What are the protection models for customs protection of intellectual property rights?

I believe that many people are unclear about the relevant legal provisions of the Customs protection model for intellectual property rights, which has led to many people often suffering losses in this regard and having their legitimate rights and interests violated. So, what are the protection models for customs protection of intellectual property rights? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the protection models for customs protection of intellectual property rights

1. Passive protection mode

When the owner of intellectual property rights discovers that other people’s imported or exported goods are suspected of infringing upon his or her intellectual property rights, he or she has the right to report The customs at the place of entry and exit of the goods submit an application and guarantee for detaining the goods suspected of infringement. After the customs detains the relevant goods at the request of the right holder, the customs will promptly notify the right holder and the consignee and consignor of the goods.

The calculation starts from the date when the goods are detained by the customs. Within the specified period, if the Customs receives a notice from the People's Court regarding the property preservation of detained goods or a notice of assistance in the enforcement of a pre-litigation order to cease infringement, the Customs shall assist the People's Court in enforcement;

If the above notification is not received, the customs will no longer detain the relevant goods but will release them. We call this protection mode passive protection mode.

2. Active protection mode

The intellectual property rights holder applies to the General Administration of Customs for customs protection filing of intellectual property rights, and the General Administration of Customs approves it after review After approval, if the customs at the place of entry and exit of the goods discover that the imported or exported goods are suspected of infringing the above-mentioned registered intellectual property rights, they will immediately notify the right holder. If the right holder fails to submit the application and guarantee within the specified time, the customs will release the relevant goods.

If the right holder submits it to the customs within the specified time After applying and guaranteeing, the customs will detain the goods suspected of infringement and investigate whether the goods are infringing from the date of detention.

If the customs determines that the goods are infringing upon investigation, it shall make a A penalty decision shall be made accordingly; if the customs determines after investigation that the goods are not infringing, the relevant goods shall be released; if the investigation cannot determine whether the goods are infringing, the customs will immediately notify the right holder. In this case, if the goods are detained within If the Customs does not receive the People's Court's Notice of Assistance in Enforcement, the Customs will release the goods. If it receives a Notice of Assistance in Enforcement from the People's Court starting from the date of detaining the goods, the Customs will assist in the execution.

We call this protection mode active protection mode .

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