Joke Collection Website - News headlines - What are the customs rights in China?

What are the customs rights in China?

Legal subjectivity:

Customs protection of intellectual property rights is also called border protection of intellectual property rights. 1September, 1994, China began to implement border protection of intellectual property rights. At present, China Customs has established a set of perfect intellectual property law enforcement system, including examining customs declaration documents, inspecting import and export goods, detaining and investigating infringing goods, punishing illegal importers and exporters, and disposing of infringing goods. The editor will explain the relevant knowledge and regulations of customs intellectual property protection to you. The concept of customs intellectual property protection 1995 10 10. In October, China promulgated and implemented the Regulations on Customs Protection of Intellectual Property for the first time, and began to establish an intellectual property border protection system in line with the rules of the World Trade Organization. Customs protection of intellectual property rights refers to the protection of trademark exclusive rights, copyrights, copyright-related rights and patents related to imported and exported goods and protected by People's Republic of China (PRC) laws and administrative regulations in order to prohibit the import and export of goods infringing intellectual property rights. Intellectual property rights holders can also take the initiative to request the customs to implement intellectual property protection, but they should apply to the customs for protective measures in advance. The consignee of imported goods or his agent, the consignor of exported goods or his agent shall truthfully declare the intellectual property status related to imported and exported goods to the customs in accordance with state regulations, and submit relevant certification documents. When implementing intellectual property protection, the customs has the obligation to keep the business secrets of the parties concerned. Customs protection mode of intellectual property rights Customs protection of intellectual property rights refers to the measures taken by the customs to prohibit the import and export of goods infringing intellectual property rights according to law. Border measures called intellectual property rights in the Agreement on Trade-related Aspects of Intellectual Property Rights of the World Trade Organization. According to Article 2 of the Regulations on Customs Protection of Intellectual Property Rights in People's Republic of China (PRC) promulgated by People's Republic of China (PRC) and the State Council, the intellectual property rights protected by China's customs should be the exclusive right to use trademarks, copyrights and copyright-related rights and patents related to import and export goods protected by People's Republic of China (PRC) laws and administrative regulations. In addition, according to the Regulations on the Protection of Olympic Symbols and the Regulations on the Protection of World Expo Symbols, China Customs should also protect the Olympic Symbols and World Expo Symbols. The protection of intellectual property rights by China Customs can be divided into two modes: "protection by application" and "protection by authority". Applying for protection means that when the intellectual property right holder discovers that the suspected infringing goods are about to be imported and exported, he applies to the customs for protective measures according to the provisions of Articles 12, 13 and 14 of the Regulations on Customs Protection of Intellectual Property, and the customs detains the suspected infringing goods. Because the customs does not investigate the suspected infringing goods detained according to the application, the intellectual property right holder needs to sue the people's court for the infringement dispute, so the application protection is also called the "passive protection" mode of intellectual property rights by the customs.