[China Glass Network] Customs Protection of Intellectual Property Rights (1) What is Intellectual Property Protection? The so-called intellectual property rights protection means that the Customs protects and enters and exits goods in border enforcement in accordance with relevant state laws and regulations and is subject to the People's Republic of China. Intellectual property rights protected by legal administrative regulations, including trademark exclusive rights, copyrights and patents.
(II) Procedures for handling customs records of intellectual property rights The procedures for handling intellectual property rights for customs filing include three parts: application, examination and issuance.
1. Apply. When the right holder submits an application for customs protection filing to the General Administration of Customs, he shall obtain the filing application from the customs in advance. The right holder or his agent shall fill in the application form as required and attach it to the Customs Department.
The application of the right holder for filing shall be made in accordance with the principle of an application for one right, that is, each application can only apply for intellectual property rights in one of the rights certificates. The application form is filled in Chinese and the application documents submitted for inspection are true and valid. The following contents should be filled in as required in the filing application:
(1) Rights. The Chinese and English names, the country, the business license number, the legal address, the legal representative, the name of the contact person, the contact number, and the fax on the registration document; the name, address, license number, legal representative, and contact person of the agent Name, contact number, fax, etc.
(2) The name, registration number, expiration date, approved goods, patent name, authorized number, brief content, expiration date of the registered trademark; relevant content of the copyright.
(3) The name and commodity code of the goods related to intellectual property rights.
(4) The name, location, mode of use and duration of the license of the person authorized or licensed to use the intellectual property.
(5) The main features of the goods related to intellectual property rights, trademark drawings and photographs of the appearance and packaging of the goods.
(6) The manufacturer of the known infringing goods, the name and address of the import and export commodities, the name of the suspected infringing goods, and the main entry and exit customs.
(7) A description of the trade secrets.
(8) Other circumstances that the General Administration of Customs believes should be explained.
The right holder shall also submit the following documents when submitting the application: 1 a copy of the identity document of the intellectual property right holder, or a copy of the registration certificate, or a copy certified by the registration authority; A copy of the power of attorney and the registration certificate of the agent; 2 a copy of the registration certificate of the registered trademark, a notice of the approval of the transfer of the registered trademark by the Trademark Office or a copy of the trademark license contract for the record; or a copy of the patent certificate, by the Patent Office A copy of the patent transfer contract registered and announced, a copy of the patent implementation license contract; or a document or evidence of the copyright right; 3 other documents that the General Administration of Customs considers necessary to be attached.
The documents submitted for examination are in foreign languages ​​and the Chinese translation is submitted at the same time.
2. Review. After receiving all the application documents, the General Administration of Customs will review the intellectual property rights of the application for filing. The contents of the examination, including whether the intellectual property rights are valid, whether they are protected by Chinese laws and regulations, whether the scope of customs protection is covered, whether the application forms are in compliance with the requirements, Whether the attached documents submitted are complete, etc.
3. Issue a certificate. The General Administration of Customs believes that the right holder should be notified within 30 days from the date of receipt of all the application documents. Where the case is approved for filing, the “Certificate of Customs Protection of Intellectual Property Rights†shall be issued to the right holder. A notice of 1,000 yuan for each filing fee will be issued concurrently and transferred to the account of the General Administration of Customs through the bank. If the record is not allowed, the reasons shall be explained.
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