lazy to update the information and to mislead the legitimate commodities, and to restrict the abuse of the rights of the parties.

(seven) strengthen the right

Protection of property rights supports enterprises' "going global".

In 2015, the national customs further strengthened the protection of independent intellectual property rights in accordance with the requirements of the General Administration of customs.

The specific measures are as follows:

First, we must continue to crack down on infringement.

In 2015, China Customs seized 1939 batches of imported and exported goods suspected of violating independent intellectual property rights, valued at over 5590 yuan.

For example, the Tianjin Customs seized 700 cases of diesel engine parts violating the trademark rights of "Weichai"; Ningbo Customs seized 4068 cases of air pumps violating the "COIDO" trademark; Nanning Customs seized the "MI" trademark mobile power source and the infringing "OPPO" trademark rights headphones in the export section.

The two is to guide enterprises to operate legally and safeguard their rights.

The General Administration of customs is exploring the establishment of a mechanism for customs to help enterprises quickly identify the intellectual property rights of foreign orders, and encourage and guide enterprises to carry out export processing business legally.

Customs organizations around the country carry out intellectual property law propaganda and training activities for foreign trade enterprises, processing trade enterprises, postal and express pport enterprises and customs declaration enterprises, helping enterprises improve their awareness and ability to safeguard their rights.

For example, the customs in the Yangtze River Delta and the Pearl River Delta region pilot the implementation of the intellectual property protection customs protection system, and actively promote the "export brand order preconfirmation service" to prevent enterprises from passive infringement.

The three is to strengthen cooperation with industry associations and enterprises.

While strengthening law enforcement, the customs also pays attention to the trade union organizations in related fields to carry out the source governance of torts, and guide and regulate the healthy development of enterprises in the industry.

For example, the General Administration of Customs has strengthened its cooperation with China's strategic alliance against infringement and counterfeiting, and actively listened to the suggestions and demands of member enterprises in safeguarding their rights. The customs of Guangzhou and Whampoa held talks with the "rights" of the "Chrysanthemum", listened to the views of enterprises, and studied further strengthening the cooperation measures between customs and rights holders in the protection of intellectual property rights under the current new situation, and signed a protection agreement between Longkou customs and Yantai Twin Towers fans import and Export Co., Weihai customs and Shandong Weida machinery joint stock company.

(eight) deepen cross-border cooperation and safeguard international trade security.

Tortious trade is a global problem. Combating cross-border trade in infringing goods requires close cooperation between law enforcement agencies in various countries and regions.

China Customs carried out international cooperation in the following aspects in 2015.

In accordance with the EU customs action plan on intellectual property rights from 2014 to 2017, the risk information exchange was carried out. During the seventh round of the Sino US strategic and economic dialogue, the Chinese customs signed the Sino US Maritime Intellectual Property Cooperation document with the Department of immigration and customs enforcement of the Department of Homeland Security of the United States, enhanced the level of cross-border trade infringement, held fifth working groups with the Russian customs, formulated 2015 to 2016 key work plans, carried out personnel training and law enforcement exchanges with the French customs, conducted research on intellectual property rights protection law enforcement in Latin America, studied the next key work of the "Qingfeng" action, and promoted customs law enforcement cooperation between China, Japan and Korea; and actively publicize the efforts and achievements of the Chinese customs in cracking down on infringement in multilateral international cooperation occasions such as the world customs organization, APEC and the Shanghai cooperation organization, etc. in the seventh round of the Sino US strategic and economic dialogue. The General Administration of Customs continues

At the end of 2015, the Shanghai customs participated in the joint law enforcement actions undertaken by the World Customs Organization on behalf of China Customs, and seized 150 thousand pieces of infringing goods during the period.

By actively participating in international law enforcement cooperation, the Chinese government will show its determination to protect intellectual property rights.

Customs Guangdong branch continues to promote the improvement of Guangdong, Hong Kong and Macao Customs intellectual property protection cooperation mechanism, and further deepen cross regional law enforcement cooperation.

First, standardize the work of special liaison officers and actively fulfill their liaison duties; two, steadily promote information bulletin, insist on carrying out monthly notification and timely notification system of major cases in Guangdong, Hong Kong and Macau cross border infringement cases; and three, timely joint law enforcement actions with Hongkong and Macao customs.

At the end of 2015, according to the information provided by Hongkong customs, the customs Guangdong branch and Guangzhou customs office successfully seized nearly 60 thousand pieces of infringing cosmetics exported to Nansha port in Guangzhou.

This is the largest joint infringement case in recent years by the Guangdong port customs point to point intelligence cooperation.

(nine) increase social publicity and enhance public awareness of the law.

In 2015, the Chinese customs continued to intensify its crackdown and enhance its deterrent power. At the same time, it paid attention to enhancing the awareness of intellectual property protection in the whole society through publicity and education, and guiding the import and export enterprises to establish the concept of "law-abiding convenience".

Carry out continuous propaganda.

In 2015, the General Administration of customs and local customs used the "4.26" intellectual property publicity week, "8.8" Legal Publicity Day and the "12.4" constitution day to focus on various forms of intellectual property protection and publicity.

Publicity activities such as "good faith and business promotion month", "law popularization border line" and "Customs opening day" have achieved good social effects. The customs directly under the customs, in conjunction with the characteristics of the customs area, provide "tailored" legal services to enterprises in the form of policy preaching, law enforcement, liaison and law enforcement liaison officers, so as to improve pertinence and effectiveness; customs organizations such as Tianjin, Dalian, Fuzhou, Xiamen, Lhasa and Urumqi openly destroy the infringing goods and publicize the harm of infringement and counterfeiting to the public; Shanghai, Nanjing, Hangzhou, Xiamen, Xiamen, Xiamen, and so on have carried out the case through the news media, saying that education enterprises abide by the law and respect intellectual property rights.

We should strengthen daily publicity.

More than 40 WeChat public numbers, such as "Sui Guan Xiao Qing", "Fu Guan E", "Qian Tang Guan" and "Yu Guan Lu Dun", have published related contents of intellectual property rights customs protection. They continue to pass customs 12360 service platform to popularize customs intellectual property protection knowledge, answer hot spot problems and accept the opinions and suggestions from all sectors of society; publicize the Customs Protection of intellectual property rights by shooting videos and other forms; the Beijing customs has made an intellectual property protection publicity thematic film, showing the achievements of Beijing customs intellectual property protection work in recent years, and Nanjing customs photographed the micro film of "intellectual property protection, Hai Guan action", vividly narrated the story of Customs helping enterprises solve difficulties through door-to-door propaganda, risk control and other methods. The Customs attaches importance to the use of various media in daily law enforcement to carry out publicity and education on intellectual property rights protection, including: with the help of Customs Administration micro-blog and WeChat platform, publicizing intellectual property rights customs protection laws and policies, law enforcement dynamics and typical cases, such as

Rely on base propaganda.

We should make full use of the "exhibition hall of Customs Intellectual Property Protection" built in Yiwu, Zhejiang, publicize and popularize policies and regulations on Customs Protection of intellectual property rights, enhance public understanding of customs and promote the promotion of the awareness of intellectual property protection in the whole society.

Over the past year, more than 120 visitors from government organizations, businesses, representatives of the right people, news media and so on have been received by more than 6000 people.

In 2015, remarkable achievements were made in the protection of intellectual property rights in China's customs, which was fully affirmed by all parties.

In September 2015, Interpol awarded China Customs "international intellectual property crime investigation Cooperation Award" to honor the excellent performance of Chinese customs in combating infringement and counterfeiting.