Online Interview
Topic: Strengthening Customs IPR Enforcement to Protect Enterprise Innovation
Time:10:00 AM (Fri) April 25, 2014
Special Guests:Qiao Jinming, Party Leadership Group Member and Deputy Director General of Jiangmen Customs District; Liu Yang, Deputy Director of the Division of Regulations, Guangdong Sub-Administration of the General Administration of Customs
Online Interview Photos
Strengthening Customs IPR Enforcement to Protect Enterprise Innovation
[Liu Yang]: The enterprise can apply for protection via two ways. First, it can apply for protection to the Customs at the place of entry and exit according to relevant provisions, and if the application conforms to statutory requirements upon examination, the Customs will start Customs IPR enforcement procedures according to the law. Second, the enterprise can apply for IPR registration with GACC according to relevant provisions of the Regulations of the People’s Republic of China on Customs Protection of Intellectual Property Rights and their Implementing Measures; after the registration is approved, the Customs shall provide ex office protection on the IPR for entry and exit of goods. The registration can be completed via the portal of China Customs. And instructions on relevant formalities and materials are available on the portal of China Customs. 04/25/2014 10:59:51
[Netizen: Gaosha Enterprise]: Our company has our own trademark rights and does not register them with the Customs. But I knew that some goods imported by other enterprises have infringed on our trademark. Could I apply for Customs IPR enforcement? Thanks! 04/25/2014 10:20:16
[Liu Yang]: If your company has registered the trademark with the State Administration for Industry and Commerce, and obtained trademark right, even if your company does not register the trademark with GACC, you can still apply for the IPR protection to the Customs, and you need to apply for the protection each time. Moreover, for registered and unregistered IPRs, the protection measures are different. For better protection of your trademark right, I suggest you registering your trademark right to GACC as soon as possible. 04/25/2014 11:00:15
[Netizen: He Pan Hua Kai]: Can an enterprise with indirect authorization make clearance at the Customs? For example, a trademark holder authorizes Company A, and then Company A gives authorization to Company B, can Company B make normal clearance at the Customs with the authorization? 04/25/2014 9:27:55
[Qiao Jinming]: According to relevant provisions of Regulations of the People’s Republic of China on Customs Protection of Intellectual Property Rights and their Implementing Measures, only when an enterprise provides the right holder’s certificate of direct authorization can IPR-related goods be released by the Customs. Without direct authorization, the declaration will be handled upon contact with the right holder by the Customs. 04/25/2014 11:00:36
[Netizen: Qi Ren You Tian]: Our company has the authorization from the right holders for good to be imported and exported, but has not been registered with the GACC. How do we declare at the Customs? 04/25/2014 9:26:02
[Liu Yang]: I suggest that your company negotiates with the right holder to add your company to the licensing enterprise list registered with GACC. If not, your company must submit relevant certificate of authorization in the process of customs declaration, and your declaration will be handled upon contact with the right holder by the Customs. 04/25/2014 11:01:04
[Netizen: Lan Hai]: How do I inquire the Customs registration of intellectual property rights? 04/25/2014 9:25:18
[Liu Yang]: Please search via the portal of China Customs (website: http://www.customs.gov.cn ) 04/25/2014 11:01:37
[Netizen: Kaiping Zhongmao Import & Export Co., Ltd.]: Hello! I am a customs declarer of a foreign trade corporation. I have one question: if a manufacturer entrusts our company to export goods, and I do not find the brand of the goods in the Customs IPR enforcement system. May I export the goods at ease? 04/25/2014 10:03:41