Exporting infringing goods was fined 3,000 yuan by the customs. The importance of customs registration of intellectual property rights!-Industry News-Shenzhen deep trust patent Agency Co., LTD

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Exporting infringing goods was fined 3,000 yuan by the customs. The importance of customs registration of intellectual property rights!

Release Time：

2022-09-14

Recently, Yiwu Customs issued an administrative penalty decision regarding the export of ballpoint pens by a Yiwu Commodity Purchasing Co., Ltd. that infringed the trademark rights of "Schneider Tops and Pictures". The export of ballpoint pens infringed trademark rights and was punished by the customs. The decision shows that the party concerned declared to Yiwu Customs on March 24, 2022, to export a batch of dental floss and other goods. After inspection, the batch of goods contained 40,000 ballpoint pens marked with the trademark "Schneider Tops and Pictures". The party concerned was unable to provide authorization documents or formal purchase certificates.

Export of ballpoint pen infringes trademark rights and is punished by customs

The decision letter shows that the party concerned declared to Yiwu Customs on March 24, 2022, to export a batch of dental floss and other goods. After inspection, the batch of goods contained 40,000 ballpoint pens marked with the trademark "Schneider Tops and Pictures". The party concerned was unable to provide authorization documents or formal purchase certificates.

Schneider Writing Instruments Co., Ltd., the owner of the trademark "Schneider Tops and Pictures", believes that the above goods infringe its trademark rights of "Schneider Tops and Pictures" registered with the General Administration of Customs (Registration Number: T2020-94983), and submitted it to the Customs within the specified period. Application and guarantee for taking intellectual property protection measures.

After investigation, Yiwu Customs believed that the "Schneider Tops and Pictures" trademark used on the ballpoint pens exported by the party was the same as the "Schneider Tops and Pictures" trademark registered by the trademark owner, without prior permission from the trademark owner.According to Article 57 (1) of the "Trademark Law of the People's Republic of China", the above-mentioned goods are goods that infringe the exclusive rights of others' trademarks, and the goods are worth RMB 20,000. The party's export of the above-mentioned goods has constituted the act of exporting goods that infringe upon the exclusive rights to trademarks of others.Violated Article 44 of the Customs Law of the People's Republic of China and Article 3 of Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights.

In the end, the obligated customs decided to confiscate the above-mentioned "Schneider Tops and Figures" in accordance with Article 91 of the Customs Law of the People's Republic of China and Article 25, Paragraph 1 of the Implementation Regulations of the Customs of the People's Republic of China on Administrative Punishments. 40,000 ballpoint pens with the trademark and a fine of RMB 3,000.

Intellectual Property Customs Protection

Customs protection of intellectual property rights is an important link in my country's intellectual property protection work system and plays a major role in maintaining economic order, protecting the legitimate rights and interests of import and export enterprises, and optimizing the business environment.

Currently, there are two law enforcement models for customs protection of intellectual property rights: ex officio protection (active protection) and protection on application (passive protection). The prerequisite for ex officio protection is that the right holder has filed a record for customs protection of intellectual property rights with the General Administration of Customs.

Intellectual property customs filing

Customs filing of intellectual property rights is a prerequisite for customs to take proactive protection. Intellectual property rights holders, in accordance with the provisions of the"Regulations on the Customs Protection of Intellectual Property Rights", shall notify the General Administration of Customs in writing of the legal status of their intellectual property rights, the situation of the relevant goods, the legal use of intellectual property rights, and the import and export of infringing goods, so that the Customs can In the process of supervising imported and exported goods, we can proactively protect relevant intellectual property rights.

As of today, the number of valid intellectual property rights registered with the customs is 80,148, including 71,836 valid trademarks, 5,889 copyrights, and 2,423 patents. Intellectual property rights after customs registration can be queried for effective registration information, which can prevent intellectual property infringement issues in import and export to a certain extent. If the customs discovers that there is unauthorized import or export of intellectual property rights, it will notify the relevant registered rights holder to handle it.

In practice, whether customs registration of intellectual property rights is carried out in advance makes a big difference in the protection of corporate brands and products.

First, the legitimate rights and interests of right holders are protected in a timely manner. Once the intellectual property right holder applies for registration to the customs, the customs will take the initiative to check and screen the import and export goods, promptly discover the infringing goods and actively inspect and detain them, and promptly contact the relevant intellectual property right holder to give them sufficient time to take remedial measures. and rights protection measures.

Second, the cost of safeguarding rights is low and the financial burden on rights holders is light. Under the customs ex officio protection model, the maximum guarantee provided by the intellectual property right holder to the customs shall not exceed RMB 100,000. If the intellectual property right holder has not registered the intellectual property rights in advance, he will not be able to enjoy the above treatment and must provide the guarantee he requested to withhold. The goods are guaranteed to be of equal value, so proactive filing can greatly reduce the rights holder’s rights protection costs and ease their financial burden.

Third, prevent possible infringements in the future. Since the customs confiscates imported and exported infringing goods and imposes administrative penalties on import and export enterprises, early registration of intellectual property rights can serve as a warning and deterrent to those enterprises that have imported and exported infringing goods without scruples in the past, and can also serve as a warning for those engaged in foreign-related licensing Processing companies provide ways to check the status of intellectual property rights to prevent infringement.

Most domestic companies have independent intellectual property rights such as trademarks, patents, and copyrights, but very few companies have registered with the General Administration of Customs for protection, and some even know nothing about it. The overall situation is really worrying!

Enterprise development must not only adhere to independent innovation, but also pay attention to the protection of independent intellectual property rights. In addition to registering the rights of corresponding intellectual property rights, it is also necessary to establish corresponding intellectual property protection mechanisms and response mechanisms to sudden infringements. Customs filing is an effective way. By establishing a corresponding infringement emergency response mechanism with the customs department, harm and losses can be controlled to a minimum. This will undoubtedly protect the development of enterprises. (Source | Intellectual Property Information Classroom)

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