How does customs implement intellectual property protection
Protect intellectual property rights through the "Regulations on the Customs Protection of Intellectual Property Rights".
1. What are customs protection measures for intellectual property rights?
Refers to the alleged infringement of the customs on the upcoming import and export For goods with intellectual property rights protected by the laws and administrative regulations of the People's Republic of China, measures such as detention, investigation and identification, disposal and punishment of the consignor and consignor of the goods shall be adopted in accordance with the law.
2. What does intellectual property customs protect?
Related to import and export goods and governed by the People's Republic of China The following five categories are protected by the laws and administrative regulations of the Republic.
1. Infringement of trademark rights
2. Infringement of copyright and copyright-related rights
3. Patent infringement4. Infringement of the exclusive rights of the Olympic logo
5. Infringement of the exclusive rights of the World Expo logo
3. How does the customs implement intellectual property protection?
Active mode: ex officio protection procedure, it is customs Actively initiate law enforcement procedures to stop and investigate the import and export of infringing goods.
1. Intellectual property filing
The intellectual property rights holder willIts intellectual property rights are registered with the General Administration of Customs
2. Customs suspended the release of goods
Customs discovered suspected infringement of filing knowledge After importing and exporting goods with intellectual property rights, the release shall be suspended and the relevant intellectual property rights holders shall be notified in writing. The rights holders shall apply to detain the suspected infringing goods and provide guarantees within 3 working days from the date of delivery of the notice.
3. Detain suspected infringing goods
After customs accepts the right holder’s application for guarantee, it will detain the suspected infringing goods and Notify the intellectual property right holder in writing. Investigation and determination of whether the goods are infringing will be conducted within 30 working days after being detained.
Passive mode: Follow the application protection process. It is the customs that initiates customs enforcement procedures based on the application of the intellectual property right holder. This model is applicable to intellectual property rights registered with the General Administration and those not registered with the General Administration.
4. As an intellectual property rights holder, discover rights I have been violated, what should I do?
1. Once suspected infringing goods are discovered, they will be imported and exported , submit an application to the customs at the place of entry and exit of the goods to detain the suspected infringing goods.
2. Submit the application and relevant supporting documents, and evidence sufficient to prove the obvious existence of the infringement
3. Provide guarantee not exceeding the equivalent value of the goods
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