Online Interview
Topic: Strengthening Customs IPR Enforcement to Protect Enterprise Innovation
Time:10:00 AM (Fri) April 25, 2014
Special Guests:Qiao Jinming, Party Leadership Group Member and Deputy Director General of Jiangmen Customs District; Liu Yang, Deputy Director of the Division of Regulations, Guangdong Sub-Administration of the General Administration of Customs
Online Interview Photos
Strengthening Customs IPR Enforcement to Protect Enterprise Innovation
[Wang Hua]: From your introduction, I know that some of infringing goods have been transferred to the Red Cross Society for public good. Mr. Qiao, would you please tell us how the Customs disposes the seized infringing goods? 04/25/2014 10:23:01
[Qiao Jinming]: According to relevant regulations, the confiscated infringing goods can be transferred to public interest organizations without charge or to the IPR holders with some charge. 04/25/2014 10:24:01
[Qiao Jinming]: For the confiscated infringing goods, which cannot be used for social welfare and the IPR holder is unwilling to purchase, the Customs can auction them after removing the infringement features. However, for imported goods with counterfeit trademark, except for special cases, the goods cannot be allowed to enter the commercial channels only with the trademark or logo being removed. If the infringement features cannot be eliminated, the Customs shall destroy the goods. 04/25/2014 10:24:33
[Qiao Jinming]: Because counterfeit goods are usually inferior in quality, Jiangmen Customs is always prudent in disposing of the infringing goods, for example, stricter inspection and quarantine are conducted. However, special cases require special disposal. For example, Shuikou fermented bean curd, which goes bad and contains high salinity, cannot be discarded arbitrarily as it will cause environmental pollution, so we entrusted Guanghe Fermented Bean Curd Factory to conduct harmless treatment, processing it into fodder with zero pollution. 04/25/2014 10:25:21
[Wang Hua]: In addition to confiscating infringing goods, how will the Customs punish the importer and exporter committing infringement? 04/25/2014 10:26:02
[Qiao Jinming]: If the Customs verifies the infringement acts of import and export enterprises, the Customs will confiscate infringing goods and fine the enterprises according to Regulations on Customs Protection of Intellectual Property Rights and Regulations on Customs Administrative Punishment. 04/25/2014 10:26:42
[Wang Hua]: Mr. Qiao, just now you talked about cracking down on infringements. It is also important to increase publicity, guide and foster enterprises to protect their IPRs. So what measures does Jiangmen Customs have in this regard? 04/25/2014 10:27:12
[Qiao Jinming]: You are right! Private enterprises in Jiangmen account for a large proportion in the foreign trade. However, most of them have low awareness and low investment in IPR protection, so it is very common for them to compromise or give up in IPR protection. Therefore, it is urgent to enhance their awareness of IPR protection. 04/25/2014 10:27:53
[Qiao Jinming]: According to the characteristics of private enterprises, we have visited and investigated the enterprises within Jiangmen Customs District, understanding their IPR status, to help them within the lawful scope. We give full play to industrial associations and intermediaries in supporting and guiding private enterprises by means of symposiums to work out ideas for private enterprises long-term development, which have received praises from the industries. 04/25/2014 10:28:33
[Qiao Jinming]: For example, DaChangJiang Motorcycle Group, a leading motorcycle manufacturer in China, initially didn’t pay much attention to patent registration, but registered its patent with the GACC soon after attending the activity we held on cases of infringing motorcycles. Take another example, in the activities of publicizing IPR laws among enterprises, we helped Jinling Electrical Appliance Co., Ltd., a key export-oriented enterprise in Jiangmen, with regional authorization of its trademark for export goods, so that it can make products in large quantity by order and deliver exports through customs clearance. 04/25/2014 10:29:05