What are the customs protections for intellectual property rights
Customs Intellectual Property Protection Concept
In October 1995, my country promulgated and implemented the "Regulations on Customs Protection of Intellectual Property Rights" for the first time. Begin to establish an intellectual property border protection system that complies with World Trade Organization rules.
Customs protection of intellectual property rights refers to the customs’ efforts to prohibit infringement For the import and export of goods with intellectual property rights, the exclusive rights to trademarks, 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 are protected in accordance with relevant national regulations.
Intellectual property rights holders may also proactively request customs enforcement Intellectual property rights protection, but an application for protective measures should be submitted to the customs in advance.
The consignee of imported goods or his agent , The consignor of exported goods or his agent shall, in accordance with national regulations, truthfully declare to the customs the relevant information about the imported and exported goods.Relevant intellectual property status and submit relevant supporting documents.
When customs implements intellectual property protection, it has the obligation to be conservative the trade secrets of the parties concerned.
Intellectual property customs protection model
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.According to the "People's Republic of China" issued by the State Council of the People's Republic of China According to Article 2 of the Regulations on the Customs Protection of Intellectual Property Rights of the Republic of China, the intellectual property rights protected by my country's customs shall be trademark exclusive rights, copyrights and copyright-related rights and patents related to imported and exported goods and protected by the laws and administrative regulations of the People's Republic of China. right. In addition, according to the "Regulations on the Protection of Olympic Symbols" and the "Regulations on the Protection of World Expo Symbols", my country's customs should also protect the Olympic symbols and World Expo symbols.
China Customs’ protection of intellectual property rights can be divided into There are two modes: "protection upon application" and "protection upon ex officio":
Protection upon application means that when the intellectual property right owner discovers that goods suspected of infringement are about to be imported or exported, he files an application with the customs in accordance with the provisions of Articles 12, 13 and 14 of the "Regulations on the Customs Protection of Intellectual Property Rights" Upon application for protective measures, the Customs will detain the goods suspected of infringement. Since the Customs does not investigate the goods suspected of infringement detained upon application, the intellectual property rights holder needs to file a lawsuit with the People's Court regarding the relevant infringement disputes, so the application for protection will not be carried out. It is called the customs’ “passive protection” model for intellectual property rights. Ex-officio protection means that when the customs discovers during the supervision process that imported and exported goods are suspected of infringing upon the intellectual property rights registered with the General Administration of Customs, it will, according to the Regulations on the Customs Protection of Intellectual Property 》Article 16, proactively suspend the customs clearance procedures of goods and notify the relevant intellectual property right holders, and implement measures to detain suspected infringing goods based on the application of the intellectual property right holders. Since the customs detains suspected infringing goods in accordance with its authority, it is a proactive measure. Prevent the import and export of infringing goods, and the customs also has the right to investigate the infringement of goods and punish relevant parties. Therefore, ex officio protection is also called the customs' "active protection" model of intellectual property rights.
Before applying to the customs for ex officio protection measures, the intellectual property rights holder shall comply with According to the provisions of Article 7 of the "Regulations on the Customs Protection of Intellectual Property Rights", the intellectual property rights and other relevant information shall be filed with the General Administration of Customs.
The department that accepts intellectual property registration applications is: Intellectual Property Protection Division of the Policy and Regulations Department of the General Administration of Customs.
Each of us should constantly establish awareness of the protection of intellectual property rights to avoid losing the fruits of our own labor Causing unnecessary losses. At the same time, the Legal Savior Network also provides you with online service consultation. You are welcome to have legal consultation.
