Hit the scene | Visit Ningbo Customs of the People's Republic of China

2023-06-13

On the morning of June 8, 2023, representatives of some of the world's well-known industrial adhesive products industry brands organized by Cairtopo Intellectual Property Service (Shanghai) Co., Ltd. visited Ningbo Customs of the People's Republic of China from all over the world and had a discussion and exchange with the leaders of the Intellectual Property Department of the General Office of Ningbo Customs on intellectual property protection matters.

The leader of the Intellectual Property Department of the General Office of Ningbo Customs introduced: "The protection of intellectual property rights by the customs is divided into two forms: one is active protection (ex officio), and the other is passive protection (according to the applicant's application). The contents include: customs filing of intellectual property rights, seizure of suspected infringing goods to be imported and exported, investigation of the infringement status of the goods, punishment of the recipients and consignors of the infringing goods, confiscation and disposal of infringing goods, etc. ”

The leaders of the Intellectual Property Department of the General Office of Ningbo Customs also provide the following three ways to protect intellectual property rights:

1. Intellectual property rights should be filed with the competent authorities of China Customs. The right holder shall submit an application for filing to the General Administration of Customs of China in a timely manner, and if the application is made by an agency in China, it shall also present the power of attorney for this matter to the agency;

2. It is recommended to enable the customs filing agency mechanism. For the intellectual property rights that have been filed, when the customs officer finds that the imported and exported goods are suspected of infringing the registered intellectual property rights, the customs department will notify the right holder or its agent in writing by e-mail or fax. Since many foreign companies do not work or live in China, in order to ensure the timeliness of communication and handling of infringing goods, it is recommended to register the intellectual property agency company in China as a customs agent when filing with the General Administration of Customs.

3. It is recommended that the overall appearance of the goods be registered as a figurative trademark. When registering a figurative trademark, in addition to registering the brand LOGO as a figurative trademark, it is also recommended to register the overall appearance as a figurative trademark or a three-dimensional trademark, when the infringer wants to avoid being investigated and punished by the competent authority and replaces the LOGO, but as long as the use of the registered figurative trademark of the right holder still constitutes infringement, the right holder can also protect its rights according to the registered three-dimensional trademark and figurative trademark.