What are the issues in customs protection of intellectual property rights
(1) Problems in legislation
1. The scope of intellectual property customs protection objects is too narrow. According to my country's current legislation, the scope of intellectual property customs protection includes trademark rights, patent rights, copyrights and neighboring rights. However, this scope of objects does not meet the requirements of economic development. For example, as for trademark rights, it is still the focus of customs protection of intellectual property rights, but it cannot be limited to trademark rights, but also protects trade name rights and packaging rights of intellectual goods that are closely related to trademark rights. Because in practice it has been found that infringers can easily exploit the loopholes in border protection of these three interrelated rights to circumvent the border protection legal system. Only by protecting these rights can we create a level playing field for legitimate businessmen.
2. The cost for intellectual property rights holders to apply for customs protection is too high, and there are too many restrictions on rights holders exercising customs protection. The start of the application for protection procedure puts forward strict requirements, which mainly include: (1) To apply for the customs to detain suspected infringing goods, a letter should be submitted to the customs. The application must include information about the intellectual property rights and the rights holder, the suspected infringing goods and the persons sending and receiving the goods, the possible entry and exit ports of the suspected infringing goods, the time and means of transportation, etc.For evidence. When the right holder wants to apply for customs to detain goods suspected of infringement, he must provide the customs with evidence sufficient to prove the obvious existence of infringement. (3) Requirements for guarantees. In the process of applying for detention, the obligee shall provide security equivalent to the value of the goods. If the right holder wants to apply to the customs, he must conduct a large amount of investigation and evidence collection in advance and have accurate information on the import and export of infringing goods before he can submit an application that meets the requirements. It can be seen that the time and money costs for right holders to apply for rights protection are quite high. (4) The cost of applying for customs protection is too high. If the right holder wants to apply for intellectual property registration, he must pay a filing fee; if the right holder wants to apply for the detention of goods suspected of infringement, he must provide a guarantee that the price does not exceed the equivalent value of the goods. These provisions are not conducive to rights holders actively exercising their rights protection.
4. Some provisions are too simple and general , not practical
(2) Customs Problems with law enforcement
First of all, law enforcement agencies and Its staff do not pay enough attention to the customs protection of intellectual property rights. Secondly, the transparency of law enforcement is not high. In addition, it substantively stipulates the customs' protection of the rights holder's intellectual property rights, but does not establish a unified and transparent enforcement system procedurally. In particular, there are no clear provisions on issues such as the method and period after suspending release or detaining measures. Customs Law enforcement is more arbitrary.
(3) Enterprise problems
At present, many companies in our country are still only keen on traditional operations model, focusing on immediate benefits such as sales and market share, and it is generally believed that this kind of realistic benefits are greater than the benefits that the intellectual property management model can bring. This ubiquitous “market-heavy industry”The problem of "performance, neglecting intellectual property rights" in turn restricts the enthusiasm of enterprises to apply for intellectual property rights, seriously damaging the competitiveness of enterprises. In addition, the rights holder separates the intellectual property protection work from the local intellectual property protection work and does not register the registered intellectual property rights. Or authorized trademarks and patents should be registered with the General Administration of Customs for intellectual property rights in a timely manner. Rights holders generally do not have specialized intellectual property protection agencies, and they lack full-time intellectual property protection personnel, and there is a relative lack of initiative in contacting and cooperating with law enforcement agencies.
In order to better protect intellectual property rights and maintain economic and trade order It is proceeding normally, but there is still a long way to go at this stage. If you have more questions about customs protection of intellectual property rights, you can consult online on the Legal Savior Network, where the most professional lawyers will answer your questions.
