Regulations on Customs Protection of Intellectual Property Rights Wikipedia card "State Council on Revising 's decision" has been March 17, 2010 the State Council executive meeting of 103, is hereby announced that since April 2010 January effect.
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Preface Contents Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter Contents Foreword interpretation Implementation Measures on amendments Edit this paragraph preface PRC State Council Order No. 572 (December 02, 2003 Day of the PRC State Council Order No. 395 released under the March 24, 2010, "the State Council on Revising 's decision" Amendment) Premier Wen Jiabao March 24, 2010 Edit Contents Chapter I Chapter II of this paragraph intellectual property filing Chapter detain suspected infringing goods and the processing of applications Chapter IV Chapter V Supplementary Liability [1] in order to implement Article first chapter on Customs Protection of Intellectual Property Rights to promote foreign trade and technological and cultural exchanges, safeguard the public interest, according to "China Customs Law," the enactment of this Ordinance. Article 2 The term IPR customs protection, refers to the relevant customs import and export goods and by the laws and administrative regulations to protect the trademark rights, copyright and rights related to copyright, patent (hereinafter referred to as knowledge property rights) implement protection. Third countries prohibit the import and export of goods infringing intellectual property rights. Customs in accordance with the relevant laws and provisions of this Ordinance enforcement of intellectual property protection, the exercise of "China Customs Law" stipulates that the relevant powers. Article intellectual property right requests the Customs enforcement of intellectual property protection, it should be submitted to the Customs application for protective measures. Article V of imported goods the consignee or his agent, export goods or his agent shall be in accordance with state regulations, truthfully declare to the Customs import and export goods related intellectual property rights situation, and submit the relevant supporting documents. Article customs enforcement of intellectual property protection, it should be conservative about the business secrets. Chapter II Article IPR holder may, in accordance with this Ordinance, its intellectual property rights to the General Administration of Customs for the record; apply for the record, it shall submit an application. The application shall include the following: (a) the name of intellectual property rights or personal name, place of registration or nationality; (two) intellectual property names, content, and related information; (three) of the IP rights; (four ) intellectual property rights of the legitimate exercise of intellectual property rights of the name, place of origin, entry - exit customs, import and export, main features, price, etc.; (five) known infringing goods manufacturers, importers and exporters, and out of position Customs, the main features, and prices. Contents of the application of the preceding paragraph with supporting documents, intellectual property right holders shall be attached to documents. Article VIII General Administration of Customs shall receive all the application documents within 30 working days to decide whether to grant the record and notify the applicant in writing; no record, it shall explain the reasons. One of the following circumstances, the Customs Department will not record: (a) the application documents are incomplete or invalid; (two) the applicant is not a person's intellectual property rights; (three) intellectual property no longer subject to the laws and administrative regulations to protect The. Article IX customs finds applications for intellectual property rights holders of intellectual property filing does not truthfully provide relevant information or documents, the Customs Department may revoke its registration. Article from customs protection of IPR Customs granted with effect from the date of filing for a period of 10 years. Effective intellectual property, intellectual property rights holders in customs protection of IPR before the expiry of six months, an application for renewal to the General Administration of Customs for the record. Each renewal of registration is valid for 10 years. Expiry of customs protection of IPR or intellectual property without the application for renewal no longer subject to the laws and administrative regulations to protect the, customs protection of IPR immediately lapse. Article XI of intellectual property filing circumstances change, the intellectual property right holder shall, from the date of change in 30 working days, the General Administration of Customs for the record change or cancellation procedures. Intellectual property rights holders in accordance with the preceding paragraph shall not apply to change or cancellation procedures, to others or legal import and export customs duties shall perform supervisory serious impact, the Customs Department can apply for revocation in accordance with relevant stakeholders on the record, you can also take the initiative to withdraw For the record. Chapter XII of intellectual property rights holders find the suspected infringing goods be imported or exported, you can position the goods out of the Customs to detain the suspected infringing goods applications. Article XIII of intellectual property right requests the Customs to detain the suspected infringing goods, it shall submit an application and related documents, and provide facts sufficient to prove infringement obvious evidence of the existence. The application shall include the following main elements: (a) the name of intellectual property rights or personal name, place of registration or nationality; (two) intellectual property names, content, and related information; (three) suspected infringing goods and the consignee The name of the consignor; (four) of the suspected infringing goods, specifications, etc.; (five) of the suspected infringing goods may enter or exit the port, time, transportation and so on. Record the suspected infringing goods suspected of infringing intellectual property rights, the application shall also include the Customs for the record number. Article XIV of intellectual property right requests the Customs to detain the suspected infringing goods, it shall provide to the Customs value of the goods does not exceed a guarantee for damages due to improper application may give the consignee or consignor damages, as well as pay for goods After detained by the customs warehousing, storage and disposal costs; intellectual property right holders directly to the warehouse are paying warehousing, storage costs, is deducted from the guarantee. Specific measures by the General Administration of Customs. Article XV of intellectual property rights to apply detain suspected infringing goods, in line with the provisions of Article 13 of the Statute, and in accordance with the provisions of Article 14 of the Ordinance to provide security, the Customs shall detain goods suspected of infringing intellectual property rights in writing people and customs detention warrant served on the consignee or consignor. Application of intellectual property rights holders detain suspected infringing goods, does not comply with the provisions of Article 13 of the Statute, or not in accordance with the provisions of Article 14 of the Ordinance to provide security, the Customs shall reject the application and notify the intellectual property rights of others. Article XVI Customs import and export goods are found to infringe intellectual property suspected of filing, it shall immediately notify the intellectual property rights of others. IP rights holders from the date of service of the notice three working days in accordance with the provisions of Article 13 of the Statute to apply, and in accordance with the provisions of Article 14 of the Ordinance to provide security, the Customs shall detain the suspected infringing goods, writing notify the IPR holders and customs detention warrant served on the consignee or consignor. Intellectual property rights holder fails to apply or not to provide security, the Customs shall detain the goods. Article XVII Customs approval, intellectual property rights and the consignee or consignor can view information about the cargo. Article XVIII consignee or consignor of people believe that the goods do not infringe the intellectual property rights of intellectual property, it shall submit a written explanation to the Customs and attach relevant evidence. Article XIX of goods suspected of infringing patents consignee or consignor considers that his goods do not infringe the patent, can provide goods to the Customs equivalent guarantees, request the Customs to release the goods. Intellectual property right holder fails to people's court within a reasonable time, the Customs shall refund the security deposit. Article XX Customs import and export goods are found to infringe intellectual property rights for the record and inform the suspect of intellectual property rights holders, the intellectual property right holder requests the Customs to detain the suspected infringing goods, Customs shall detain the date of 30 working days detained whether the goods suspected of infringing intellectual property rights infringement investigation, finds; can not be identified, it shall immediately notify the intellectual property rights of others. Article 21 The Customs detained goods suspected of infringing an investigation, the request for assistance IPR authorities, the relevant IP authorities shall provide assistance. IPR authorities dealing import and export goods customs infringement cases requests for assistance, the Customs shall provide assistance. Article 22 of the Customs detained suspected infringing goods and the circumstances survey, intellectual property rights and the consignee or consignor shall cooperate. Twenty-three people in the Customs IPR protection measures put forward an application, in accordance with the "PRC Trademark Law", "PRC Copyright Law," "Patent Law" or other relevant laws provides that the detained suspected infringing goods to the people's court for an order to stop the infringement or the preservation of property. Customs received People's Court ordered to stop infringement or preservation of property to assist the enforcement notice, shall provide assistance. Twenty-four of the following circumstances, the Customs shall release the detained suspected infringing goods: (a) Customs in accordance with the provisions of Article 15 of the Ordinance detain the suspected infringing goods detained since the date of 20 working days assist in the implementation has not received notice of the people's court; (two) Customs in accordance with the provisions of Article 16 of the Act detain the suspected infringing goods detained since the date of 50 working days to assist the people's court has not received an enforcement notice, and after investigation can not determine that the detained suspected infringing goods infringing intellectual property rights; (three) alleged patent infringement consignee or consignor of the goods to the Customs security equivalent to, the requesting customs clearance of their goods; ( four) Customs considers the consignee or consignor has sufficient evidence to prove that the goods do not infringe the intellectual property rights of intellectual property rights holders; (five) identified in the customs detained suspected infringing goods before the infringing goods, intellectual property rights holders withdraw detain suspected infringing goods applications. Article 25 of the Customs in accordance with the provisions of this Ordinance to detain goods suspected of infringing intellectual property right shall pay the warehousing, storage and disposal costs. Intellectual property rights holder does not pay the fee, the Customs may provide to the customs of their security deposit to be deducted, or require the guarantor to fulfill the guarantee obligations. Was identified as the suspected infringing goods infringing intellectual property rights, intellectual property rights holders can be paid for warehousing, storage and disposal costs are included to stop the infringement of its reasonable expenses paid. Article 26 Customs enforcement of intellectual property protection and suspected criminal cases, the case should be transferred to public security organs to deal with according to law. Chapter IV Article 27 suspected infringing goods detained by the Customs investigation found violations of intellectual property rights, the customs confiscation. Customs confiscated infringing goods after the goods infringing intellectual property rights shall notify in writing the relevant intellectual property rights of others. Confiscated goods infringing intellectual property rights may be used for public welfare, the Customs shall be communicated to the public institutions for social welfare undertakings; intellectual property rights holder wishes to purchase, the Customs may be transferred to intellectual property rights holders paid. Confiscated goods infringing intellectual property rights can not be used for public welfare and not wish to acquire intellectual property rights, the Customs may eliminate the infringing features in law after the auction, but the import of counterfeit trademark goods, except in special circumstances, not just clear the goods brand identity that allows it to enter the channels of commerce; infringing features can not be eliminated, the Customs shall be destroyed. Article 28 Customs Protection of Intellectual Property filing and acceptance of intellectual property protection measures taken by the application, because of intellectual property rights can not provide precise circumstances failed to find infringing goods, failure to take protective measures or inadequate measures taken to protect, by the Intellectual Property Rights shall bear responsibility. Intellectual property right requests the Customs to detain the suspected infringing goods, the Customs can not determine that the detained goods suspected of infringing intellectual property rights infringement of intellectual property rights holders, or people's court judgment of non-infringement of intellectual property rights holders of intellectual property rights, intellectual property rights shall legally liable for damages. Article 29 The import or export of goods infringing intellectual property rights, constitutes a crime, be held criminally responsible. Article 30 The customs officers in the implementation of intellectual property rights protection, dereliction of duty, abuse of power, corruption, constitutes a crime, be held criminally responsible; does not constitute a crime, shall be given administrative sanctions. Chapter V Article 31 carried by individuals or mailed entry and exit of goods, beyond use, in reasonable quantity, and a violation of Article II of this Ordinance intellectual property rights, in accordance with the infringing goods handling. Article 32 of its intellectual property rights holders of intellectual property to the General Administration of Customs for the record, it should be paid in accordance with the relevant provisions of filing fees. Article 33 of the Ordinance since March 1, 2004 into effect. July 5, 1995 the State Council issued the "Regulations on Customs Protection of Intellectual Property Rights" shall be repealed simultaneously. Edit this paragraph Implementation Measures Preface Customs of the People 'Republic of China on Customs Protection of Intellectual Property Rights "means of implementation (" Customs of the People Implementation Measures "was in 2009 2 17 May by General Administration of Customs meeting examined and adopted, since July 1, 2009 shall come into force.) [2] Contents Chapter I Chapter II Chapter III of intellectual property by filing for Chapter detain ex officio investigation Cargo handling and processing costs Chapter Chapter VI Supplementary Provisions Chapter Article In order to effectively implement the "Regulations on Customs Protection of Intellectual Property Rights" (hereinafter referred to as "Regulations"), according to "China Customs Law" and other laws administrative regulations, the development of this approach. The second intellectual property right holder requests Customs to take measures to protect intellectual property rights or to the Customs General Administration of customs protection of IPR handling of domestic intellectual property rights holder either directly or entrust domestic attorney, foreign intellectual property right shall by offices established in the territory or the territory entrusted to an agent to apply. Intellectual property rights in accordance with the preceding paragraph shall apply an agent entrusted territory, it shall issue a power of attorney prescribed format. Article intellectual property rights and their agents (hereinafter referred to as intellectual property rights holder) requests the Customs to detain suspected infringing goods be imported or exported, it shall be in accordance with the relevant provisions of the Customs Measures to detain the suspected infringing goods applications. Article consignee and consignor or his agent (hereinafter referred to as the consignor or consignee) shall within a reasonable understanding of their import and export goods IPR situation. Customs import and export goods declaration required intellectual condition, consignee or consignor shall within the period specified in the customs declaration customs truthfully and submit relevant supporting documents. Article intellectual property right holder or consignee or consignor of the relevant documents submitted to the customs or evidence involving trade secrets, intellectual property rights holder or consignee or consignor shall explain in writing to the Customs. Customs enforcement of intellectual property protection, the parties concerned shall keep business secrets, but customhouse shall, except for information disclosure. Chapter II Article intellectual property rights holders to the Customs Department for customs protection of IPR, it shall submit an application to the General Administration of Customs. The application shall include the following: (a) the name or IP holder names,Sale Nike Mercurial 2013 Vapor VIII Superfly Fourth TRX FG CR White Blue Soccer Shoes , registration or nationality, address, contact name, telephone and fax numbers, e-mail address. (Two) the name of a registered trademark, approved the use of the product categories and trade names, trademarks, graphics, registration is valid, registered trademark transfer, change, renewal, etc.; title of the work, time for completion of its creation, the work of the categories, Artwork Image , work assignment, change, etc.; patent name, type, date of application, patent transfer, change and so on. (Three) the licensee's name, license merchandise, licensing deadlines. (Four) the lawful exercise of intellectual property rights holders of intellectual property rights the name, place of origin, entry - exit customs, import and export, main features, and prices. (Five) known infringing goods manufacturers, importers and exporters, customs entry or exit, the main features, and prices. IPR holders shall record on his application for each submit a separate application for an intellectual. IPR holders apply for international trademark registration, it shall be the application of each type of commodity submit a separate application. Article IPR holders filed an application submitted to the General Administration of Customs, shall be accompanied by the following documents, the evidence: (a) intellectual property rights holders a copy of personal identification documents, a copy of business license or other registration documents photocopy. (Two) the State Council administrative department for industry and commerce and Trademark Office issued a "Trademark Registration" copies. Change approved applicant for trademark registration matters, trademark registration renewal, transfer registered trademarks or registered trademarks of filing the international application shall also be submitted to the State Council administrative department for industry and commerce and Trademark Office issued by the relevant trademark registration certificate; copyright registration authority of the copyright of voluntary copy of registration certificate and certified by the copyright registration department works photos. The applicant does not carry on a voluntary copyright registration, the applicant submitted the copyright holder can prove that the works of samples and other evidence relating to copyright; patent administration department under the State Council issued a copy of the patent certificate. Patents from the date of the announcement more than one year shall also submit the patent administration department applicant filed within six months prior to the application issued by the Patent Register copies; application for utility model patent or design patent filing, it shall also submission made by the patent administration department under the State Council's patent evaluation report. (Three) intellectual property rights holders to authorize others to use the registered trademark, copyright or patent, signed a license contract, to provide a copy of the license contract; not signed a license contract, submit the licensee, and the license period and so the scope of written instructions. (Four) the legitimate exercise of intellectual property intellectual property rights holder of the goods and their packaging photos. (Five) known evidence of import and export of infringing goods. Intellectual property rights holders and others have infringement dispute between the people's court or the competent department of intellectual property shall also submit a copy of the relevant legal instruments. (Six) General Administration of Customs or other documents required to submit evidence. Intellectual property rights under the preceding paragraph shall be submitted to the General Administration of Customs documents and evidence shall be complete, true and valid. Relevant documents and evidence as a foreign language, a Chinese translation shall be attached. Customs deems necessary, may require the intellectual property rights holders to submit the relevant documents or evidence, notarization, authentication instruments. Article VIII of intellectual property rights holders to apply for Customs IPR customs protection filing or re-filing after the failure of the General Administration of Customs for the record, shall pay filing fees. IPR filing fee shall be remitted through the bank account designated by the Customs General Administration. Filing fees charged by the Customs General Administration, it shall issue a receipt. Standard filing fee charged by the Customs Department in conjunction with the national authorities separately formulated and made public. Intellectual property rights to apply for registration renewal or change, no longer need to pay the filing fee. Intellectual property rights holders in the General Administration of Customs approved or withdrawn before filing its application for filing application is rejected, the General Administration of Customs shall refund the filing fee. Filing has been approved by General Administration of Customs General Administration of Customs canceled, revoked or invalid for other reasons, have to pay filing fee is not refundable. Article IX customs protection of IPR customs approval with effect from the date of filing for a period of 10 years. Since the effective date of filing the validity of intellectual property rights less than 10 years, the validity of the record to the validity of intellectual property rights prevail. "Regulations" before the implementation of the approved by the General Administration of Customs approved the renewal of the record or the record is valid upon the original validity period. Article in customs protection of IPR before the expiry of six months, IP rights holders can renew the General Administration of Customs filing a written application with the following documents. General Administration of Customs shall receive all documents from the date of the renewal application within 10 working days to make the decision whether to grant the renewal and notify the intellectual property right holder; not renewed, it shall explain the reasons. Renewal of registration shall be valid expiration of the last registration day starting a period of 10 years. Intellectual property rights are valid from the last record from the day after the expiration of less than 10 years, the validity of the renewal filing the validity of intellectual property rights prevail. Article XI customs protection of IPR after approval by the General Administration of Customs, in accordance with Article 6 of the contents of the application submitted to the customs changed, the intellectual property right holder shall, from the date of the change occurred within 30 working days Customs Department's proposed changes to filing an application with the following documents. Article XII before the expiry of intellectual property in the record no longer subject to the laws and administrative regulations to protect intellectual property is transferred or record, the original intellectual property right holder shall, for the record no longer subject to intellectual property laws, administrative regulations or the transfer of effective protection 30 working days from the date of the General Administration of Customs within canceled customs protection of IPR application and accompanying documents. Intellectual property rights holders to give up in the filing period for the record, you can apply for cancellation of the General Administration of Customs for the record. Measures 11 and not in accordance with the provisions of the preceding paragraph apply to the Customs General Administration of change or cancellation of the record, to others a serious impact on the legal import and export, the Customs Department, or can take the initiative to apply for cancellation in accordance with relevant stakeholders on IP filing. Customs off the record, it shall notify the relevant intellectual property right holders, customs protection of IPR Customs canceled from the date of lapse. Article XIII General Administration of Customs under the "Regulations" provisions of Article IX revocation of customs protection of IPR, it shall notify the intellectual property rights of others. Customs revocation filed, intellectual property rights holders since the record was revoked for one year from the date of filing of the intellectual property rights to be revoked once again for the record, the Customs Department can not be accepted. Article 14 of Chapter III of intellectual property rights holders suspected infringing goods be imported or exported and requires Customs to detain, and should be based on the "Regulations" the provisions of Article 13 of the Customs to the goods out of position to submit an application. General Administration of Customs on intellectual property is not filed, intellectual property rights holders should also be included with the first paragraph of Article VII Measures (a), (b) provides that documents evidence. Intellectual property right requests the Customs to detain the suspected infringing goods shall also be submitted to the customs enough to prove the fact of infringement clear evidence of the existence. Evidence submitted by intellectual property rights, should be able to prove the following facts: (a) request the Customs to detain the goods be imported or exported; (two) the unauthorized use of the goods on the infringement of its trademark rights of trademark, copyright or implemented its patents. Article XV of intellectual property right requests the Customs to detain the suspected infringing goods, it shall, within the period prescribed by the Customs Customs to provide the equivalent value of the goods. Article XVI of intellectual property rights on the application does not comply with the provisions of Article 14 hereof, or not in accordance with the provisions of Article 15 to provide security, the Customs shall reject the application and notify the intellectual property rights of others. Article XVII Customs to detain the suspected infringing goods, the goods shall be the name, quantity, value, consignor or consignee name, date of import and export declaration, the customs detain written notice of the date, etc. IPR holders. Approved by the Customs IPR holders can view the goods held in customs. Article XVIII Customs detain the suspected infringing goods from the date of 20 working days, the people's court assistance received written notice of the seizure of the goods shall be assisted; did not receive notice of seizure or the People's Court to assist the customs IPR holder release of the goods, the Customs shall release the goods. Article XIX Customs to detain the suspected infringing goods, it shall detain the suspected infringing goods detained voucher consignees or consignors. Approved by the Customs, the Customs to detain the consignor or consignee of the goods can view. Article XX consignor under the "Regulations" the provisions of Article 19 request for the release of their detained by Customs goods suspected of infringing patents, it shall submit a written application to the customs value of the goods and provide the guarantees. Consignor or consignee requests the Customs clearance of goods suspected of infringing patent rights, in line with the preceding paragraph, the Customs shall release the goods and notify the intellectual property rights of others. Intellectual property rights in respect of a patent infringement dispute related to the people's court, it should be specified in the preceding customs from the date of written notice within 30 days submit to the Customs of the People's Court accepted the case of a copy of the notice. Chapter Twenty-one implementation of import and export goods customs supervision, found that import and export goods involving intellectual property rights in the General Administration of Customs and the import and export manufacturer or supplier does not use such intellectual property cases filed in the General Administration of Customs, may require the consignor to declare the goods within the stipulated period of intellectual property rights situation and to submit relevant documents. Consignor or consignee of goods not in accordance with the preceding paragraph shall declare intellectual status by submitting the relevant documents or customs reason to believe that the goods suspected of infringing intellectual property rights in the General Administration of Customs, the Customs shall suspend the release of goods and notify the IPR holder. Article 22 of the intellectual property right holder shall the provisions of Article 21 of the Customs from the date of service of the notice in writing within 3 working days to reply in accordance with the following provisions: (a) that the goods infringe its Customs Intellectual Property Department filing and require Customs to detain the Customs to detain the suspected infringing goods in accordance with a written application to Article 23 or Article 24 of the guarantee; (two) that the goods do not infringe its intellectual property rights in the General Administration of Customs for the record, or do not require Customs to detain the suspected infringing goods, the Customs in writing the reasons. Approved by the Customs IPR holders can check the goods. Twenty-three of intellectual property rights under this Article 22, paragraph (a), paragraph requests the Customs to detain the suspected infringing goods, the following provisions shall be in accordance with the guarantees provided to the Customs: (a) less than the value of goods 20,000 yuan, and provide the equivalent value of the goods; (two) the value of goods for the 20,000 to 200,000 yuan, and provide the equivalent of 50% of the guaranteed value of the goods, but the guarantee amount shall not be less than 20,000 yuan; (three) the value of goods of more than 200,000 yuan, 100,000 yuan to provide a guarantee. Intellectual property rights under this Article 22, paragraph (a), paragraph requests the Customs to detain goods suspected of infringing trademark rights, and can be based on the provisions of Article 24 of this approach to the General Administration of Customs General guarantee. Article 24 of the General Administration of Customs filed trademark rights of intellectual property rights holders, approved by the General Administration of Customs General Administration of Customs can be submitted to the bank or non-bank financial institution bonds issued by its trademark rights to the Customs for Customs protection measures provide a total guarantee. Overall guarantee amount shall be equal to the previous year IPR holders apply to the customs detain the suspected infringing goods occurring after the warehousing, storage and disposal expenses and; intellectual property rights holders in the previous year did not apply to the customs detain the suspected infringing goods or warehousing, storage and disposal costs less than 200,000 yuan, the total guarantee amount of RMB 200,000 yuan. Customs Administration approved its use since the total guarantees to December 31 that year, intellectual property rights holders under the "Regulations" provisions of Article XVI requests Customs to detain the suspected infringement has been filed at the GAC's trademark rights into exports of goods, need not provide guarantees, but not in accordance with intellectual property rights holders "Regulations" provisions of Article 25 of the payments, or not in accordance with the "Regulations" the provisions of Article 29 liability, the General Administration of Customs notification obligations under guarantees issued by the guarantor, except. Twenty-five of intellectual property rights under this Article 22, paragraph (a) apply the provisions of subparagraph and according to Article 23, the provisions of Article 24 to provide security, Customs shall detain the suspected infringing goods and notify the intellectual property rights holder; intellectual property rights holder does not apply or is not providing security, the Customs shall release the goods. Article 26 of the Customs to detain the suspected infringing goods, it shall detain the suspected infringing goods detained voucher consignees or consignors. Approved by the Customs, the Customs to detain the consignor or consignee of the goods can view. Article 27 of the Customs to detain the suspected infringing goods, it shall on the suspected infringing goods and other relevant circumstances to investigate. Consignor and intellectual property rights holders should be with the Customs investigation, truthfully provide relevant information and evidence. Customs to investigate the suspected infringing goods may request the competent authorities relating to intellectual property advice. Intellectual property rights holders and the consignor or consignee on Customs to detain the suspected infringing goods agreement, a written application to the Customs and attaching the relevant agreement requiring lifting of customs detain the suspected infringing goods, the customs in addition to that alleged to constitute a crime, the investigation may be terminated . Article 28 of the Customs detain the suspected infringing goods to investigate, can not confirm whether the goods infringe on intellectual property rights, it shall detain the suspected infringing goods within 30 working days after written notice of intellectual property rights and the consignor . Customs can not determine whether the goods infringe on a patent, the consignor or consignee to provide the equivalent value of the goods to the customs guarantee, you can request the Customs to release the goods. Customs agreed to release the goods, in accordance with the Article 20 paragraphs 2 and 3 regulations. Article 29 Customs can not determine whether the goods infringe their intellectual property rights, intellectual property rights holders according to the "Regulations" provisions of Article 23 to the people's court for an order to stop the infringement or the preservation of property. Customs detain the suspected infringing goods from the date of 50 working days of receipt of the goods seized the people's court to assist in writing, and shall provide assistance; assistance did not receive notice of seizure or the People's Court of intellectual property rights holders about the customs clearance of goods, Customs shall release the goods. Article 30 Customs confiscated infringing goods made the decision, it shall notify in writing the following known IPR holder: (a) the name and quantity of infringing goods; (two) the name of the consignor or consignee; (three) infringing goods Date import declaration, the customs detain the date and the effective date of the decision on punishment; (four) of the infringing goods and which are brought to the place of consignment; (five) Customs can provide other relevant circumstances infringing goods. People's court or the competent department of intellectual property infringement disputes between the parties concerned, the need to assist the transfer of customs evidence relating to import and export goods, the Customs shall provide assistance. Article 31 of the Customs personally or sent find entry and exit of goods suspected of infringing the "Regulations" Article II of intellectual property and beyond the use, in reasonable quantities, should be detained, but the passenger or closing the sender to the customs declaration give up and approved by the Customs otherwise. Customs investigations infringing intellectual property rights holders shall provide assistance. Entry and exit of passengers or closing message entry and exit Customs detained the sender that the item is not an infringement of intellectual property or are for personal use, you can explain the situation to the Customs in writing and provide the relevant evidence. Article 32 The import and export of goods or items into the country by the Customs investigation found violations of intellectual property rights, according to the "Regulations" Article 27, paragraph twenty-eight provisions shall be confiscated by the Customs, but the parties can not be checked clear, the announcement issued by the Customs from the date of full three months after confiscated by customs. Import and export violations are criminal suspects, the Customs shall transfer the public security organs. Chapter V Article 33 confiscation of infringing goods, the Customs shall be disposed of in accordance with the following provisions: (a) the goods can be directly used for public welfare or the IPR holder wishes to purchase the goods forwarded to the relevant public institutions used for public welfare or paid transfer to intellectual property rights holder; (b) the goods can not be in accordance with subsection (a) and subparagraph disposal infringing features can be eliminated, according to law after removing the infringing features auction. The proceeds turned over to the state treasury auction of the goods; (three) the goods can not be in accordance with subsection (a), (b) provides for disposal, should be destroyed. Customs auction of infringing goods, shall solicit the views of the relevant intellectual property rights holders. Customs destruction of infringing goods, intellectual property right shall provide the necessary assistance. For public agencies will Customs confiscated infringing goods for social welfare undertakings, and intellectual property rights holders to accept the destruction of infringing goods entrusted to the Customs, the Customs shall make the necessary supervision. Article 34 Customs to assist the people's court or the release of detained suspected infringing goods detained goods, intellectual property rights holders should pay for the goods in the customs warehousing period of detention, custody and disposal costs. Customs confiscated goods infringing intellectual property rights shall detain the goods at the customs storage time after the actual payment of warehousing, storage and disposal costs. However, since the confiscation of infringing goods, the Customs service of the consignor or consignee of the decision within three months from the date of disposal of the goods can not be completed, and not due to the consignor or consignee apply for administrative reconsideration, administrative litigation or other disposition of the goods special causes , intellectual property rights holders do not pay 3 months after the related costs. Customs in accordance with the Article 33, paragraph (b), the provisions of the infringing goods auction, auction fee expenses in accordance with the relevant regulations. Article 35 IPR holder is not in accordance with the provisions of Article 34 to pay the fee, the customs of people from the intellectual property rights of the deposit submitted deduct the fees or require the guarantor under the guarantee obligations. Customs confiscated infringing goods, the goods shall be completed and disposal costs related to the settlement of intellectual property rights holders refundable security deposit or a guarantor liability release. Customs to assist the people's court or the suspected infringing goods seized under the "Regulations" Article 24 (a), (b), (four) subparagraph release the detained goods, the consignee or consignor of intellectual property rights can provide guarantees to the people's court for property preservation. Customs seized from assisting the people's court or the release of goods suspected infringing goods from the date of 20 working days, not received the People's Court on the guarantee provided by the IPR holder property preservation measures taken to assist in the enforcement notice, the Customs shall apply to intellectual property rights refund the security deposit or a guarantor liability release; receive assistance in execution of the People's Court, the Customs shall assist in the implementation. Article 36 of the Customs in accordance with the "Regulations" provisions of Article XIX release the detained goods suspected of infringing patents, the intellectual property right holder in accordance with the provisions of paragraph 3 of Article 20 People's Court submitted to the customs case a copy of the notice, the Customs shall, according to the people's court verdict processing deposit submitted by the consignor or consignee; intellectual property rights does not submit a photocopy of the notification People's Court accepted the case, the Customs shall refund submitted by the consignor or consignee guarantees. Intellectual property rights on the guarantee provided to the customs, the consignee or consignor to the people's court for property preservation, the Department has not received the people's court for intellectual property rights holders to provide property preservation measures taken to guarantee the assistance of an enforcement notice, it shall deal deposit submitted by the consignor or consignee from the date of 20 working days to refund the security of intellectual property rights holders guarantor liability or dissolution; receive assistance in execution of the People's Court, the Customs shall assist in the implementation. Chapter VI Article 37 The Customs reference to the way the Olympic flag and the World Expo marks the implementation of protection. Article 38 In this approach, the "security" means a security deposit, a bank or non-bank financial institutions guarantee. Article 39 The present Measures value of the goods by the customs to the transaction price of the goods to determine the basis of the review. Transaction price can not be determined, the value of goods assessed by the Customs according to law. Article 40 These Measures Article 17 twenty-one, twenty-eight customs regulations written notice may be taken direct, mail, fax or other means delivery. Article 41 (3) and Article 20 of the first paragraph of Article 22 of the Customs written notice period from the date following the date of calculation. The closing date shall be determined as follows: (a) intellectual property rights holders through the post office or bank documents submitted to the customs or provide guarantees to the expiration of 24 pm; (two) when facing the Customs IPR holders to submit documents or provide security to the expiration date for the end of normal working hours customs. Article 42 Intellectual Property Rights and the consignor or consignee under this approach submit the relevant documents to the Customs copy, a copy shall be checked with the original documents. The verification shall, after the copy the word "identical with the original," the words and signatures to be recognized. Article 43 These Measures July 1, 2009 shall come into force. May 25, 2004 General Administration of Customs Decree No. 114 published in "China Customs on the implementation of measures" shall be repealed simultaneously. Edit this paragraph interpretation Customs interpretation of the revised Regulations on Customs Protection of Intellectual Property Rights China March 24, 2010, Premier Wen Jiabao signed a State Council Decree No. 572, published the "State Council on Revising 's decision "(hereinafter referred to as the" Decision "), since April 1, 2010 into effect. "Decision" for customs protection of intellectual property rights in recent years, the emergence of new situations and new problems, from the five aspects of December 2, 2003 The People's Republic of China State Council Decree No. 395 published "Regulations on Customs Protection of Intellectual Property Rights" ( hereinafter referred to as "Regulations") were amended to further improve the legal system of customs protection of intellectual property in order to continue to enhance the level of China's customs protection of intellectual property law has laid a good foundation. The first, with regard to change, cancellation intellectual property filing requirements. "Decision" The first involves two changes: one, on the need to change or cancellation procedures for filing the case. Revision: The original "regulations" need to change or cancellation procedures for filing the case as "the record of intellectual property circumstances change", that is, only the record of intellectual property itself happens changed, only need to apply change or cancellation procedures, but in fact many of filing the application content, such as human rights or names, contact information, intellectual property licensing status, etc., are also a serious impact on customs protection of intellectual property, including the contents of any one occurrence changes, intellectual property rights holders should be obliged to promptly inform the customs. Therefore, the "decision" to "change the record of the case of intellectual property rights" to "intellectual property rights for the record happens to change." Application: According to this modification, the General Administration of Customs of the intellectual property right holders, in addition to filing intellectual property rights themselves need to change in time for the change or cancellation procedures, the rights of people and their contact information, intellectual property licensing, etc. occur changes should also apply to the GAC timely change or cancellation of registration procedures. 2, on the change or not in accordance with the regulations of the legal consequences of cancellation procedures. Revision: The original "Regulations" provides only intellectual property rights holder shall promptly report to General Administration of Customs for the record change or cancellation procedures, but does not provide timely and relevant procedures should not bear the legal consequences, likely to cause people fail to comply with the relevant intellectual property rights obligation situation. To reduce the intellectual property right holder is not timely filing change or cancellation procedures to legitimate cargo clearance delays normal circumstances, to ensure that customs clearance at the port situation of increasing pressure to achieve "keep things under control, pass quickly," the regulatory objectives, rights holders to avoid untimely filing change or cancellation procedures to IPR protection a negative impact on intellectual property rights holders to actively supervise legal obligations, "decision" in the "Regulations" Article XI as the addition of a second paragraph provides that "intellectual property rights holder fails to comply with the preceding paragraph change or cancellation procedures, to others or legal import and export customs duties shall perform supervisory serious impact, the Customs Department can apply for revocation in accordance with relevant stakeholders on the record, You can also take the initiative to revoke the record. "Application: According to this modification, if the intellectual property filing the situation has changed, and the intellectual property right holder fails to comply with provisions of the timely filing change or cancellation procedures, if any, evidence of lawful import or to others Customs will carry out its regulatory responsibilities seriously affect the relevant interested party may apply to the Customs General Administration revoked the record, General Administration of Customs also, on its initiative to revoke the record. Second, regarding the application of the legal basis for the determination of property preservation issues. Original "Regulations" provisions of Article 23, paragraph 1 of intellectual property rights holders can only follow the "PRC Trademark Law", "PRC Copyright Law" or "PRC Patent Law," in the prosecution before the detained suspected infringing goods to the people's court for an order to stop the infringement or the preservation of property. Given the current People's Court made a determination based on the preservation of property not limited to "PRC Trademark Law", "PRC Copyright Law" and the "PRC Patent Law," should also be based on other relevant substantive and procedural aspects of the law, Therefore, the "decision" in the "Regulations" the legal basis of Article 23 adds "or other relevant laws" in order to enhance the applicability of that provision. Third, with regard to protection of the right to withdraw the application requirements. Modify the situation: in the customs law enforcement practices, often encountered in the Customs IPR holder wishes to apply for withdrawal of the infringing goods detained by the situation,2013 Football Boots Soccer Cleats Shoesadidas F50 adizero Leather TRX TF 2012 Black Red Yellow , but the original "Regulations" How should this not explicitly deal with customs. Taking into account intellectual property is a private right, the right of the allegedly infringing goods have the right to authorize ratification, therefore, the customs enforcement practice in principle, should be allowed to apply for the right to withdraw detained. "Decision" this to be a clear, in the "Regulations" Article 24 to increase one as the first (five), which requires that "identified in the customs detained suspected infringing goods before the infringing goods, intellectual property rights holders to withdraw detained Application of suspected infringing goods, "Customs shall release the detained suspected infringing goods. Application: According to this modification, intellectual property rights holders in the Customs to detain the suspected infringing goods, the right to make the goods in the customs form Infringement conclusions, presented to the Customs to withdraw its application for detention of the goods, the customs rights holders received during this period withdraw detain suspected infringing goods, the applicant shall release the detained suspected infringing goods. Meanwhile, in order to prevent the abuse of rights holders the right to withdraw the application, affecting administrative enforcement order or prejudice the legitimate interests of the consignor or consignee,Online discount stores On Sale Nike Roshe Run Women Orange Blue shoes , for the right person to make the goods in the customs form Infringement conclusions made after the withdrawal application, the customs will not be accepted. . Article, the provisions regarding the auction of infringing goods. Revision: The original "Regulations" third paragraph of Article 27 of the Customs confiscated infringing goods processing methods and order, according to the regulations, whether import or export of infringing goods, whether the goods infringe the trademark rights, copyright or copyright-related rights, or patent infringement, the customs are taken sequentially transferred to the relevant public institutions for social welfare undertakings or paid transfer of intellectual property rights holders to eliminate infringing features law after the auction, destruction disposal measures. The "WTO Agreement on Trade-Related Aspects of Intellectual Property Rights" (TRIPS) Article 46 provides that "customs import disposal of confiscated counterfeit trademark goods, unless an exception, just enough to make it clear to trademark infringement entering commercial channels" that is imported counterfeit trademark goods into the channels of commerce issues, TRIPS also made restrictive requirements. Although the "Regulations" has been specified in the auction requires prior elimination of infringing goods infringing features, but in order to make "regulations" the relevant provisions of the TRIPS closer representation, "decision" in the "Regulations" Article27 increased after the auction law "But on the import of counterfeit trademark goods, except in special circumstances, not only the trademark on the goods cleared allowing its entry into the channels of commerce." Application: According to this modification, the future disposal of the other infringing goods at customs when you can still be taken sequentially transferred to the relevant public institutions for social welfare undertakings or paid transfer to intellectual property rights holders to remove infringing features law after the auction, destruction disposal measures . For auction imported counterfeit trademark goods, Customs will continue to take strict conditions. Article on entry and exit of individuals or sent infringing articles deal with the problem. Modify situations: For individuals or sent into the country more than for personal use, a reasonable amount of infringing goods, the original "Regulations" Article 28 only requires that the customs confiscation. Which on the one hand does not provide for the confiscation proceedings should be applicable to what the other "China Customs Regulations on Administrative Punishment" (hereinafter referred to as "Penalties") Article 25 and 164 of the regulations, personally or sent infringing goods into the country, beyond the personal use reasonable quantity, should be regarded as infringing goods, and import and export of infringing goods, in addition to confiscation of infringing goods, it should also be fined. In order to clarify the customs entry and exit of individuals or sent infringing goods handling procedures and legal responsibilities, "decision" to "Regulations" Article 28 "carried by individuals or mailed entry and exit of goods, beyond use, in reasonable quantity, and a violation of the intellectual property rights under Article II of the Ordinance, the customs confiscation. "to" personal carry or mail entry and exit of goods, beyond use, in reasonable quantity, and a violation of Article II of this Ordinance intellectual property, deemed an infringement goods. "applies: According to this modification, for individuals or sent into the country than for personal use, a reasonable amount of infringing goods, Customs will apply for the import and export of goods infringing IPR customs protection program, namely the Customs to detain the suspected infringing goods, you need to right application is made. Involving intellectual property rights have been filed in the General Administration of Customs, the Customs may take the initiative on its own protective measures, identify the goods by the customs investigation constitute infringement, the customs in addition to confiscation of the infringing goods, but also on the parties in goods worth 30% of the fine. [3] Edit this paragraph amended March 17, 2010 the State Council executive meeting of 103 of the "State Council on Revising
's decision", since April 1, 2010 into effect. State of the "Regulations on Customs Protection of Intellectual Property Rights" modified as follows: First, the Article 11 is amended as follows: "Intellectual Property filing circumstances change, the intellectual property right holder shall change the date 30 days , the General Administration of Customs for the record to change or cancellation procedures. "intellectual property rights holder in accordance with the preceding paragraph shall not apply to change or cancellation procedures, to others or legal import and export customs duties shall perform supervisory serious impact, according to General Administration of Customs for the revocation of the relevant stakeholders on the record, you can also take the initiative to revoke the record. "Second, the first paragraph of Article 23 is amended as:" Intellectual property rights holders to the Customs after the application of protective measures, in accordance with the "PRC Trademark Law", "PRC Copyright Law," " Patent Law "or other relevant laws on the detained suspected infringing goods to the people's court for an order to stop the infringement or the preservation of property. "Three, Article 24 is added as the first (five) items:" detained at customs identified as infringing goods suspected of infringing goods before, intellectual property rights holders to withdraw detain suspected infringing goods applications. "Fourth, the third paragraph of Article 27 is amended as:" the confiscated goods infringing intellectual property rights can be used for public welfare, the Customs shall be communicated to the public institutions for social welfare undertakings; intellectual property rights holders have acquired wishes, the Customs may be transferred to intellectual property rights holders paid. Confiscated goods infringing intellectual property rights can not be used for public welfare and not wish to acquire intellectual property rights, the Customs may eliminate the infringing features in law after the auction, but the import of counterfeit trademark goods, except in special circumstances, not just clear the goods brand identity that allows it to enter the channels of commerce; infringing features can not be eliminated, the Customs shall be destroyed. "Five, Article 28 to Article 31 will be amended as:" Individuals carrying or mailing the entry and exit of goods, beyond use, in reasonable quantity, and a violation of Article II of this Ordinance intellectual property rights, in accordance with infringing goods handling. "In addition, the provisions of the order be adjusted accordingly. [3]
