Customs Protection of the Intellectual Property of the Peoples Republic of China
Intellectual property has become a crucial element in our economic system since the world has become more connected and more globalized. In the Peoples Republic of China (PRC), the Custums Protection of Intellectual Property (CIP) aims to protect the rights and interests of trademark, patent, copyright and other intellectual property rights (IPR) holders, promote social and economic development, foreign exchange, international competitiveness, and support Chinas entry into the global market.
The PRC has adopted several laws and regulations relating to intellectual property, such as the Trademark Law, Patent Law, Copyright Law, etc. However, given the close role and involvement of Customs in regulating the import and export of goods in international trade, an effective Customs Protection of Intellectual Property (CIP) regime is of great importance to stop the global trade in counterfeit goods.
In 2004, the State Council promulgated the Regulations on Customs Protection of Intellectual Property Rights (CIP), with detailed provisions related to the identification, protection and disposal of goods suspected of being counterfeit, smuggled, infringing and pirated goods. The general principles of this regulations are as follows:
First, Customs should take proactive measures to prevent the import and export of goods suspected of infringing IPR, such as trademark, patent, and copyright. Customs shall strengthen the supervision of the import and export of goods and take measures to prevent the entry and exit of goods suspected of infringing IPR.
Second, Customs shall strengthen law enforcement cooperation with IPR rights holders and other relevant departments. Customs shall cooperate with IPR rights holders and other competent authorities in such areas such as law enforcement and investigation, anti-counterfeiting, anti-piracy and anti-smuggling of goods suspected to infringe IPR, in accordance with the regulations.
Third, customs should be authorized to detain suspected goods that infringe IPR. Depending on the type and amount of the suspected infringement goods, customs should be able to issue a notice of detention or a provisional estimate of the total value of the arrested goods. When a dispute arises concerning IPR infringement, custom shall be able take the appropriate measures and Detention Orders in the light of the Trademark Law, Copyright Law or Patent described in the Regulations of the PRC.
Fourth, customs should be authorized to dispose of suspected goods that infringe IPR. Customs may dispose of the detained goods pursuant to the IPR holders request, or other competent authorities decision.
Lastly, customs should take appropriate interests to Pro IPR owners. Customs shall actively assist the IPR owners in handling the infringement cases, such as providing necessary technical and case-related evidence.
Customs Protection of Intellectual Property Rights is an important measure to ensure the protection of intellectual property rights and protect the legitimate interests of IPR owners. Customs shall take corresponding measures, cooperate closely with IPR holder, and take tough measures against the infringement.
