What are the precautions for customs protection filing of intellectual property rights
(1) Intellectual property rights accepted and filed by the General Administration of Customs
According to Article 2 of the "Regulations on Customs Protection of Intellectual Property Rights" promulgated by the State Council According to the provisions of the regulations, the intellectual property rights protected by China's customs should be trademark exclusive rights, copyrights, copyright-related rights and patent rights related to imported and exported goods and protected by the laws and administrative regulations of the People's Republic of China. Therefore, the following intellectual property rights can apply to the customs for record protection:
1. Trademarks approved and registered by the Trademark Office of the State Administration for Industry and Commerce (except service marks);
2. Internationally registered trademarks (except service marks) registered with the World Intellectual Property Organization and extended to China;
3. Inventions, designs, and utility model patents granted patent rights by the State Intellectual Property Office (including the former China Patent Office);
4. Copyrights and copyright-related matters owned by citizens or organizations that are members of the Berne Convention for the Protection of Literary and Artistic Works Rights.
(2) Qualifications of filing applicants
Only intellectual property right holders can apply for intellectual property customs protection record .Here “intellectual property rights holders” refer to trademark registrants, patentees, copyright holders and copyright-related rights holders as stipulated in China’s Trademark Law, Patent Law and Copyright Law.
A licensee using intellectual property cannot apply for intellectual property registration in his or her own name , but can accept the entrustment of trademark registrants, patentees, copyright owners and copyright-related rights holders to submit applications as their agents.
2. Submit the filing application
Intellectual property rights holders who wish to register for customs protection of intellectual property rights should submit a filing application to the General Administration of Customs and attach relevant supporting documents (please see attached documents for details) "3. Requirements for accompanying documents"). The specific procedures for submitting a filing application are as follows:
(1) Fill in the filing application form. The applicant should fill in the "Application Form for Customs Protection of Trademark Rights" and "Customs Protection of Patent Rights" according to the type of intellectual property rights they apply for filing.Registration Application" and "Copyright Customs Protection Registration Application". Applicants can also submit online filing applications through the General Administration of Customs' "Intellectual Property Customs Protection Filing Application and Inquiry System" (hereinafter referred to as the "Filing System");
(8) Evidence of known import and export of infringing goods;
(9) Rights licensing usage, submission of a licensing contract Copy (signed and marked with "verified and correct with the original"), if there is no contract, provide the permission list, content, deadline, etc.;
(10) Other relevant documents required by customs.
Note: Overseas (including Hong Kong, Macao, and Taiwan) ) If an intellectual property right owner applies for intellectual property customs registration, it must be done through its domestic office or domestic agent.Apply to customs.
(2) Application for patent filing
1. Application documents that must be submitted
(1) Customs protection filing application for patent rights (can be automatically generated from the "Filing System", Print and sign);(2) Applicant Identity document (choose one of the two);
Natural person: Copy of personal identity document (signed and marked “checked with original”);
Legal person: A copy of the industrial and commercial business license or other registration documents (signed and stamped with "checked with the original"), and a Chinese translation of the foreign language registration certificate should be provided.
(3) Copy of patent certificate (Signature, seal, (marked "checked with the original"); when applying for a design patent, a copy of the design patent announcement (signed and stamped "checked with the original") is required; for a utility model patent, a copy of the utility model patent search report (signed and stamped) and indicate "verified and correct with the original"). If the above patent authorization has been more than 1 year since the date of announcement, the original copy of the patent registration book issued within 6 months before the application must also be submitted;
(4) Photos or samples of the goods and their outer packaging;
(5) A copy of the bank receipt for payment of the filing fee (signed and marked "Check with the original").
2. When entrusting an agent to apply for customs filing, additional information is required. Documents submitted
(6) Formulated by the General Administration of Customs Original fixed format power of attorney (can be downloaded from this website), signed and sealed by the obligee;
(7) Agent’s identity document (choose one from two);
Natural person: copy of personal identity document (signed and stamped with "checked with original");
Legal person: Copy of business license (signed and stamped with "checked with original").
3. Select the submitted file(8) Evidence of known import and export of infringing goods;
(9) Rights licensing status, if there is a license contract, submit a copy of the contract (signed and marked "check with the original"), if there is no contract, provide the license list, content, period, etc.;
(10) Other relevant documents required by the customs.
Note: Overseas (including Hong Kong, Macao, and Taiwan) ) If an intellectual property right owner applies for customs registration of intellectual property rights, his or her domestic office or domestic agent must submit an application to the customs.
(3) Apply for copyright filing
1. Application documents that must be submitted
(1) Copyright Customs Protection Registration Application Form (can be automatically generated from the "Recording System", printed and signed);
(2) Applicant’s identity document (choose one of the two);
Natural person: Copy of personal identity document (signed and marked "checked with original");
Legal person: A copy of the industrial and commercial business license or other registration documents (signed and stamped with "checked with the original"), and a Chinese translation of the foreign language registration certificate should be provided.
(3) Copyright certification document (choose one of the two);
Copyright has been registered: Provide voluntary copyright registration issued by the registration authority Copy of the certificate (signed and marked "verified with the original"), photo of the work certified by the copyright registration authority;
Copyright not registered: Provide samples of copyrighted works and other relevant evidence.
(4) A copy of the bank receipt for payment of the filing fee (signed and marked "checked with the original").
2. When entrusting an agent to apply for customs filing, additional documents need to be submitted
(5) Fixed format power of attorney formulated by the General Administration of Customs (can be downloaded from this website ) original, signed and sealed by the rights holder;
(6) Agent’s identity document (choose one from two);
Natural person: copy of personal identity document (signed and stamped with "checked with original");
Legal person: Copy of business license (signed and marked "matches the original").
3. Select the file to submit
(8) Evidence of known import and export of infringing goods;
(9) Rights licensing status, if there is a license contract, submit a copy of the contract (signed and marked "Check with the original"), if there is no contract, provide the permission list, content, deadline, etc.;
(10) Other relevant documents required by the customs.
Note: If overseas intellectual property rights holders (including Hong Kong, Macao and Taiwan) apply for customs registration of intellectual property rights, they must apply to the customs through their domestic offices or domestic agents. .
In summary, when applying for intellectual property registration, you should pay attention to the required materials. You should ensure that they are correct during the registration process and then submit them to the relevant units for review. If you have any other questions , welcome online consultation.