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Intellectual Property Customs Protection Registration

Time£º2019/05/28 17:18:08 View£º hits

1.What¡¯s Intellectual Property Customs Protection Registration?

Intellectual Property Customs Protection Registration refers that the intellectual property right holders register the information related to their intellectual property rights in written form with China Customs in accordance with the provisions of the Regulations on Customs Protection of Intellectual Property , including the legal status and the legal use of intellectual property rights, the information in relation to the goods, and the import and export of infringing goods.

 

2.Why do we need to register our Intellectual property with China Customs?

The reasons for filing our Intellectual property with China Customs are as follows:

(1) It is a prerequisite for China Customs to take active protection measures. if the intellectual property right holders have not filed their intellectual property rights, China Customs have no right to suspend and investigate the import and export of the infringing goods once they found that the infringing goods are about to enter and leave China.

(2) Helping China Customs to find infringing goods. If the intellectual property right holders have filed the related information of intellectual property rights, including the description of suspected infringing goods, China Customs may find the suspected infringing goods in the daily supervision. And thus, the legitimate rights and interests of right holders will be protected in a timely manner.

(3) Reducing intellectual property rights holders¡¯ economic burden. If the intellectual property right holder has filed their applications, they can provide the guarantee of less than RMB 100,000 to China Customs upon request. Or else, they shall provide a guarantee at the equivalent of the value of the goods£¬which might be much more than RMB 100,000.

 

3.Lawyers¡¯ Role in Intellectual Property Customs Protection Registration

According to Article 2 of the CPRI, an overseas intellectual property right holder shall file an application its entity established in China or its agent in China. That is to say, if an overseas intellectual property right does not establish any entity in China, they have to entrust an agent, like China lawyers to handle the registration.

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