What is the scope of customs protection of intellectual property rights?

Customs protection of intellectual property rights refers to the protection implemented by the customs on the exclusive rights to trademarks, copyrights and copyright-related powers and patent rights (hereinafter collectively referred to as intellectual property rights) related to imported and exported goods and protected by the laws and administrative regulations of the People's Republic of China. What is the scope of customs protection of intellectual property rights? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

What is the scope of customs protection of intellectual property rights

Scope of protection

The intellectual property rights protected by the customs include trademark exclusive rights, copyrights and copyright-related rights, patent rights, Olympic Exclusive rights to logos and exclusive rights to World Expo logos, etc.

Legal basis

"Customs Law", "Trademark Law", "Patent Law", "Copyright Law" ", "Regulations on the Customs Protection of Intellectual Property Rights", "Regulations on the Implementation of Customs Administrative Punishments", "Regulations on the Protection of Olympic Symbols", "Regulations on the Protection of World Expo Symbols", "Regulations on the Protection of Computer Software", etc.

Protection methods

The import and export of goods that infringe intellectual property rights are prohibited:

Detain goods suspected of infringement in accordance with the law;

If the detained goods suspected of infringement are determined to infringe intellectual property rights after customs investigation, they will be confiscated by the customs;

Those suspected of committing crimes shall be transferred to the public security organs for processing in accordance with the law;

Assist in the execution of People’s Court judgments ordering the cessation of infringement or property preservation;

Provide assistance to intellectual property authorities in handling infringement cases involving imported and exported goods.

Prerequisite for protection: filing

Recording of intellectual property rights

In order to obtain customs protection, intellectual property rights holders should apply for filing of their intellectual property rights with the General Administration of Customs. An application must be submitted for filing.

The intellectual property customs registration is valid for 10 years and can be Apply for renewal within 6 months before the validity period expires, and the validity period of each renewal filing is 10 years.

If the filing status changes, the right holder shall Complete the registration change or cancellation procedures within 30 working days.

Enforcement Procedure: Application

If the rights holder discovers that the goods suspected of infringement are about to be imported or exported, he may report to the place where the goods are entering or leaving the country. Customs submits a written application to detain the suspected infringing goods. -------Start upon application

If the customs discovers that imported or exported goods are suspected of infringing the registered intellectual property rights, they shall immediately notify the intellectual property right holder in writing. The intellectual property right holder may submit a written application for suspected infringing goods within 3 working days from the date of delivery of the notice. --------Start ex officio

Enforcement procedures: Detention of guarantee

The rights holder requests customs If goods suspected of infringement are detained, a guarantee of no more than the equivalent value of the goods shall be provided to the customs to compensate for losses that may be caused by improper application and to pay for warehousing, storage and disposal costs. If the obligee pays warehousing and storage fees directly to the warehousing provider, the fees will be deducted from the guarantee.remove.

Law enforcement procedures: detention

The intellectual property rights holder applies to detain goods suspected of infringement, in compliance with the Customs Protection of Intellectual Property Rights If a guarantee is provided in accordance with Article 13 of the Regulations and a guarantee is provided in accordance with Article 14 of the Regulations, the customs shall detain the goods suspected of infringement, notify the intellectual property right holder in writing, and deliver the customs detention voucher to the consignee or ship the goods. people.

Law enforcement procedures: investigation, identification

(Ex officio investigation) Customs found that import and export goods infringed on the registration knowledge After the property rights are suspected and the intellectual property right holder is notified, if the intellectual property right holder requests the customs to detain the suspected infringing goods, the customs shall investigate and determine whether the detained suspected infringing goods infringe the intellectual property rights from the date of detention; if it cannot be determined, the customs shall Immediately notify the intellectual property right holder in writing.

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