What are the time regulations for customs protection filing of intellectual property rights?

Registration of import and export trade in intellectual property customs protection is conducive to safeguarding the interests of enterprises, standardizing the order of China's import and export trade, and reducing the occurrence of infringements. However, there is a certain time limit for filing for customs protection of Intellectual property rights, and it does not take a long time. So what are the time regulations for filing 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 time regulations for customs protection filing of intellectual property rights

Intellectual property customs protection filing refers to the intellectual property right holder , in accordance with the provisions of the "Regulations on the Customs Protection of Intellectual Property Rights", notify the General Administration of Customs in writing of the legal status of its intellectual property rights, the situation of the relevant goods, the legal use of intellectual property rights, and the import and export of infringing goods, so that the customs can process the import and export. During the supervision of goods, relevant intellectual property rights can be proactively protected.

(1) The validity period of the customs protection filing for intellectual property rights is 10 years.

(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 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, an application for detaining suspected infringing goods shall be made to the customs 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 the validity period of the intellectual property customs protection record has expired, you should apply for renewal in time. If your situation is more complex, Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.