What is the protection of duty in the protection of intellectual property and customs protection
- Author:sofreight.com
- Source:sofreight.com
- Release Date:2024-04-24
The process of protecting the intellectual property rights of imports and exports in accordance with its powers
1 record
Intellectual property rights holders apply for a record from the General Administration of Intellectual Property to the General Administration of Customs.
2
The infringing goods seized by the customs are mainly infringing on the right to trademarks. Generally, concealment, pseudo -reporting, and hiding are used to try to mix the customs.The customs conducts key inspections on the risk of applying for goods, and conducts key investigations on the hiding high -defense areas hidden in the hiding of the infringing goods.
3 confirmation
When the customs discovers the suspected infringement of intellectual property infringement of intellectual property infringement in the General Administration of Customs in accordance with its powers, they will immediately issue the "Notice of the Customs Confirmation of Intellectual Property Status" to the intellectual property right holder and provide relevant materials and intellectual property rights holders held by the customs.The intellectual property rights of this batch of goods must be confirmed.If the declaration price of import and export goods is obviously unreasonable or there is a false report or concealment of reports, the Customs will inform the amount of estimated goods and intellectual property right holders in the "Notice of Confirmation of Intellectual Property Rights".If the infringement is confirmed, the intellectual property right holder shall submit an application for the detention of the goods to the customs;
4 punishment
According to Article 15 (1) of the "Implementation Regulations of the People's Republic of China Customs Administrative Punishment", those who import and export infringement of intellectual property protection of the Law and Administrative Regulations of the People's Republic of China will confiscate the infringement goods and be worth less than 30%of the goods.Feming; criminal responsibility for criminal responsibility in accordance with the law.
5 disposal
The customs of the customs on infringing goods mainly include: transfer to relevant public welfare institutions for social public welfare undertakings; if intellectual property right holders have the willingness to acquire, the customs can be paid to intellectual property right holders;If there is no willingness to acquire the social welfare undertakings and the intellectual property right holder, the customs may be auctioned in accordance with the law after eliminating the characteristics of infringement; if the infringement characteristics cannot be eliminated, the customs shall be destroyed.
The legal basis of the customs issuing the "Notice of Customs Confirmation of Intellectual Property"
According to Article 44 of the Customs Law of the People's Republic of China, the customs shall protect the intellectual property rights related to entering and exiting goods in accordance with the provisions of laws and administrative regulations.
According to Article 5 of the "Regulations on the Protection of the Intellectual Property Rights and Customs of the People's Republic of China" (hereinafter referred to as the "Regulations"), the consignee of imported goods or its agent, the shipper of the exported goods, or its agent shall, in accordance with national regulations, to towards the state regulations, to towards the state regulations, to towards the state regulations, to towards the state regulations, to towards the state regulations, and to the state regulationsThe customs reported the intellectual property rights related to import and export goods, and submitted relevant certification documents.
According to Article 16 of the Regulations, if the customs found that the import and export goods are suspected of infringing on the filing of intellectual property rights, the intellectual property rights right holder shall be notified in writing immediately.Intellectual property right holders will apply within 3 working days in accordance with the provisions of Article 13 of the Regulations within 3 working days from the date of delivery, and provide guarantees in accordance with Article 14 of the Regulations, the customs shall detain the suspected goods of infringement., Written notify the intellectual property right holder, and send the customs detention voucher to the consignee or shipper.If an intellectual property right holder fails to apply or provide a guarantee overdue, the customs shall not detain the goods.
Others need precautions
Customs launching the application of intellectual property rights right holders in accordance with the protection of vocational rights, but the intellectual property right holder should choose the following ways within 3 working days from the date of receiving the written notice of the customs to reply: Intellectual property right holders believe that the goods related to the infringement of the goods infringe on itIf the intellectual property rights filed by the General Administration of Customs and ask the customs to detain, they should submit a written application and providing guarantee to the customs with the customs of the customs;, Or do not require customs to detain the suspects of infringement, explain the reasons to the customs in writing.
It should be noted that the customs will not suspend customs clearance for a long time. Intellectual property rights holders must pay attention to the provisions of the above "within 3 working days" -the customs clearance will resume customs clearance, and the relevant rights and interests of intellectual property rights will be difficult to get effective.Assure.
1 record
Intellectual property rights holders apply for a record from the General Administration of Intellectual Property to the General Administration of Customs.
2
The infringing goods seized by the customs are mainly infringing on the right to trademarks. Generally, concealment, pseudo -reporting, and hiding are used to try to mix the customs.The customs conducts key inspections on the risk of applying for goods, and conducts key investigations on the hiding high -defense areas hidden in the hiding of the infringing goods.
3 confirmation
When the customs discovers the suspected infringement of intellectual property infringement of intellectual property infringement in the General Administration of Customs in accordance with its powers, they will immediately issue the "Notice of the Customs Confirmation of Intellectual Property Status" to the intellectual property right holder and provide relevant materials and intellectual property rights holders held by the customs.The intellectual property rights of this batch of goods must be confirmed.If the declaration price of import and export goods is obviously unreasonable or there is a false report or concealment of reports, the Customs will inform the amount of estimated goods and intellectual property right holders in the "Notice of Confirmation of Intellectual Property Rights".If the infringement is confirmed, the intellectual property right holder shall submit an application for the detention of the goods to the customs;
4 punishment
According to Article 15 (1) of the "Implementation Regulations of the People's Republic of China Customs Administrative Punishment", those who import and export infringement of intellectual property protection of the Law and Administrative Regulations of the People's Republic of China will confiscate the infringement goods and be worth less than 30%of the goods.Feming; criminal responsibility for criminal responsibility in accordance with the law.
5 disposal
The customs of the customs on infringing goods mainly include: transfer to relevant public welfare institutions for social public welfare undertakings; if intellectual property right holders have the willingness to acquire, the customs can be paid to intellectual property right holders;If there is no willingness to acquire the social welfare undertakings and the intellectual property right holder, the customs may be auctioned in accordance with the law after eliminating the characteristics of infringement; if the infringement characteristics cannot be eliminated, the customs shall be destroyed.
The legal basis of the customs issuing the "Notice of Customs Confirmation of Intellectual Property"
According to Article 44 of the Customs Law of the People's Republic of China, the customs shall protect the intellectual property rights related to entering and exiting goods in accordance with the provisions of laws and administrative regulations.
According to Article 5 of the "Regulations on the Protection of the Intellectual Property Rights and Customs of the People's Republic of China" (hereinafter referred to as the "Regulations"), the consignee of imported goods or its agent, the shipper of the exported goods, or its agent shall, in accordance with national regulations, to towards the state regulations, to towards the state regulations, to towards the state regulations, to towards the state regulations, to towards the state regulations, and to the state regulationsThe customs reported the intellectual property rights related to import and export goods, and submitted relevant certification documents.
According to Article 16 of the Regulations, if the customs found that the import and export goods are suspected of infringing on the filing of intellectual property rights, the intellectual property rights right holder shall be notified in writing immediately.Intellectual property right holders will apply within 3 working days in accordance with the provisions of Article 13 of the Regulations within 3 working days from the date of delivery, and provide guarantees in accordance with Article 14 of the Regulations, the customs shall detain the suspected goods of infringement., Written notify the intellectual property right holder, and send the customs detention voucher to the consignee or shipper.If an intellectual property right holder fails to apply or provide a guarantee overdue, the customs shall not detain the goods.
Others need precautions
Customs launching the application of intellectual property rights right holders in accordance with the protection of vocational rights, but the intellectual property right holder should choose the following ways within 3 working days from the date of receiving the written notice of the customs to reply: Intellectual property right holders believe that the goods related to the infringement of the goods infringe on itIf the intellectual property rights filed by the General Administration of Customs and ask the customs to detain, they should submit a written application and providing guarantee to the customs with the customs of the customs;, Or do not require customs to detain the suspects of infringement, explain the reasons to the customs in writing.
It should be noted that the customs will not suspend customs clearance for a long time. Intellectual property rights holders must pay attention to the provisions of the above "within 3 working days" -the customs clearance will resume customs clearance, and the relevant rights and interests of intellectual property rights will be difficult to get effective.Assure.