What is the application and protection model for customs protection filing of intellectual property rights
Application for customs protection filing of intellectual property rights
Intellectual property rights holders may, in accordance with regulations, transfer their knowledge to The property rights shall be filed with the General Administration of Customs; if applying for filing, an application form shall be submitted. The application should include the following content:
(1) The name, registration place or nationality of the intellectual property right holder;
(2) Name, content and related information of intellectual property rights;
(3) Intellectual property license exercise status;
(4) Intellectual property rightsThe name, place of origin, entry and exit customs, importers and exporters, main characteristics, prices, etc. of the goods for which the client legally exercises intellectual property rights;
(5) Manufacturers, importers and exporters, customs at entry and exit locations, main features, prices, etc. of goods that are known to infringe intellectual property rights.
The content of the application form specified in the preceding paragraph must be supported by supporting documents , the intellectual property right holder shall attach supporting documents.
Protected mode:
Knowledge There are actually two main methods for customs protection of property rights. The first protection mode is the passive protection mode, and the second protection mode is the active protection mode. Below, the editor of Legal Savior Network brings to you “What is the application and protection model for customs protection filing of intellectual property rights”. I hope it will be helpful to you in understanding this knowledge.
1. The protection mode is passive protection mode
span>The owner of intellectual property rights discovers that other people’s imported and exported goods are suspected of infringement When claiming intellectual property rights, the Customs has the right to submit an application and guarantee to the customs at the place of entry and exit of the goods to detain the goods suspected of infringement. After the customs detains the relevant goods at the request of the right holder, the customs will promptly notify the right owner and the consignee and consignor of the goods. Starting from the date when the customs detains the goods, if the customs receives a notice from the people's court regarding the property preservation of the detained goods or a pre-litigation order to cease infringement, the notice of assistance in enforcement shall be calculated.The Customs shall assist the People's Court in enforcement; if the above-mentioned notification is not received, the Customs will no longer detain the relevant goods but will release them. We call this protection mode passive protection mode.
2. The protection mode is active protection mode
span>The intellectual property right holder applies to the General Administration of Customs for intellectual property customs Protection filing, after review and approval by the General Administration of Customs, if the customs at the place of entry and exit of the goods discover that the imported or exported goods are suspected of infringing the above-mentioned registered intellectual property rights, they will immediately notify the right holder. If the right holder fails to submit the application and guarantee within the specified time, Customs will release the relevant goods. If the right holder submits an application and guarantee to the customs within the specified time, the customs will detain the goods suspected of infringement and investigate whether the goods are infringing from the date of detention. If the customs determines through investigation that the goods are infringing, they shall make a corresponding penalty decision; if the customs determines after investigation that the goods are not infringing, the relevant goods shall be released; if the investigation cannot determine whether the goods are infringing, the customs will immediately notify the right holder. In this case, In this case, if the Customs does not receive the People's Court's Notice of Assistance in Enforcement from the date of detaining the goods, the Customs will release the goods. If the Customs receives the Notice of Assistance in Enforcement from the People's Court from the date of detaining the goods, the Customs will assist in the execution. We call this protection mode active protection mode.
I believe you will be interested in this after reading the above There is also a basic understanding of the two modes. If you still don’t understand anything about intellectual property rights, you can directly consult our online lawyers on the Legal Savior Network, and we will try our best to answer your questions.
