Please pay attention! Starting in September, the customs will conduct a three-month "long teng operation" and severely infringing the goods. Related products are of great concern!
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The angry "dragon" action
In order to crack down on the illegal behavior of import and export of infringing goods, we can effectively solve the infringement problem. Starting from September 1, the national customs will carry out special operations on intellectual property protection of intellectual property rights of export intellectual property rights for three months, codenamed "operation longteng".
It is reported that the national customs will be exported to Africa, the Middle East, Latin America and other countries and regions; The main traditional products such as small home appliances, mobile electronic products, engineering machinery, daily necessities, holiday products, special products, etc., carry out special enforcement and assist enterprise rights protection.
The customs will conduct a comprehensive review of the import and export data of the key enterprises of "longteng" action, and strengthen the coordination of risk analysis and control. Regional customs, such as the beijing-tianjin-hebei region, Yangtze river delta and the pan-pearl river delta, make full use of regional cooperation advantages to establish cases against rapid response and case linkage inspection mechanism; The general administration of customs will supervise cases involving a wide range of cases, large cases and high social impact. During the operation, the customs will be to "longteng" infringement action key enterprises intellectual property increase the intensity of punishment, for alleged intellectual property crime, notify the public security organs according to law, shall be investigated for their criminal responsibility. At the same time, the customs will provide support for the further civil judicial protection of the key enterprises of "longteng".
The general administration of customs, director-general of the department of political science and law, tsung-ren Yang said "longteng" action is the general administration of customs cultivated superior enterprises intellectual property work carried out key way, to be cultivated as well as the general administration of customs this year formal implementation of intellectual property work of specific measures, therefore, will focus on the enforcement of national customs, to crack down on illegal import and export enterprises, the intellectual property for Chinese enterprises to move overseas to provide fair and orderly competition environment.
Therefore, please be sure to pay attention to the intellectual property of the product and avoid the occurrence of infringement. The customs declaration information must be accurate and compliant. At the same time, the foreign trade people who have made the above products have noticed that these products may be subject to the most important control, and the inspection rate will be increased.
National customs collective action
It is reported that this time "longteng" action, national customs will participate. At present, a number of port customs, including Shanghai, ningbo, shenzhen, Qingdao and guangzhou, have launched a response.
Ningbo customs will establish a liaison system for key enterprises, designate special persons to be responsible for contacting, and help enterprises coordinate port customs and related ipr enforcement authorities to implement anti-piracy operations.
Since 2013, ningbo customs has seized 1874 cases of intellectual property infringement cases in the import and export link, with a value of about 276 million yuan and about 68053,000 infringing goods. Among them, there were 346 cases of suspected infringement of intellectual property rights, 895.39 million yuan, and 183.85 million infringing goods seized, accounting for 18.5% of the total number of seizures.
In the first half of this year, Shanghai customs seized in freight channel 17, the holder of the domestic enterprise intellectual property infringement cases involving more than 1000 pieces of goods, nearly 660 more than ten thousand yuan, respectively to the Shanghai customs freight channel of 18%, 63% and 18% of the total number of cases related to intellectual property right. Four enterprises have entered the list of key enterprises of "longteng", covering machinery, high-tech and textile industries.
Shanghai customs, meanwhile, has said, "longteng" action, at the same time of crackdown on infringement, will also conduct export advantage enterprises intellectual property service work, help enterprises to improve the ability of safeguarding rights.
Qingdao customs, will strengthen the customs protection of intellectual property rights, intellectual property customs registration guide jurisdiction key enterprises, make full use of big data for risk analysis, to improve hit accuracy, strengthen monitoring and infringement crackdown in the link of import and export.
Shenzhen customs, after investigation and investigation, selected 10 shenzhen independent intellectual property enterprises, such as huawei, zte and dji, to participate in the operation of "longteng". This year, shenzhen customs seized more than 9.23 million infringing goods, worth rmb44.7m.
Guangzhou customs, currently a total of 13 enterprises are selected as the list of key enterprises of "longteng". According to statistics, from January to July of this year, the customs of guangzhou seized 404 cases of infringement cases in the import and export link, involving a total of 1.05 million goods, with a record of 7.31 million yuan.
In addition, China customs continue to strengthen and "One Belt And One Road" countries and areas along the protection of intellectual property rights exchange, deepening and the United States, the European Union, Russia and the asean countries and regions such as the customs law enforcement cooperation. In April this year, the customs with the United States to carry out a joint law enforcement action, a month before coming to the United States, by express mail, shipping and delivery channel of infringement of consumer electronics, auto parts, food and drug, sportswear, customs act together, the two countries to strengthen law enforcement, explore new pattern new law enforcement cooperation.
Predictably, the customs infringement of intellectual property rights crackdown will blow to many companies, but for has brand enterprise, also not rest easy, want to get the customs protection, has the following several points to note:
Never be a serious target for the customs
Today, there are still a lot of enterprise's intellectual property rights consciousness is very weak, even hope against plagiarism imitation to make a lot of money, but from the current national crackdown of the infringement of intellectual property, this kind of profit by fake copy is daydreaming.
In April 2016, a foreign trade company in zhejiang declared to yiwu customs to export a batch of small goods to Libya. After inspection, the goods marked "TOYOTA" (TOYOTA), and other trademarks of oil filter, 9200, marked with "Nike" label such as hat, 11160, marked "GUCCI" trademark sunglasses 5400, marked with "FRESHLOOK COLORBLENDS" brand of contact lenses 500 vice, value is bigger.
After the comparison and the intellectual property right holder confirmed that the goods violated the trademark rights and Copyrights of many enterprises. According to the regulations, yiwu customs has made a decision to confiscate illegal goods and impose a fine on the foreign trade company.
How to avoid being severely injured by the customs?
Although most enterprises are intentionally copycat, there are still some enterprises that inadvertently infringe others' intellectual property, thus causing the injury.
How to avoid a patent or Copyrights collision with international brands? How to avoid inadvertent infringement? The solutions mainly include the following:
Don't try to follow the wind or sell big-name products
2. When designing products, don't have the mentality of rubbing the ball
3. Before the new product comes to market, it is necessary to carry out comprehensive intellectual property protection enquiries, and timely register the patent or copyright.
Give the customs a chance to protect you
In march, yiwu customs announced that it had seized 3,000 "RIDDEX" trademark drives. Involved in the case of a private company trademark rights to ningbo, zhejiang province, as companies have long been filed for trademark in the general administration of customs, the customs according to the registration of trademark protection, promptly seized "fake" or "fake", effectively avoid the rights and interests of enterprises.
As can be seen from this case, it is very important to get the protection of the intellectual property rights of the customs.
1. Products shall be registered trademarks, patents and Copyrights
2. Enterprises need to record the relevant intellectual property rights
To register trademarks, patents and Copyrights for products, this is a basic basis for the protection of the brand of products by the customs, and the customs filing of intellectual property rights may not be well understood by many people:
Knowledge class -1
What is the customs record
Customs registration refers to ask the customs for the holder of the intellectual property rights protection, the legal status of intellectual property rights, about the goods, infringement of intellectual property legal usage and a written notice to the general administration of customs of goods import and export situation, so that in the process of regulation of import and export goods customs initiative to enforce the protection on intellectual property rights.
It is clear that the intellectual property rights protected by the customs are limited to trademark rights, copyright and patent rights.
Knowledge class -2
What are the advantages of customs filing?
1. Facilitate the discovery and inspection of infringing goods by the customs
2. The customs will take the initiative to take protective measures
3. You can enjoy the preferential policies of the customs
4. Reduce the occurrence of torts
Now, customs records have become mainstream. In 2016, China's customs adopted more than 195, 000 ipr protection measures over the whole year, and the actual seizure of inbound and outbound infringements was more than 1.74 million, involving 4205.82 million items of goods.
And according to relevant data shows, in 2016, yiwu local new independent intellectual property rights, the customs for the record 371, up 196.8% from a year earlier, and succeed in the general administration of customs for the record, yiwu local independent intellectual property rights of yiwu customs was founded in 2009 less than 30 items, development up to now there have been 749, up nearly 24 times.