Escorting the healthy development of new trade formats and strengthening the protection of the entire chain of intellectual property rights
National customs detained more than 50 million suspected infringing goods in the first three quarters
□ Our reporter Cai Yanhong
According to data recently released by the General Administration of Customs, in the first three quarters of this year, customs across the country seized 51,000 batches of goods suspected of infringing intellectual property rights and detained 51.06 million suspected infringing goods.
The General Administration of Customs closely follows the national intellectual property strategy and innovation-driven development strategy, continuously strengthens intellectual property protection, and organizes the comprehensive strengthening of intellectual property protection "Long Teng Operation 2021", the intellectual property protection of delivery channels "Blue Net Operation 2021", and export transshipment cargo knowledge Special actions such as the "Net Net Action 2021" for property rights protection, solidly promote the customs protection of intellectual property rights, escort the healthy development of new businesses such as cross-border e-commerce and China-Europe trains, strengthen the protection of the entire chain of intellectual property rights, and deepen multi-party cooperation to create a three-dimensional defense Control system, and make every effort to prevent import and export infringement and illegal activities.
Form a three-dimensional prevention and control system
Not long ago, the Yiwu Municipal Public Security Bureau officially filed an investigation on the case of export infringement of the trademark rights of "HUAWEI and graphics", which was seized and transferred by Yiwu Customs, a subsidiary of Hangzhou Customs.
In the first half of this year, Zhejiang Yiwu Customs inspected the export declaration form and found that a batch of charging heads were packaged crudely and in rough quality, and were printed with the trademark "HUAWEI and graphics".
After counting, the batch of mobile phone charging heads totaled 34,000, and the export company was unable to provide relevant authorization certificates. The right holder confirmed that the batch of goods were infringing goods.
Yiwu Customs started investigating the case as soon as possible, and Hangzhou Customs notified the Zhejiang Provincial Public Security Department of clues to the case.
According to Huawei Technologies Co., Ltd., this is the first case of goods infringing on the intellectual property rights of "Huawei" after being seized by the customs and transferred to judicial criminal disposal.
The reporter learned that the national customs has actively played the role of the coordination mechanism for "doubles" work, deepened cooperation with domestic administrative and judicial departments, and formed a three-dimensional prevention and control system for intellectual property infringement.
Shenzhen Customs has continuously improved the coordinated protection mechanism of "port control, territorial excavation, and source governance".
Deepen the coordination mechanism with local governments, sign a memorandum of cooperation in intellectual property protection cooperation with market supervision, public security, courts and other departments, and extensively cooperate in law enforcement supervision, judicial protection, technical support for infringement determination and other fields to form an integrated protection pattern and joint combat force.
Currently, Shenzhen Customs and 32 local departments have jointly established a joint disciplinary mechanism for intellectual property infringement.
Since the beginning of this year, a total of 94 criminal clues have been transferred to the public security organs, an increase of 1.2 times year-on-year. It has strengthened cooperation with courts at all levels in evidence retrieval, evidence preservation, and property preservation, and has cooperated with local intellectual property authorities to destroy more than 400,000 infringing goods. Effectively deter infringement and illegal activities.
Zhanjiang Customs recently signed the "Memorandum of Cooperation in the Cooperative Protection of Intellectual Property Rights in Zhanjiang City" with the Zhanjiang Intermediate People's Court.
According to the memorandum of cooperation, the two parties will strengthen information sharing and mutual reporting, establish a “blacklist” involving intellectual property rights, strengthen cooperation in litigation cases, explore early intervention in dispute mediation, establish a research and exchange mechanism for major, complex and difficult law enforcement issues, and jointly carry out law popularization. Activity 6 carried out in-depth cooperation, and jointly performed intellectual property protection responsibilities, and strengthened the protection of intellectual property rights.
Stop cross-border e-commerce infringement
Recently, the Xi’an Railway Station Customs under Xi’an Customs successively seized two batches of suspected infringing goods among the export goods of the China-Europe Express "Changan". The goods were suitcases and bags with multiple brand logos, a total of 7,856 pieces.
This is the case where Xi'an Customs has seized the largest number of exported infringing goods in history.
Since the parties concerned were unable to provide the legal and effective certification procedures for the batch of goods, they were suspected of infringing on the right to exclusive use of the trademark filed with the General Administration of Customs.
At present, this batch of goods has been handed over for subsequent disposal in accordance with relevant regulations.
In recent years, under the unified deployment and leadership of the General Administration of Customs, the nationwide customs service reform and development measures have been more pragmatic, and the protection of intellectual property rights in the fields of cross-border e-commerce and China-Europe express trains has been continuously strengthened to ensure the high-start and standardized development of various new trade formats.
The Qingbaijiang Customs officer under Chengdu Customs recently inspected a shipment of China-Europe train export goods and found 11,520 boxes of game cards using the "POKEMON" trademark. After contacting the brand owner for confirmation, the batch of cards Infringement of its intellectual property rights filed with the General Administration of Customs, the customs immediately suspended the release and transferred the case for handling in accordance with the law.
Since the beginning of this year, Chengdu Customs has carried out multi-departmental risk prevention and control joint research and judgment, real-time port monitoring and key investigations using customs big data, intensified law enforcement in all directions, and formed a "combined punch" to combat infringement and illegality.
On May 20, in accordance with the control instructions of Qingdao Customs Risk Prevention and Control Branch, Rongcheng Customs, a subsidiary of Qingdao Customs, seized 60 pieces of infringing clothing in cross-border e-commerce exit channels, which involved infringement of the "PXG" and "Titleist" brands; September 1, Rongcheng Customs In addition, 50 pairs of infringing shoes were seized in cross-border e-commerce exit channels, suspected of infringing on the exclusive rights of the "crocs" trademark.
It was later confirmed that they were all infringing products.
In order to escort the healthy development of new forms of cross-border e-commerce, Qingdao Customs pays close attention to the infringements of delivery and cross-border e-commerce channels, and takes targeted measures against the characteristics of large export batches and small case value of infringing goods in the cross-border e-commerce field in the jurisdiction, and effective Stop infringement and illegal activities in the field of cross-border e-commerce.
Hangzhou Customs found that the infringing goods originated from e-commerce platforms, and carried out governance by supporting platforms such as “removing goods”, “disconnecting links”, and “closing stores”, and used the big data of the e-commerce platform to dig into the line and trace the source.
A total of 5,656 batches of infringing goods were seized in cross-border e-commerce channels, a year-on-year increase of 1.44 times.
Joint law enforcement to combat infringement
As part of the National Customs Intellectual Property Protection "Long Teng Operation 2021" and "Net Net Operation 2021", the Guangdong Branch took the lead this year in the Guangdong Provincial Customs and Hong Kong and Macao Customs to jointly carry out two joint enforcement actions for the customs protection of intellectual property rights.
From April 19th to May 17th, the Guangdong branch led the Guangzhou, Shenzhen, Gongbei, Huangpu, Jiangmen Customs and Hong Kong and Macau Customs in the province to carry out the first joint enforcement action for intellectual property customs protection this year.
During the operation, Guangdong Customs seized over 2.42 million infringing goods, involving mobile phone accessories, flash memory cards, sports shoes, luggage, etc.; Hong Kong Customs seized 28,000 infringing goods worth HK$2.9 million; Macau Customs seized 1,396 counterfeit products, approximately It is worth MOP 430,000.
From August 27th to September 26th, the Guangdong Branch once again took the lead in organizing the Guangzhou, Shenzhen, Gongbei, Shantou, Huangpu, Jiangmen, Zhanjiang Customs and Hong Kong and Macau Customs to jointly develop intellectual property rights focusing on freight and postal express channels. Joint enforcement actions for customs protection.
During the operation, Guangdong Customs seized more than 50,000 infringing goods, involving auto parts, clothing, chargers, etc.; Hong Kong Customs seized 29,000 infringing goods, valued at HK$3.2 million; Macau Customs seized 165 counterfeit products, approximately It is worth MOP 140,000.
During the operation, Haizhu Customs, a subsidiary of Guangzhou Customs, inspected more than 11,360 auto parts declared for export and found internal combustion engine parts and vulcanized rubber conveyor belts with well-known brand logos such as "TOYOTA", "NISSAN", "HONDA" and "MAZDA". There is suspicion of infringement, and the trademark owner confirms that the above-mentioned goods are all infringing.
Gaosha Customs, affiliated to Jiangmen Customs, inspected a batch of 1920 sets of locks and push rod devices declared for export and found that the "GEZE" logo used on the product packaging was suspected of infringing on the trademark rights held by GEZE Co., Ltd. of Germany.
At present, the right holder has formally submitted an application for detention to the customs, and the customs has filed a case for handling in accordance with the law.
The relevant person in charge of the Guangdong Branch of the General Administration of Customs said that since May, the General Administration of Customs has organized the Guangdong Branch and 21 customs offices in Guangzhou and Shenzhen to carry out the "Net Net Action 2021", focusing on cracking down on illegal acts of transshipment of infringing goods and forming regions. Linkage to protect the network to effectively prevent port drift of infringing goods.
Customs in Guangdong Province strengthened coordination and cooperation, formed a joint force for law enforcement, and strengthened the protection of the entire chain.