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
[Liu Yang]: Thank you for recognizing our efforts! IPR enforcement requires cooperation between the Customs and enterprises. 04/25/2014 10:57:27
[Netizen: Mi Feng 333]: Our export goods are printed with a trademark, but we did not find it registered in the Customs IPR enforcement system. Will our exports be likely to infringe on certain IPR? 04/25/2014 9:59:50
[Liu Yang]: According to laws and regulations such as the Regulations on Customs Protection of Intellectual Property Rights, the Customs protects IPRs of all the trademarks protected by China law. Customs IPR enforcement is divided into active protection and passive protection. For IPRs registered with the Customs, the Customs will actively give protection. If the trademark is not registered with the Customs, the right holder can also apply for customs protection according to regulations. Though you did not find the trademark registration in the Customs IPR enforcement system, the risk of IPR infringement still exists. I suggest that you go to inquire for domestic registration of that trademark before export. Thanks! 04/25/2014 10:57:55
[Netizen: An Enterprise]: I have registered in the Customs IPR enforcement system, but have forgotten the username and password. How can I retrieve them? 04/25/2014 9:57:56
[Liu Yang]: You may send an e-mail to ipr@customs.gov.cn for consultation. The Customs will give you a reply timely. 04/25/2014 10:58:18
[Netizen: Qi Ren You Tian]: Our imported and exported goods are authorized by the right holder, but have not been registered with GACC. How do we declare to the Customs?
[Liu Yang]: What you described is relatively general. There are different rules for particular cases. I suggest you’d better to consult with the Customs at the place of entry or exit of your goods for your specific case. Thanks! 04/25/2014 10:58:52
[Netizen: spr]: If imported and exported goods involve intellectual property rights, is an authorization needed? 04/25/2014 9:19:14
[Qiao Jinming]: According to the Regulations of the People’s Republic of China on Customs Protection of Intellectual Property Rights, “Consignee or its agent for imported goods or consignor or its agent for exported goods shall truthfully declare status quo of intellectual property rights concerning imported/exported goods to the Customs according to national regulations, and submit relevant certificates.” Therefore, if imported and exported goods involve intellectual property rights, legitimate and valid certificates for use of the trademark shall be provided. The certificates include the authorization document for use of the trademark authorized by the domestic trademark holder and other documents which can prove the goods are under legal authorization. 04/25/2014 10:59:32
[Netizen: Enterprise in Huangpu]: If an enterprise finds that its proprietary intellectual property rights are illegally used by other enterprises in the process for import and export of goods, what shall the enterprise do? 04/25/2014 9:20:33