Customs protection of IP rights means customs in accordance with national laws and regulations,take law enforcement measures to protect intellectual property rights in the segments of import and export ."Regulation of the P. R. China on the customs protection of IP rights "China promulgated in July 1995(theRegulationsonCustomsProtection)andCustomsissuedsubsequentimplementation measures on protection of intellectual property(herein after referred to implementation measures)on curbing the international flow of counterfeit goods played a significant role.Customs Protection Regulations Article two stipulates: " For the purposes of these Regulations, “customs protection of intellectual property rights”refers to the implementation of protection by customs of the exclusive rights to use a trademark, copyrights and the rights related thereto, and patent rights that are related to import and export goods and that are protected by PRC laws and administrative regulations (Intellectual Property Rights). "Article three :" The State prohibits the import and export of goods that infringe upon Intellectual Property Rights. "
(一).Records for Customs protection of IP rights
1, the applicant filed an application name or the name of the content. Refers only to the patentee, the trademark owner, the copyright owner. Applicants nationality, license number, legal representative, legal address, contact name, mailing address. Intellectual Property Fact Sheet:
A.patentcase:Patentname,patent number,certificate number,the type of patent(inventions, utility models, appearance designl)period of validity, name of other rights holders , nationality, legal address.
B.trademarkcase:tradename,registrationnumber,trademarknature(good trademarks,service trademarks,other),the type of trademark(a registered trademark and international trademarks,well-known trademarks),registration authorities, period of validity ,commodity classification,approved use of goods.
C.copyrightcase:the title,author name, author nationality,type of works and the languages,first date,first countries or regions, copyright validity,copyright registration number, copyright registration authority,other rights holders name, country, legal address.Instructions concerning commercial secrets.Intellectual Property usage: name and specifications,commodity code(according to the CustomsTariff)and address of principal place of business.Intellectual property licensing situations:Licensee name,use,license term, the license files number.Intellectualpropertytradedescriptions,productphotos2.Basicinformation on the suspected infringing goods and the infringer's(including manufacturers,importers and exporters of infringing goods, mainly into the case and exit customs,the main features, price, etc.).Notarized power of attorney.
2,the record comes with a copy of the business license of intellectual property rights holder files or identity cards.Notarized copy of the certificate of intellectual property rights.Or a copy of the contract of assignment of intellectual property licensing contracts.
3, registration application of Customs protection Proposes to the Chinese General Administration of Customs.
(二), applying for intellectual property protection measures
1, the contents of the application of measures taken to protect the name of the application of intellectual property protection, customs registration number.Infringement suspects name, domicile, legal representative,principal place of business.The suspected infringing goods,specifications and other relevant circumstances.Suspected infringing goods entry and exit ports, time,means of transport,the consignee or consignor and other relevant circumstances. Related evidence of infringement .Measures taken by the Customs request.
2,the Customs can take measures when IPR holders found infringing products passing in and out customs ports,the customs seized directly.Customs found that the entry and exit of goods suspected of infringing intellectual property filed in the customs, the customs have the right to be detained.
(二)Benefits of applying for records for Customs protection of IP rights
records for Customs protection of IP rights ,is the intellectual property right holders in accordance with the"Regulations on Customs Protection of Intellectual Property Rights" would be the legal status of its intellectual property rights, the situation of the goods,infringement of intellectual property rights and the legitimate use of the import and export of goods in writing notify the General Administration of Customs,the import and export of goods to customs supervision in the process of implementation can take the initiativeon intellectual property protection.the advantages of records for Customs of IP rights as following :
Records for Customs of IP rights is a prerequisite that customs proactive protection measures .According to the "Regulations", the intellectual property rights holders if no prior record of intellectual property rights to the Customs,Customs found that the infringing goods will soon leave the country,have no right to take the initiative to suspend the import and export of infringing goods, have no right to investigate and deal with.
In order to find the infringing goods.Because at the time of filing intellectual property rights , you need to provide information about the legal situation of intellectual property rights,contact of human rights ,lawful use of intellectual property,the circumstances of the suspected infringing goods pictures and photographs,it is possible to find infringing goods and Initiative to be detained in the daily supervision of the customs process .
The economic burden of the human rights of intellectual property right is light.According to General Administration of Customs on the implementation of measures "Regulations on Customs Protection of Intellectual Property Rights",in accordance with the Customs under the terms of the protection mode, the guarantee of intellectual property rights holders is Maximum not more than 100,000 yuan.If the human rights of intellectual property rights who have not previously filed, youcan not enjoy such treatment .must require to provide quivalent guaranteee of detained goods .
Can have an effect of deterrent on the infringer .Since the customs shall be confiscate infringing goods of import and export and given administrative punishment for enterprises of import and export ,Records for Customs of IP rights early, can produce deterrent effect on import and export of impunity for past infringement of those companies, prompting its consciously respect the intellectual property rights.In addition, some enterprises that can not maliciously export infringing products , also can through query record,to know whether its contract processing and goods of export may constitute infringement.
(一).Records for Customs protection of IP rights
1, the applicant filed an application name or the name of the content. Refers only to the patentee, the trademark owner, the copyright owner. Applicants nationality, license number, legal representative, legal address, contact name, mailing address. Intellectual Property Fact Sheet:
A.patentcase:Patentname,patent number,certificate number,the type of patent(inventions, utility models, appearance designl)period of validity, name of other rights holders , nationality, legal address.
B.trademarkcase:tradename,registrationnumber,trademarknature(good trademarks,service trademarks,other),the type of trademark(a registered trademark and international trademarks,well-known trademarks),registration authorities, period of validity ,commodity classification,approved use of goods.
C.copyrightcase:the title,author name, author nationality,type of works and the languages,first date,first countries or regions, copyright validity,copyright registration number, copyright registration authority,other rights holders name, country, legal address.Instructions concerning commercial secrets.Intellectual Property usage: name and specifications,commodity code(according to the CustomsTariff)and address of principal place of business.Intellectual property licensing situations:Licensee name,use,license term, the license files number.Intellectualpropertytradedescriptions,productphotos2.Basicinformation on the suspected infringing goods and the infringer's(including manufacturers,importers and exporters of infringing goods, mainly into the case and exit customs,the main features, price, etc.).Notarized power of attorney.
2,the record comes with a copy of the business license of intellectual property rights holder files or identity cards.Notarized copy of the certificate of intellectual property rights.Or a copy of the contract of assignment of intellectual property licensing contracts.
3, registration application of Customs protection Proposes to the Chinese General Administration of Customs.
(二), applying for intellectual property protection measures
1, the contents of the application of measures taken to protect the name of the application of intellectual property protection, customs registration number.Infringement suspects name, domicile, legal representative,principal place of business.The suspected infringing goods,specifications and other relevant circumstances.Suspected infringing goods entry and exit ports, time,means of transport,the consignee or consignor and other relevant circumstances. Related evidence of infringement .Measures taken by the Customs request.
2,the Customs can take measures when IPR holders found infringing products passing in and out customs ports,the customs seized directly.Customs found that the entry and exit of goods suspected of infringing intellectual property filed in the customs, the customs have the right to be detained.
(二)Benefits of applying for records for Customs protection of IP rights
records for Customs protection of IP rights ,is the intellectual property right holders in accordance with the"Regulations on Customs Protection of Intellectual Property Rights" would be the legal status of its intellectual property rights, the situation of the goods,infringement of intellectual property rights and the legitimate use of the import and export of goods in writing notify the General Administration of Customs,the import and export of goods to customs supervision in the process of implementation can take the initiativeon intellectual property protection.the advantages of records for Customs of IP rights as following :
Records for Customs of IP rights is a prerequisite that customs proactive protection measures .According to the "Regulations", the intellectual property rights holders if no prior record of intellectual property rights to the Customs,Customs found that the infringing goods will soon leave the country,have no right to take the initiative to suspend the import and export of infringing goods, have no right to investigate and deal with.
In order to find the infringing goods.Because at the time of filing intellectual property rights , you need to provide information about the legal situation of intellectual property rights,contact of human rights ,lawful use of intellectual property,the circumstances of the suspected infringing goods pictures and photographs,it is possible to find infringing goods and Initiative to be detained in the daily supervision of the customs process .
The economic burden of the human rights of intellectual property right is light.According to General Administration of Customs on the implementation of measures "Regulations on Customs Protection of Intellectual Property Rights",in accordance with the Customs under the terms of the protection mode, the guarantee of intellectual property rights holders is Maximum not more than 100,000 yuan.If the human rights of intellectual property rights who have not previously filed, youcan not enjoy such treatment .must require to provide quivalent guaranteee of detained goods .
Can have an effect of deterrent on the infringer .Since the customs shall be confiscate infringing goods of import and export and given administrative punishment for enterprises of import and export ,Records for Customs of IP rights early, can produce deterrent effect on import and export of impunity for past infringement of those companies, prompting its consciously respect the intellectual property rights.In addition, some enterprises that can not maliciously export infringing products , also can through query record,to know whether its contract processing and goods of export may constitute infringement.