General Administration of Customs: Strengthen the protection of the entire chain of intellectual property rights and zero tolerance for infringing goods
2021/3/2 21:08:30
At the beginning of this year, Beijing Customs has added another "artifact" to intellectual property protection! Recently, Chanel confirmed the rights of a shipment of goods suspected of infringing intellectual property rights through the "Yunque" platform of Beijing Customs, and it only took 9 minutes to identify the "counterfeit" package. "The'Yunque' platform can realize the'zero contact' and'zero omission' of intellectual property rights holders to quickly confirm their rights remotely; at the same time, the customs can release the goods on the spot that have been identified and excluded from infringement by the right holders, greatly reducing the time for legal goods to clear customs." /div>
Customs has always maintained a "zero tolerance" for infringing goods, and has continued to make great efforts to strengthen the protection of the entire chain of intellectual property rights. In 2020, the General Administration of Customs will deploy national customs to intensively carry out special enforcement actions for intellectual property protection such as the "Long Teng Action 2020", the "Blue Net Action" of shipping and delivery channels, and the "Net Net Action" of export transshipment goods; continue to upgrade the protection of intellectual property rights in emerging businesses and crack down on them. In the field of cross-border e-commerce infringement and illegal activities, strengthen the identification and investigation of high-risk anti-epidemic materials for infringement. In 2020, the national customs detained a total of 56.18 million suspected infringing goods, a year-on-year increase of 20%.
Combating "Break Down" Infringements
In recent years, with the development of the Internet economy and e-commerce, some criminals have turned their attention to infringement and counterfeiting to cross-border e-commerce platforms, which has brought new challenges to customs intellectual property protection .
On April 28, 2020, when Chengdu Customs inspected a batch of cross-border direct mail export goods, it found that a company declared more than 200 packages with the name "Watch". Random inspection found that it was a Rolex watch, although it was printed with the "ROLEX" brand logo, but the outer packaging was simple and the workmanship was rough, and there was a greater suspicion of infringement. After unpacking inspection, there are 312 watches in total, involving many well-known brands such as Rolex and Vacheron Constantin. Confirmed by the relevant right holders, this batch of watches are all infringing products.
The reporter learned that, in response to the risk of infringement in mail, express mail, and cross-border e-commerce channels, the General Administration of Customs launched the "Blue Network Action" on March 15, 2020 to protect intellectual property rights in shipping channels. During the operation, customs across the country detained 55,500 batches of infringing goods in inbound and outbound mail and express mail channels, an increase of 17.16% year-on-year, which effectively combated the "resolved into parts" and "ant moving" infringements.
At the same time as the crackdown, the national customs has strengthened policy announcements, supervised and urged delivery companies to standardize receipt and delivery inspections, and further deepened cooperation with e-commerce platforms. For example, Hangzhou Customs has taken advantage of the developed cross-border e-commerce in Zhejiang to establish cooperative relations with a number of well-known cross-border e-commerce platforms across the country, jointly set up cooperative workstations for intellectual property protection, and used the cooperation mechanism of "information sharing, clue exchange, and joint crackdown". , Through "big data" and "cloud computing" to accurately locate counterfeit sellers, guide e-commerce platforms to actively carry out comprehensive governance, and build a pattern of co-governance against infringement in the Internet field. Nanning Customs has established an information notification mechanism with cross-border e-commerce platforms to urge e-commerce platforms to remove 131 types of suspected infringing goods and suspend business for 90 sellers.
Strengthen the investigation and punishment of infringement and epidemic prevention materials
Strictly controlling the quality of exported anti-epidemic materials is a key part of effectively supporting the international community in jointly responding to the global public crisis and maintaining the image of Made in China. In accordance with the requirements for the prevention and control of the new crown pneumonia epidemic, the General Administration of Customs has deployed national customs to strengthen the screening and investigation of high-risk anti-epidemic materials such as medical masks, protective clothing, thermometers, and ventilators.
In 2020, after Shanghai Dasheng Sanitary Products Manufacturing Co., Ltd., a key mask manufacturer in Shanghai, reported frequent infringements, Shanghai Customs instructed companies to file for intellectual property rights, and carried out key investigations and seizures for continuous The interception of 6 batches of 415,000 masks that infringed on the trademark rights of "Dasheng DS" enabled timely and effective containment of infringements and standardized the import and export order of the mask industry. According to company feedback, the annual sales volume of masks reached 180 million, a sharp increase of nearly five times year-on-year, and the overseas market share nearly doubled from the previous year. In addition, Shanghai Customs and the public security organs have made epidemic prevention medical supplies the focus of cooperation in execution, and successively transferred 5 cases of infringing masks.
In view of the concentrated characteristics of epidemic prevention material production enterprises in Jiangsu Shuyang, Siyang and other places, Nanjing Customs screened out 52 key production enterprises for epidemic prevention materials, and guided medical protective clothing, isolation gowns, and disposable medical gloves The export intellectual property compliance declaration of other professional products has helped the smooth export of epidemic prevention materials, which has become a highlight of the local foreign trade.
In order to support the prevention and control of the epidemic in various countries around the world and effectively stop the cross-border flow of illegal and counterfeit medicines and medical supplies, the General Administration of Customs has organized national customs to actively participate in the prevention and control of illegal counterfeit medicines and medicines initiated by the World Customs Organization. International joint law enforcement operations for the cross-border movement of medical supplies. During the operation, customs across the country strengthened control and inspection of anti-epidemic medical supplies and medicines with high risk of import and export infringement. A total of 5 cases of infringement of anti-epidemic medical supplies and medicines were detected, involving 1.6 million commodities, which effectively deterred infringement and illegal activities.
Optimized services to help enterprises' rights protection innovation
National Customs continues to optimize the content of services, improve assistance measures, and continuously improve the rights protection capabilities of exporting intellectual property superior enterprises. In 2020, there will be 4,263 new intellectual property customs protection filing enterprises nationwide, of which 2,710 are domestic enterprises, accounting for 63.57%. The distribution area of ??enterprises has spread from the more developed southeast coastal provinces to the central and western regions.
Lanzhou Customs assisted the "China Time-honored Brand" Lanzhou Foci Pharmaceutical Co., Ltd. With 89 years of pharmaceutical history to apply for the record of intellectual property customs protection, and cooperated with Tianjin, Shanghai, Shenzhen and other customs to carry out law enforcement cooperation. For the first time, 7344 bottles of proprietary Chinese medicines infringing on its "ci" brand trademark were detained in the export process. Harbin and Qingdao Customs have innovated in the free trade zone the way of guaranteeing the release of export goods in patent disputes, introducing a third party to provide counter-guarantee funds to the shipper to release the goods, so as to relieve the financial pressure of enterprises. In response to the cluster of high-tech innovative enterprises in the customs area and the urgent need for patent protection, Shenzhen Customs continued to improve the patent protection model of "active protection, coordinated attack, and professional standards", and investigated 11 batches of patent infringement cases.
Customs in various places pay close attention to the latest trends in international intellectual property protection, deeply understand the difficulties of business operations and rights protection, and encourage enterprises to actively respond to infringement disputes. Beijing Customs and the Beijing Intellectual Property Overseas Rights Protection Alliance conducted training to popularize knowledge of customs protection of intellectual property rights to import and export companies, and help companies understand the customs policies and rights protection measures of the target country. Jiangmen Customs and Jiangmen Municipal Market Supervision Bureau launched the "Intellectual Property Overseas Escort" project to provide companies in key industries with guidance on the overseas layout of trademarks and early warning analysis services for industrial patents.
Cooperate closely to strengthen cross-regional law enforcement
The national customs further deepened the cross-customs area combat law enforcement model. Last year, it carried out 254 times of inter-customs cooperation at various levels through "shared clues", "co-analysis of case information" and "co-discussion strategies".
Nanjing, Zhengzhou, Hefei, Nanchang and other customs have carried out joint law enforcement through accurate analysis and analysis of relevant information such as the consignor and sender in response to the potential risk of the drift of infringing goods in the postal channel . Hefei Customs detained 3388 batches of infringing goods, an increase of 10 times compared with the previous year; Zhengzhou Customs detained 4031 batches of infringing goods, a year-on-year increase of 69%; Nanchang Customs detained 445 batches of infringing goods, an increase of 37 times compared with the previous year. Customs across the country closely coordinated administrative and judicial protection, and deepened cooperation with administrative and judicial agencies such as market supervision, food and drug supervision, tobacco monopoly departments, and courts. The customs of Hohhot, Shenyang, Nanchang, Shantou, Haikou, Lanzhou and other local market supervision bureaus signed agreements to strengthen cooperation in intellectual property protection, and further coordinated cooperation in law enforcement cooperation, research on major and complex and difficult issues, notification and transfer of case clues, and corporate services.
The national customs also promptly disclosed information on customs intellectual property penalties in accordance with the law, and played a warning role of “one punishment, one deterrence”. In 2020, a total of 1,360 pieces of administrative punishment information were disclosed, and the relevant government departments were united Implement joint punishments against untrustworthy and illegal enterprises in accordance with the law.