What is the model for customs protection of intellectual property rights
Model of customs protection of intellectual property rights
According to the "Regulations on the Customs Protection of Intellectual Property Rights", the customs protection of intellectual property rights is divided into application-based There are two modes of protection and ex officio protection. The difference between the two models is mainly reflected in the great difference in the degree of customs intervention and the obligations borne by the rights holders.
(1) Protection upon application
Protection upon application refers to the customs discovery based on the application of the intellectual property right holder. Measures to detain goods suspected of infringement. The following characteristics apply for protection:
(1) Knowledge After discovering goods suspected of infringement, property rights holders can apply directly to the port customs for detention without having to register their intellectual property rights with the General Administration of Customs in advance;
(2) Customs is not responsible for monitoring the entry and exit of goods suspected of infringement;
(3) The intellectual property right owner shall provide the customs with a guarantee equivalent to the value of the suspected infringing goods;
(3) The customs has no right to investigate the infringement status of the goods. After the customs detains the goods suspected of infringement, the intellectual property rights The right holder shall apply to the People's Court for judicial seizure. If the People's Court fails to notify the Customs to assist in the seizure within a period of time after the Customs detains the goods, the Customs shall release the detained goods.
It can be seen that the application for protection model is basically the same as the provisions on customs suspension of release in the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights. Consistent. Since the customs will not take the initiative to prevent the import and export of infringing goods under the protection based on application model, the protection based on application model is also called the "passive protection" model.
(2) Ex officio protection
Ex officio protection refers to infringements discovered by the customs during the supervision of import and export goods. Measures taken proactively to detain and investigate the import and export of intellectual property rights. The word "ex officio" comes from the Latin in the Agreement on Trade-Related Aspects of Intellectual Property Rights. Ex officio protection has the following characteristics:
(1) The owner of intellectual property rights shall disclose his or her intellectual property rights in advance Filing with the General Administration of Customs;
(2) Customs discovery Import and export goods suspected of infringing on registered intellectual property rights shall be suspended from release and the relevant intellectual property rights holders shall be notified in writing;
(3) If the intellectual property right owner requests the customs to detain goods suspected of infringement, he should submit an application;
(4) Guarantee provided by the intellectual property owner to the customs;
(5) The customs has the right to investigate and determine the infringement status of the goods; if the infringement status of the goods cannot be determined, the customs shall notify The intellectual property rights holder applies to the People's Court for judicial seizure;
(6) Customs has the right to confiscate goods that it determines are infringing and impose administrative penalties on the consignors and consignors of the infringing goods. Those who constitute a crime must also be transferred to the public security organs;
(7) Customs has the right to dispose of confiscated infringing goods in accordance with the law.
Under the ex officio protection model, customs has the right to proactively take measures to stop the import and export of infringing goods. Therefore, the ex officio protection model is also called the "passive protection" model.
The above is the editor’s analysis of the issue of “What is the model of customs protection of intellectual property rights?” The answer is that according to the "Regulations on the Customs Protection of Intellectual Property Rights", the customs protection of intellectual property rights is divided into two modes: protection by application and protection by ex officio. The difference between the two modes is mainly reflected in the degree of customs intervention and the obligations borne by the rights holders. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.