Customs Reminds that lntellectual Property Obligees Should be Good at Protecting

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As a reporter, I was learned from Nanning customs that its Dongxing Subordinate customs had seized 410 pieces of mobile phone batteries, which were suspected to be using counterfeit trademark, from a foreign passenger in the check-in spot a few days ago.According to the new ″Intellectual property Customs Protecting Regulation of P.R.C.″, of course, this batch of goods was detained immediately and the investigation on the case was then executed.This is the first case discovered by the customs since the new regulation put in practice on March 1st of this year (2004).

In recent years, along with the continuously developing of international trade, quite a few enterprises and individuals have got to gradually understand the importance of intellectual property customs protection, but as what the customs officer concerned had told me, not a few intellectual property obligees did have suffered loss only because that they haven＇t applied for putting their intellectual properties in record.In 2003, Nanning Customs had totally seized 13 batches of goods with the value of 782 thousand Yuan that were suspected to be violating intellectual property. The involving goods are mainly the following: replacement for mobile phone, cordless telephone, glasses case, slippers, thermometer, video game machine, joystick, and motor air-filter, etc. In 2004, Nanning Customs had totally seized 20 batches of goods with the value of 687 thousand Yuan that were suspected to be violating intellectual property.These two figures are respectively increased by 53.0 % and reduced by 12.1 % comparing with the year of 2003.The involving goods are mainly the following: sport shoes, hoe, school bag, mobile phone battery, typewriter ribbon, electrical mosquito-killer, sport watch, and DVD disk of feature film, etc.; of which, 13 cases were placed on file with the case value of 624 thousand paring with 2003, these two figures are respectively kept the same and reduced by 18.4 %.

It was introduced that, comparing with the old regulation, the new ″Intellectual Property

Customs protecting Regulation″ has the improved items as follows:

1. Based on the protection scope of the old regulation that had already contained the right of monopoly using trademark, copyright, and patent right, the other rights related to copyright had been added into the protection scope of the new regulation as well;

2. The rule concerning the coercive transaction of putting on customs record was canceled in the new version.So the intellectual property obligees may directly ask the customs to take measures for protecting intellectual property at the border;

3. The valid period of putting on customs record was prolonged from the original 7-year to 10-year;

4. It was set in addition that the obligees may protect their own legal rights even more through juridical relief during the period of protecting intellectual property;

5. Some new rules related to the sum and form of submitting guarantee was issued so as to reduce the obligee＇s burden during the protecting process. Officer in charge of these matters in the customs told the reporter that: without putting on customs＇ record the intellectual property obligees might also directly ask the customs to take measures to protect their intellectual property, but they had better to apply customs＇ putting on record actively.Because that, the customs can seize and deal with the goods suspected to be violating intellectual property, and so to protect the obligee＇s legal right only after the obligee＇s intellectual property put on customs＇ record.(Translatcd by Li Yintang)