How to determine whether imported and exported goods have infringement Intellectual Property
(1) To The intellectual property rights holder shall notify the customs in writing of the name, quantity, value, name of the consignee and consignor, date of import and export declaration, customs detention date, etc. of the goods. With the consent of the customs, the intellectual property rights holder may inspect the goods detained by the customs.
(2) Send to the consignee and consignor Detention Voucher Customs will deliver the detention voucher for goods suspected of infringement to the consignor and consignor. With the consent of the customs, the consignor and consignor can inspect the goods detained by the customs. Customs’ investigation of detained goods suspected of infringement: After customs detains goods suspected of infringement, it shall investigate the suspected infringing goods and other relevant circumstances in accordance with the law. Consignees, consignees and intellectual property rights holders shall cooperate with customs investigations and truthfully provide relevant information and evidence. When customs investigates goods suspected of infringement, they may request the relevant intellectual property authorities to provide advisory opinions. If the intellectual property right owner and the consignee or consignor reach an agreement on the suspected infringing goods detained by the customs, and submit a written application to the customs and attach the relevant agreement, requesting the customs to lift the detention of the suspected infringing goods, the customs may terminate the investigation unless it believes that the suspected infringing goods constitute a crime. . Release detained goods suspected of infringement
(3) If the customs investigates the detained goods suspected of infringement and cannot determine whether the goods infringe the relevant intellectual property rights, it shall set a time limit from the date of detaining the goods suspected of infringement.Notify the intellectual property rights holder, consignee and consignee in writing. If the customs cannot determine whether the goods infringe the relevant patent rights, the consignee and consignor may request the customs to release the goods after providing the customs with a guarantee equivalent to the value of the goods. If the customs agrees to release the goods, the customs shall release the goods and notify the intellectual property right holder in writing. If an intellectual property right owner files a lawsuit with the People's Court regarding a patent infringement dispute, he or she shall submit to the Customs a copy of the People's Court's notice of acceptance of the case within the prescribed time limit from the date of delivery of the written notice from the Customs.
(4) The customs cannot determine whether the relevant goods are If its intellectual property rights are infringed, the intellectual property right holder may, after providing corresponding guarantees to the customs as required, apply to the People's Court for an order to stop the infringement or for measures to be taken. If the Customs receives a written notice from the People's Court to assist in the seizure of the relevant goods within 50 working days from the date of detaining the goods suspected of infringement, it shall provide assistance; if it does not receive a notice from the People's Court to assist in the seizure or the intellectual property rights holder requests the Customs to release the relevant goods, the Customs shall provide assistance. Customs shall release the goods. Confiscation of detained infringing goods
(5) Confiscation Infringing goods and notifying the intellectual property right holder of the detained suspected infringing goods. If the customs determines that the intellectual property rights infringement is infringed after investigation, the customs shall confiscate the goods and notify the intellectual property right holder in writing of the following circumstances of the infringing goods:
①The name and quantity of the infringing goods;
②Name of consignor and consignor;
③The date of declaration of import and export of infringing goods, the date of customs detention and the effective date of the penalty decision;
④The place of departure and destination of the infringing goods;
⑤ Other information related to infringing goods that the customs can provide. Imported and exported goods or entry and exit items are determined by customs investigation to infringe intellectual property rights and should be confiscated by customs according to regulations. However, if the party concerned is unable to find out, the customs may confiscate it after 3 months from the date when the customs issued the relevant announcement.
(6) Disposal of confiscated infringing goods Customs shall dispose of confiscated infringing goods in accordance with the following provisions:
① If the relevant goods can be directly used for social welfare undertakings or the intellectual property rights holder is willing to purchase them, the goods Transfer it to relevant public welfare organizations for social welfare undertakings or transfer it to intellectual property rights holders for a fee.
② If the relevant goods cannot be transferred to relevant public welfare institutions for social welfare undertakings or transferred to the intellectual property right holder for a fee, and the infringing characteristics can be eliminated, they will be auctioned according to law after the infringing characteristics are eliminated; but for imports For goods with counterfeit trademarks, only the trademark marks on the goods are removed, but they are still not allowed to enter commercial channels. The proceeds from the auction of the goods are turned over to the national treasury.
The editor's summary ends here. If you have more questions in this regard, you are welcome to consult the Legal Savior Network. The Legal Savior Network provides professional Legal consulting services, a professional team of lawyers will answer your questions.
No comments yet. Say something...