What does copyright customs protection include
According to the provisions of Article 2 of the "Regulations on the Customs Protection of Intellectual Property Rights", our country The intellectual property rights protected by the customs shall 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. Specifically, the following ranges are included:
(1 )A trademark approved and registered by the Trademark Office of the State Administration for Industry and Commerce;
(2) Internationally registered trademarks registered with the World Intellectual Property Organization and extended to my country;
(3) Inventions, designs, and utility model patents granted patent rights by the State Intellectual Property Office (including the former China Patent Office);
China Customs' protection of intellectual property rights can be divided into "protection based on application" and "protection based on ex officio" Two modes:
According to the application for protection, it means When an intellectual property right owner discovers that goods suspected of infringement are about to be imported or exported, he or she shall apply to the customs for protective measures in accordance with Articles 12, 13 and 14 of the "Regulations on the Customs Protection of Intellectual Property Rights", and the customs will detain the goods suspected of infringement. measures. Since the customs does not investigate goods suspected of infringement detained upon application, intellectual property rights holders need to file lawsuits with the People's Court regarding relevant infringement disputes. Therefore, protection upon application is also called the customs' "passive protection" model for intellectual property rights.
Ex officio protection refers to the customs supervision process When it is discovered that imported or exported goods are suspected of infringing the intellectual property rights registered with the General Administration of Customs, in accordance with the provisions of Article 16 of the "Customs Protection Regulations on Intellectual Property Rights", the customs clearance procedures of the goods shall be actively suspended and the relevant intellectual property right holders shall be notified, and in accordance with the provisions of Article 16 of the Customs Protection Regulations on Intellectual Property Rights, Measures to detain goods suspected of infringement upon application by the intellectual property right holder. Since the customs detaining suspected infringing goods ex officio is an initiative to stop the import and export of infringing goods, and the customs also has the right to investigate the infringement status of the goods and punish relevant parties, ex officio protection is also called the customs' "protection of intellectual property rights". Active Protection" mode. Before applying to the customs for ex officio protection measures, the intellectual property rights holder shall file its intellectual property rights and other relevant information with the General Administration of Customs in accordance with Article 7 of the Regulations on the Customs Protection of Intellectual Property Rights. The department that accepts applications for intellectual property registration is: Intellectual Property Protection Division of the Policy and Regulations Department of the General Administration of Customs.
In summary, we can clearly know that copyright The scope of customs protection includes trademarks registered by relevant departments, new patents, and relevant copyrights and copyright-related rights owned by citizens or organizations of member states. Moreover, protection is divided into two modes: protection by application and protection by ex officio. If you have further questions, please consult the professional lawyers at LegalSavior.com and they will answer your questions.