What is the filing validity period and protection model for customs protection of intellectual property rights
(1) The validity period of the customs protection filing for intellectual property rights is 10 years.
(2) If the legal protection period of intellectual property rights expires from If it is less than 10 years from the effective date of the filing, the validity period of the customs protection filing for the intellectual property shall be based on the validity period of the intellectual property.
Recording protection model for customs protection of intellectual property rights
Customs protection of intellectual property rights, refers to customs Measures to prohibit the import and export of goods that infringe intellectual property rights in accordance with the law. Border measures known as intellectual property rights in the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights.
China Customs' protection of intellectual property rights can be divided into two modes: "protection based on application" and "protection based on ex officio":
Protection upon application means that the intellectual property right owner discovers goods suspected of infringement When the goods are about to be imported or exported, an application for protective measures shall be submitted to the customs in accordance with the provisions of Articles 12, 13 and 14 of the "Regulations on the Customs Protection of Intellectual Property Rights", and the customs shall implement measures to detain the goods suspected of infringement. Since the customs will not comply with the application The detained goods suspected of infringement are not investigated, and the intellectual property right holder needs to file a lawsuit with the People's Court regarding the relevant infringement dispute. Therefore, protection based on application is also called the "passive protection" model of customs for intellectual property rights.
Ex officio protection means that the customs discovers during the supervision process that the imported and exported goods have infringed the rights of the customs When there is a suspected infringement of intellectual property rights registered by the General Administration, in accordance with the provisions of Article 16 of the "Regulations on the Customs Protection of Intellectual Property Rights", the General Administration will proactively suspend the customs clearance procedures of the goods and notify the relevant intellectual property rights holders, and investigate the suspected infringement based on the application of the intellectual property right holders Measures to detain goods (the word "ex officio" comes from ex-officio in the Agreement on Trade-Related Aspects of Intellectual Property Rights). Since the customs detains goods suspected of infringement ex officio, it is a proactive measure to stop the import and export of infringing goods, and the customs also It has the right to investigate the infringement of goods and punish relevant parties, so ex officio protection is also called the customs’ “active protection” model for intellectual property rights.
Before applying to the customs for ex officio protection measures, the intellectual property rights holder shall follow Article 7 of the "Regulations on the Customs Protection of Intellectual Property Rights" According to the regulations, its intellectual property rights and other relevant information shall be filed with the General Administration of Customs.
If the validity period of the intellectual property customs protection record has expired, you should apply for renewal in time. If your situation is more complicated, Legal Savior Network welcomesYou get legal advice.
