Customs Recording IP Rights

Customs recording of intellectual property rights

Recently, the trade of import and export goods has been frequent, and the cases of goods being infringed have also occurred frequently. Combined with the relevant situation of our company's service customers, this paper combs the relevant knowledge, processes and treatment methods of intellectual property customs filing for your reference, or if you have questions, you can also consult our professionals to answer them at any time.

What is intellectual property customs filing?

Customs filing of intellectual property refers to the registration of the legal status of intellectual property rights, relevant goods, legal use of intellectual property rights and import and export of infringing goods in writing by the intellectual property rights holder in accordance with the regulations on Customs Protection of intellectual property rights, so that the customs can protect the relevant knowledge producing areas in the process of supervising import and export goods.

What kind of intellectual property can be applied for customs filing?

The following four kinds of intellectual property rights may be applied to the General Administration of Customs for filing:

• a. Trademarks approved and registered by the Trademark Office of the State Administration for Industry and Commerce (except service trademarks);

  
  

• b. International registered trademarks registered in the World Intellectual Property Organization and extended to China (except service trademarks);

  
  

• c. Patents for inventions, designs and utility models granted with patent rights by the State Intellectual Property Office;

  
  

• d. Copyright and copyright related rights owned by citizens or organizations of member states of the Berne Convention for the protection of literary and artistic works.
  

Who has the right to apply to the General Administration of Customs for customs filing of intellectual property rights?

Only the intellectual property right holder can apply to the Customs for intellectual property filing as an applicant.

Validity period and renewal of customs filing of intellectual property rights

The customs filing of intellectual property rights shall take effect from the date of nuclear preparation, and the term of validity is 10 years.

Benefits of intellectual property customs filing

In addition to being the premise for the customs to implement protective measures, the customs filing of intellectual property rights can also:

a. Help the customs find suspected infringing goods.

b. Reduce the burden of rights protection of obligees.

c. Prevent non malicious infringement.

Notes:

1. In the process of cultivating business logo, the enterprise shall register the trademark in time, otherwise it cannot obtain the exclusive right to use the trademark, and the use of the same trademark logo by others will not constitute infringement.

2. When undertaking orders from external processing customers, enterprises engaged in OEM processing should first understand the intellectual property rights of the processed products, including whether there are defects in intellectual property rights, especially trademark rights and patents, whether the trademark is registered and valid in China, whether the registrant and the entrusting party belong to the same person, otherwise it may lead to processing Producing products that infringe upon the patent or exclusive right to use a registered trademark of others, causing losses to oneself.