Ten questions and ten answers on the record of Customs protection of intellectual property rights-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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Ten questions and ten answers on the record of Customs protection of intellectual property rights

Release Time：

2022-09-30

Hello, kids

For the right holders who have domestic intellectual property protection

If they have not applied abroad relevant

Intellectual property protection

Foreign intellectual property rights and interests cannot be protected

But that's not to say nothing can be done

In fact, the customs record of intellectual property rights can be considered

Customs protection of intellectual property rights

Filing for customs protection of intellectual property rights means that the owner of intellectual property rights shall, in accordance with the Regulations on Customs Protection of Intellectual Property Rights, register with the General Administration of Customs in written form the legal status of his intellectual property rights, the information about the relevant goods, the lawful use of intellectual property rights and the import and export of infringing goods. So that the customs can take the initiative to protect the relevant intellectual property rights in the supervision process of import and export goods.

(A whole range of knowledge opens up again ~)

Then, in the daily work may encounter

What are the recordkeeping questions?

I believe we got it from 12360 Customs

Part of the problem often encountered

Take a look below

↓↓↓

What are the advantages of the intellectual property rights holder filing with the General Administration of Customs?

: Many benefits

1. It is a prerequisite for the customs to take active protective measures. According to the Regulations on the Customs Protection of Intellectual Property Rights, if the intellectual property rights holder has filed its intellectual property rights with the Customs in advance, the Customs has the right to take the initiative to suspend the import and export of the infringing goods found, and to investigate and deal with the infringing goods.

2. Help customs to detect infringing goods. When applying for the record, the intellectual property right holder shall provide the legal status of the intellectual property right, the contact information of the right holder, the lawful use of the intellectual property right, the suspected infringing goods, the relevant pictures and photos, etc., so that the customs may find the suspected infringing goods in the daily supervision process and take the initiative to detain them.

3. The economic burden of intellectual property rights holders is light. Under the mode of customs protection by authority, the guarantee provided by the intellectual property right holder to the customs does not exceed 100,000 yuan, and can also apply to the General Administration of Customs for a general guarantee. If the owner of the intellectual property rights has not filed the intellectual property rights in advance, he must provide a security equivalent to the goods he is seeking to detain.

4. Can have a deterrent effect on infringer. The customs shall confiscate the import and export infringing goods and give administrative punishment to the import and export enterprises, and record the intellectual property rights as soon as possible, which can warn and deter those enterprises that import and export infringing goods without any scruples in the past, and urge them to consciously respect the relevant intellectual property rights. In addition, some enterprises that do not maliciously export infringing products may also check the record to understand whether the goods they contract for processing and export may constitute infringement, so as to avoid economic losses due to the detention of goods by customs.

Do I need to go to the customs business site to handle the record of intellectual property protection?

: Online processing

Procedure: ① Just scan the QR code below to pay attention to the "Deep trusted Intellectual Property rights" public number👇👇👇；

② Dialog box send keywords 【 Customs record 】;

(3) can quickly access, log on the website of the customs protection of intellectual property rights for the record subsystem (http://202.127.48.145:8888/);

In accordance with the process of user registration, filling in and submitting the filing application data, the General Administration of Customs will make a decision to approve the filing application or reject the filing application within 30 working days from the date of filing the filing application.

Tips:

At present, the browser of the intellectual Property Customs Protection filing system has been upgraded, and it is recommended to use Google Chrome, Internet Explorer 9 and above.

Do I need to pay the filing fee for intellectual property registration?

: No charge

According to the General Administration of Customs Announcement No. 51 of 2015, since November 1, 2015 (including this date) to apply to the General Administration of Customs for the record of intellectual property protection, the General Administration of Customs will suspend the collection of record fees.

Does the owner of an intellectual property right have to submit a separate application for each intellectual property right filed by him?

: One item at a time

The intellectual property right holder shall submit a separate application for each intellectual property right for which he has applied for the record. Where an intellectual property right holder applies for the filing of an international registered trademark, he shall submit a separate application for each class of goods for which he applies.

Can an overseas intellectual property right holder entrust a domestic agent to record intellectual property rights?

: can be entrusted

Where an intellectual property right holder entrusts a domestic agent to make an application, it shall issue a power of attorney in the prescribed format, and the text of the power of attorney in the format of the power of attorney can be logged into the intellectual property Customs protection filing subsystem for viewing.

Do I need to apply to the General Administration of Customs for alteration or cancellation after the change of the registered intellectual property rights?

: If the record has changed, please handle the change or cancellation in time

Where the record of intellectual property rights is changed, the owner of the intellectual property rights shall, within 30 working days from the date of the change, go through the formalities for the record change or cancellation with the General Administration of Customs. Where the owner of intellectual property rights fails to go through the formalities for alteration or cancellation in accordance with regulations, which seriously affects the lawful import and export of others or the Customs performs its supervisory duties according to law, the General Administration of Customs may revoke the relevant record upon the application of the relevant interested party, or it may also revoke the relevant record on its own initiative.

The customs record of intellectual property is about to expire. Can I apply for renewal?

: Can apply for renewal

The filing for customs protection of intellectual property rights shall take effect as of the date of approval of the filing by the General Administration of Customs and shall be valid for 10 years. If the validity period of the intellectual property right is less than 10 years from the effective date of the filing, the validity period of the filing shall be the validity period of the intellectual property right; If the record is more than 10 years old, the maximum validity of the record is 10 years. On the premise that the intellectual property rights are valid, the owner of the intellectual property rights may submit a written application for renewal of the record to the General Administration of Customs within 6 months before the expiration of the record period and attach the relevant documents.

Intellectual Property Customs Protection system account and password forgotten, is there a solution?

: Have the means

If you forget the account and password of the intellectual property Customs protection system, you can apply to the Intellectual Property Protection Department of the General Administration of Customs to query the above information. E-mail: ipr@customs.gov.cn.

Want to check whether the product has intellectual property customs records, there are relevant channels?

: The query path is as follows

Path 1: ① Just scan the QR code below to pay attention to the "Deep trusted Intellectual Property" public number👇👇👇；

② Dialog box send keywords 【 Customs record 】;

③ You can quickly enter and log in to the portal of the General Administration of Customs, PRC (http:// www.customs.gov.cn), drop down to the bottom, and click "I want to check" in "Internet + Customs";

④ Then click "Intellectual property filing";

Enter the IPR customs protection filing subsystem for inquiry.

Path 2: ①② step as above;

③ Can quickly enter the intellectual property customs protection filing subsystem.

If the record of intellectual property rights has been revoked by the Customs, can it be recorded again?

: The customs may refuse to accept the cancellation within 1 year from the date of cancellation

Where the General Administration of Customs revokes the record, the holder of the intellectual property right that has been revoked for the record applies again for the record within one year from the date of the record being revoked, the General Administration of Customs may not accept the application.

More intellectual property related issues, welcome your scan code consultation! Have questions must answer yo ~ Deep credible is willing to use professional and focus, to provide you with high-quality and efficient intellectual property agency services!

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