What are the regulations on customs protection filing and protection period for intellectual property rights?

Intellectual property protection is a measure to protect intellectual property holders and an important guarantee for the development of the knowledge economy. The protection of Intellectual property rights has a time limit, so what are the regulations on the filing and protection period for customs protection of intellectual property rights? The following is an analysis and answer by the editor of Legal Savior Network for readers.

What are the regulations on the filing and protection period for customs protection of intellectual property rights

(1) The validity period of intellectual property customs protection record is 10 Year.

(2) If the legal protection period of intellectual property rights expires from If it is less than 10 years from the effective date of the filing, the validity period of the customs protection filing for the intellectual property shall be based on the validity period of the intellectual property.

(3) If the intellectual property rights are in March 2004 If it is approved or renewed by the General Administration of Customs before March 1, that is, before the revised "Protection Regulations" are implemented, the 7-year protection period will still apply. If the filing is approved before March 1, 2004, but the renewal is after March 1, 2004, the protection period after renewal will be 10 years.

Legal basis

Relevant provisions in the "Regulations of the People's Republic of China on the Customs Protection of Intellectual Property"

Article 3 Intellectual property rights holders and their agents (hereinafter collectively referred to as intellectual property rights holders) request customs to detain suspected infringing goods that are about to be imported or exported If the goods are suspected of infringement, an application shall be submitted to the customs for detaining the goods suspected of infringement in accordance with the relevant provisions of these Measures.

Article 4 Consignee and consignee of import and export goods Or its agent (hereinafter collectively referred to as the consignor and consignor) should understand the intellectual property status of its imported and exported goods within a reasonable scope. If the customs requires declaration of the intellectual property status of imported and exported goods, the consignee and consignor shall truthfully declare to the customs and submit relevant supporting documents within the time limit specified by the customs.

Article 5 Intellectual property rights holder or receipt and delivery If the relevant documents or evidence submitted to the customs involve trade secrets, the intellectual property right owner or consignee or consignor shall provide a written explanation to the customs.

When implementing intellectual property protection, the customs shall keep the information of the parties concerned confidential. Trade secrets, except information that Customs must disclose in accordance with the law.

If readers need legal help, welcome to Legal Savior Network for legal advice.