Customs seizes infringing clothing, how to deal with infringement of goods

When we discover an infringement of a trademark, we usually report it directly to the Industry and Commerce Bureau. The other party will handle it at that time. During the process, what is the specific process? If the customs seizes infringing clothing, what about the infringement of the goods? Processing? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Legal Savior Network has compiled the following content. I hope it will be helpful to you.

Customs seizes infringing clothing, how to deal with infringement of goods

According to Article 1 of the "Regulations on the Implementation of Customs Administrative Punishments of the People's Republic of China" Article 25 Whoever imports or exports goods that infringe the intellectual property rights protected by the laws and administrative regulations of the People's Republic of China shall have the infringing goods confiscated and be fined less than 30% of the value of the goods; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Need to declare intellectual property status to the customs for import and export If the consignee or consignee of goods and their agents fail to truthfully declare relevant intellectual property rights to the customs in accordance with regulations, or fail to submit documentation proving the legal use of relevant intellectual property rights, they may be fined up to 50,000 yuan.

There are two ways for customs to initiate seizure and detention procedures:

The first approach is the so-called "passive" The second method is the "active" procedure, in which the customs proactively discovers the infringing goods and notifies the right holder to apply. For the first type of detention upon application, the intellectual property right owner discovers that the infringing goods are about to be imported or exported, and requests the customs to detain the infringing goods with sufficient evidence of infringement and providing a guarantee.

This approach Relatively demanding, the requirements are:

(1) Identify yourself Relevant documents and proof of intellectual property rights;

( 2) Information about the consignee and consignor of the infringing goods, name and specifications of the goods, entry and exit times, flight numbers, etc.;

(3) Equal amount guarantee.

Proactively discover and notify the second type ex officio The right holder procedure means that if the customs discovers that the goods infringe the intellectual property rights of others (the intellectual property rights must first be registered with the customs) during the supervision of goods, the customs will proactively notify the right holder, and then the right holder will decide whether to apply for detention. There is a prerequisite for starting this approach, which is that the intellectual property rights have been registered with the customs. Customs will not pay attention to intellectual property rights that are not registered.

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