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How to prevent foreign infringing products from entering the Chinese market?
If the company finds that foreign infringing products have entered the Chinese market, it can apply to China's customs for customs intellectual property protection measures. Customs intellectual property protection measures refer to the detention, investigation, determination, and disposal of goods suspected of infringing intellectual property rights protected by the People's Republic of China laws and administrative regulations of China's customs in accordance with the provisions of the Regulations on Customs Protection of Intellectual Property Rights in the People's Republic of China. And the measures to punish the consignor of the goods. According to the "the People's Republic of China Customs Protection Regulations on Intellectual Property Rights", intellectual property rights holders can choose two modes of "ex officio protection" and "protection on application" when requesting the customs to take protection measures for their intellectual property rights.
ex officio protection
Ex officio protection refers to the measures taken by the customs to detain, investigate and deal with the import and export goods suspected of infringing intellectual property rights filed with the General Administration of Customs in the process of supervision of import and export goods. Procedures for ex officio protection: intellectual property filing-customs suspension of customs clearance of goods-right holder's application for detention of goods and provision of guarantee-customs detention of goods-customs investigation and determination-customs decision on punishment-customs disposal of infringing goods-settlement of fees and refund of guarantee.
To choose the mode of ex officio protection, it is necessary to submit an application to the General Administration of Customs for the filing of patent rights. The application shall include: the name or name, place of registration or nationality of the patentee; the name, content and related information of the patent right; the exercise of the patent right; the name, origin, entry and exit customs, importers and exporters, main features, prices, etc. of the goods that the patentee legally exercises intellectual property rights; the known manufacturers, importers and exporters, customs at the place of entry and exit, main features, prices, etc. At present, the application for the record of intellectual property rights is handled through the "intellectual property rights customs protection record system" of the General Administration of Customs. The process of using the filing system for intellectual property filing is: registering system users, entering application information, and paying filing fees.
upon application for protection
Protection by application means that the intellectual property right holder shall apply to the Customs when he finds that the suspected infringing goods are about to be imported or exported, and the Customs shall detain the suspected infringing goods according to his application. Procedures for ex officio protection: application by the right holder-provision of security by the right holder-detention of goods by customs-application by the right holder to the court for judicial seizure-assistance in judicial seizure-settlement of costs and return of security. The application you submit to the customs shall include the following contents: the name or name, place of registration or nationality of the patentee; the name, content and related information of the intellectual property rights; the name of the consignee or consignor of the suspected infringing goods; the name and specifications of the suspected infringing goods; the port, time and means of transport at which the suspected infringing goods may enter or leave the country. To choose the mode of application for protection, it is necessary to submit to the customs evidence sufficient to prove the obvious existence of the infringement, which should be able to prove the following facts: the goods requested to be detained by the customs are about to be imported. When choosing the mode of "protection according to authority" or the mode of "protection according to application" to protect one's own legitimate rights and interests according to law, one should provide guarantee to the customs within the time limit specified by the customs to compensate the losses that may be caused to the consignee and consignor due to improper application, and pay the storage, storage and disposal expenses of the goods after being detained by the customs; directly pay the storage and storage expenses to the warehouse dealer, deductions from guarantees.