General Provisions
The first to the effective implementation of the "People's Republic of China on Customs Protection of Intellectual Property Rights Ordinance" (hereinafter referred to as "the Ordinance"), according to "China Customs Law," and other laws and administrative regulations, the enactment of this approach.
The second of the intellectual property rights of people requesting Customs to take measures to protect intellectual property rights or to the Customs Department for IPR customs protection filing, the territory of intellectual property rights were the direct or commissioned agents in application outside of intellectual property rights can be entrusted to people setting up their offices or inside agents to submit applications.
Intellectual property rights in accordance with the above provisions commissioned agent in the application and shall issue the authorization format provides instructions.
The third of intellectual property rights and their agents (hereinafter collectively referred to intellectual property rights) violations found the suspect about the import and export of goods, according to the provisions of Chapter III of the Customs to detain suspected infringing goods applications. The goods suspected of violating the Customs Department has the record of intellectual property, intellectual property rights can report to Customs, and in accordance with the way the provisions of Chapter IV Customs to detain suspected infringing goods applications.
The fourth of the import and export of goods or violate their agents (hereinafter collectively referred to violate) should be within a reasonable understanding of their import and export goods of intellectual property rights situation. The need to declare their import and export goods status of the intellectual property, violate should faithfully declare to the Customs and submit supporting documents.
The fifth person of intellectual property rights or violate submitted to the Department of the documents or evidence of commercial secrets, intellectual property or violate human rights should be written statements to the Customs.
Customs enforcement of intellectual property rights protection, it should be the conservative party's trade secrets. However, Customs should be to be open except for the information.
The second chapter of intellectual property rights record
The sixth of the intellectual property rights to file a customs protection of intellectual property rights record, it should be submitted to the General Administration of Customs form required by the application.
Intellectual property rights should be on the person filing the application of intellectual property rights in each one to submit a separate application. Intellectual property rights to apply for trademark registration record, it should be on their applications for each category of merchandise to submit a separate application.
The seventh of the intellectual property rights to the Customs Department to file the application, the following documents should be attached to the evidence :
(1) of intellectual property rights were the personal identity documents and a copy of its business license or other copies of the registration copy of the document;
(2) Chinese industrial and commercial administration departments and Trademark Office issued a "sample" of copies. Applicants approved changes registered trademark matters, the renewal of registration of trademarks, registered trademarks or transfer of the registration of trademark applications filed, it should also be submitted to the State Council, the industrial and commercial administration departments and Trademark Office issued the registration of trade marks to prove; Copyright registration department issued voluntary copyright registration certificate copies pieces by copyright registration and certification of works departments photographs. The applicant has failed to conduct voluntary copyright registration, the applicant can prove that the author of the copyright work samples and other evidence related to copyright; The State Council issued the patent administration departments patent certificate copies. Notice license from the date of more than one year, should also be submitted to the State Council in the executive branch patent applicants filing for the first six months of Zhuanlidejibao issued copies. Applications for utility model patents, designs or patents filed, it should also be submitted to the State Council made the patent administration departments of the utility model patent search copy of the report or the State Council issued the patent administration departments of Design Patent Notice copies;
(3) intellectual property rights of others permission to use the registered trademark, or patent work, signed a license contract, a copy of the contract permitting; Licensing contracts have not been signed and submitted by the licensee, and the scope permitted during such permission in writing;
(4) intellectual property rights of the legitimate exercise of intellectual property rights and packaged goods photographs;
(5) known the import and export of infringing goods evidence. Intellectual property rights holders and others infringement dispute between the People's Court or intellectual property rights has been handled by the competent department, shall also submit the copy of the legal instruments;
(6) that the Customs Department is required to submit documents or other evidence.
Intellectual property rights under the provisions of the preceding paragraph to the Customs Department to submit documents and evidence should be complete, true and effective. The relevant documents and evidence to the foreign language, it should be followed by a Chinese translation. The General Administration of Customs deems it necessary, they can request submitted intellectual property rights related to documents or evidence notarized certification instruments.
The eighth of the intellectual property rights holders should apply to the Customs Department for IPR customs protection filing of the filing fee paid. Intellectual property rights to the Customs Department to file applications should be attached to the filing fee remittance copies of certificates.
Filing fees for the collection of standards by the Customs Department in the relevant state departments to develop and publish.
9 IPR customs protection filing approval from the General Administration of Customs filing date of effect for 10 years. Since the filing date of entry into force of intellectual property a period of less than 10 years, the filing period for the validity of the intellectual property rights prevail.
"Regulations" before the implementation by the General Administration of Customs approved the filing or approval of the renewal of the validity of the record upon the validity of the original calculation.
The 10th of the customs protection of intellectual property in the record before the expiration of 6 months, intellectual property rights can propose to the General Administration of Customs renewal filing a written application and the accompanying documents. The Customs Department granted the renewal of the record, it should be written notice of intellectual property rights; No renewal, it should be notified in writing and intellectual property rights were justified.
The renewal filing period since the last session of the record expired the following day run, valid for 10 years. The validity of intellectual property rights since the last filing day following the expiration date less than 10 years, the renewal period for the filing of intellectual property, whichever is valid.
Following the record 11 that the situation changes, intellectual property rights from the people should change the date of 30 working days within the Customs Department, Customs proposed changes in intellectual property protection filing of the application and accompanying documents :
(1) intellectual property rights to the name;
(2) approved the use of the registered trademark goods;
(3) permit the use of the registered trademark, patent or work situations;
(4) intellectual property rights of the addresses, contact names, phone, etc.;
(5) "Regulations" the seventh of the other conditions.
Article 12 is one of the following conditions, intellectual property rights holders should keep a record of intellectual property rights since the change date within 30 days proposed cancellation of the General Administration of Customs IPR customs protection filing of the application and accompanying documents :
(1) intellectual property in the record before the expiry no longer subject to the laws, administrative regulations to protect;
(2) the record of the assignment of intellectual property rights.
Belonging to the circumstances specified in the preceding paragraph, the Customs Department can take the initiative in accordance with the relevant stakeholders or the cancellation of the application of intellectual property rights record.
Intellectual property rights in the filing period to give up the record, can apply to the Customs Department deregistration.
The Customs Department has deregistered, it should be written notice to the intellectual property rights holders. The record since the General Administration of Customs write-off date of failure.
Article 13 of the Customs Department under the "Regulations" Article 9 provides for the removal of customs protection of intellectual property rights record, it should be written notice of intellectual property rights holders.
The Customs Department revoked the record, intellectual property rights since the intellectual property rights record has been removed one year from the date the record was revoked on the intellectual property rights apply again for the record, the Customs Department will be able inadmissible.
The third application detained under Chapter
Article 14 of the intellectual property right infringement found the suspect and the import and export of goods will be detained by customs and should be based on the "Regulations" 13rd of the goods out of state to submit to the Customs applications. Intellectual property not in the record of the Customs Department, intellectual property rights should also attached to the 7th of the first paragraph (1), (2) the provision of documents and evidence.
Intellectual property rights were requesting Customs to detain suspected infringing goods, it should also be submitted to the Customs infringement facts sufficient to demonstrate the existence of clear evidence. Intellectual property rights of the evidence submitted, it should be able to demonstrate the following facts :
(1) requested Customs detained about import and export of goods;
(2) the goods on the unauthorized use of its trademark violations of the right to the trademark logos, or the implementation of the works of its patents.
Article 15 of the intellectual property rights of people requesting Customs to detain suspected infringing goods, the Customs should be provisions for a period equivalent to the customs value of the security.
The 16th of intellectual property rights in accordance with the approach the 14th of the application in accordance with the provisions of Article 15 to provide security, the Customs detain suspected infringing goods to Customs prior to the request to see the goods.
Customs agreed that intellectual property rights were detained at the Customs before the goods suspected of infringing revise or withdraw its application.
Intellectual property rights were the application of this approach is not consistent with the provisions of Article 14 or not in accordance with the provisions of Article 15 to provide security, the Department rejected the application should be notified in writing and intellectual property rights holders.
Article 17 of the Customs detain suspected infringing goods, it should be the name of the goods, the quantity, value and violate name, date of import and export declarations, customs detained date of the written notice of intellectual property rights holders.
Intellectual property rights can have a basis for the "Regulations" Article 23 of the applications to the People's Court to order a stop violations or property protection measures. Since the detention of suspected infringing goods within 20 working days of receipt of Customs to assist in the implementation of the People's Court ruled in a written notice, the Department should be assisted; Non-receipt of the notice, the Department should release the shipment.
Article 18 of the Customs detain suspected infringing goods, should be detained for suspected infringing goods by written notice served and detained vouchers violate. Customs agreed that violate can check the goods.
Violate that import and export goods have not been an infringement of the intellectual property rights, the Customs shall detain the goods within 20 working days within Customs and written statements accompanying the necessary evidence. Violate customs clearance request for patent infringement of goods, it should also be submitted to the customs clearance of goods and apply in writing to the equivalent value of the goods guarantees.
Violate Article 19 of the customs clearance request for patent infringement goods, in line with the approach to the 18th of the provisions of paragraph 2, customs clearance of goods should be notified in writing and intellectual property rights holders.
Intellectual property rights in respect of a patent infringement dispute to the people's court proceedings, and should be stipulated in the customs service of notice in writing within 30 working days within Customs People's Court accepted the case submitted copies of notices.
According to the terms of Chapter IV investigation
Article 20 The import and export of goods for customs supervision, import and export of goods found in alleged violations of the Customs Department, the record of intellectual property, it should be immediately notified in writing of intellectual property rights holders.
Article 21 of the intellectual property rights of the people should approach 20 of the customs service of a written notice within three working days in accordance with the following provisions reply :
(1) that the goods in violation of its record in the Customs Department and the Intellectual Property Department request to be detained, to the Customs detain suspected infringing goods and a written application under this approach to the 22nd of the provision of security;
(2) that the goods have not been in violation of the Customs Department or the record of intellectual property does not require Customs detain suspected infringing goods to the Department written statement of reasons.
Customs agreed that intellectual property rights can check the goods.
Article 22 of the intellectual property rights under the first approach of the 21st paragraph (a) of the request of the Customs detained goods suspected of infringing shall, in accordance with the following provisions to provide security to the Customs :
(1) the value of the goods less than 20,000 yuan, equivalent to the value of the goods to provide security;
(2) The value of goods for the 20,000 to 200,000 yuan, the equivalent of 50% of the value of the security, but shall not be less than the amount secured 20,000 yuan;
(3) the value of the goods more than 200,000 yuan, 100,000 yuan to provide security.
Customs agreed that intellectual property rights can provide to the Customs total security. The total amount of the security may not be less than 200,000 yuan.
Article 23 of the intellectual property rights under the first approach of the 21st paragraph (a) of the application in accordance with the provisions of Article 22 to provide security, the Customs should be detained for suspected violations of goods and give written notice of intellectual property rights; No application or failed to provide security, customs the goods should be released.
Article 24 of the Customs detain suspected infringing goods, should be detained for suspected infringing goods by written notice served and detained vouchers violate. Customs agreed that violate can check the goods.
Violate that import and export goods have not been an infringement of the intellectual property rights, the right should be in the Customs suspected infringing goods during the investigation to the Department to submit written statements and the accompanying need for the evidence. Customs clearance request for patent infringement of goods, but also goods from the Customs detained the day within 50 days to submit to the Customs clearance of cargo and the equivalent of a written application to the value of the goods guarantees.
Violate customs clearance request for patent infringement goods, in line with the above provision, in accordance with the approach to the 19th of the regulations. However, the Department during the investigation finds violations of the goods franchise, in accordance with the "Regulations" Article 27 of the regulations.
Article 25 of the Customs detain suspected infringing goods, infringement of the law should be suspect goods, and other relevant circumstances of the investigation.
Violate human rights and intellectual property right Customs investigation should cooperate and provide false information and evidence.
Customs suspects infringing goods right to conduct investigations, request the department in charge of intellectual property rights to provide advice.
Since the 26th of the detained suspects infringing goods within 30 working days, the Customs should be one of the following findings of a written notice of intellectual property rights :
(1) identify the goods on intellectual property violations;
(2) that violate that there was ample evidence to prove their goods have not been an infringement of the intellectual property rights;
(3) can not be determined whether the goods related to intellectual property violations.
27 of the Customs and Excise Department could not identify the goods of its violations of intellectual property rights, intellectual property rights were under the "Regulations" Article 23 of the applications to the People's Court to order a stop violations or property protection measures.
Suspects detained since the goods infringing the date 50 working days of receipt of the People's Court to order a stop violations of the protection of property or assisting in the implementation of the notice, the Department should be assisted; Non-receipt of the notice, the Department should release the shipment.
28 of the Customs and Excise Department confiscated goods infringement decision, it should be known following the written notice of intellectual property rights :
(1) the name of infringing goods and quantity;
(2) violate name;
(3) the import and export infringing goods declaration date, the officers detained date and penalties to decide on the commencement date;
(4) the infringing goods shipped to and brought;
(5) Customs can provide the other infringing goods and the situation.
The people's court or the competent authorities of intellectual property rights between the parties relating to infringement disputes, the need to assist the transfer of customs and import and export of goods related to the evidence that the Department should be assisted.
The 29th of the post or carried by individuals entering and exiting the items beyond personal use, and a reasonable amount for alleged violations of "regulations" the second of the intellectual property rights, the Customs should be detained; Right determined through investigation of infringement, be confiscated by the Customs.
Customs to investigate the infringing goods, intellectual property rights shall be assisted.
The fifth chapter of goods and disposal costs
Article 30 of the Customs and Excise Department confiscated infringing goods, the Customs should be disposed of in accordance with the following provisions :
（一）有关货物可以直接用于社会公益事业或者知识产权权利人有收购意愿的，将货物转交给有关公益机构用于社会公益事业或者有偿转让给知识产权权利人；
(2) the goods to be in accordance with subsection (a) of the disposal of which features to eliminate violations, the elimination of tort law after the auction. Proceeds from the auction of goods to the state budget;
(3) the goods to be in accordance with subsection (1), (2) provides disposal and should be destroyed.
Customs destruction of infringing goods, intellectual property rights should provide necessary assistance. The public will be confiscated infringing goods for the social welfare undertakings, and intellectual property rights were assisting Customs destruction of infringing goods, the Customs should make the necessary supervision.
Customs assist in the implementation of Article 31 of the People's Court to order a stop violations or property or the preservation of the ruling was released to the detention of the goods, intellectual property rights who should pay for the goods in the customs warehouse during the detention, custody and disposal costs.
Customs confiscated goods infringing intellectual property rights shall be in accordance with customs cargo detained after the actual payment of storage time warehousing, storage and disposal costs. Customs confiscated from the infringing goods delivered violate the decision date three months to complete disposal of the goods, which are not due to violate apply for administrative reconsideration or bring an administrative lawsuit goods disposal of other special reason for the intellectual property rights of people without the payment of three months of the relevant costs.
In accordance with the customs of the 30th paragraph 1 (b) of the infringing goods to the auction, the auction prices of expenditure in accordance with the relevant provisions.
32 of the intellectual property rights were not in accordance with the provisions of Article 31 of the means to pay the costs, the Customs the right to intellectual property rights since submitted a security deposit or deduct the costs required to fulfill the obligations under the guarantee guarantor.
Customs seized the infringing goods, should be completed in cargo handling and settlement costs related to intellectual property rights after the refund guarantees or from the security responsibility.
Customs assist in the implementation of the people's court order to stop the violations or property or the preservation of the decision was released detention of the goods, since the Customs assist in the implementation of the ruling People's Court released the goods or the date of 20 working days, before the People's Court on intellectual property rights to provide security assistance in the implementation of通知的，海关应当向知识产权权利人退还担保；收到协助执行通知的，海关应当予以协助。
33 of the Customs in accordance with the approach of the 19th, the first release were detained for alleged violations of the franchise after the goods, intellectual property rights in accordance with Article 19 of this approach to the provisions of paragraph 2 to the Customs People's Court accepted the case submitted copies of the notice, the Department assist in the implementation of the People's Court sentenced summary or convicted of notifying violate the Guarantee; the People's Court did not submit a copy of a notice of admissibility of the case, the officers should be returned to violate the guarantees.
Chapter VI.
The 34th of this approach, "security" means secured, bank or non-bank financial institutions guarantees.
The 35th of this approach to the value of the goods by the Customs cargo to the transaction price-based review identified. Transaction prices are not determined, the value of the goods from customs assessed.
The 36th of the people and violate intellectual property rights under the Customs approach to the documents submitted and a copy should be original documents and copies of checks. By correctly, it should be a copy of the notation "with the original certified" seal the words and be recognized.
The 37th of this approach since July 1, 2004 has come into effect. "The People's Republic of China on Customs Protection of Intellectual Property Rights Implementation Measures" (Customs Department Order No. 54) abolished at the same time.
Annex : 1. Customs trademark protection filing applications (format) (Omitted)
2. Patent applications filed on Customs Protection (format) (Omitted)
3. Customs copyright protection filing applications (format) (Omitted)
4. IPR customs protection of authorized instructions (format) (Omitted)
China Internet Network Information Center solution to the domain name dispute
To address the first of the Internet domain name disputes, in accordance with relevant laws and administrative regulations, and "Chinese Internet domain name administration," which, enact these measures.
The second of these measures apply to the Internet domain name registration or use caused controversy. The disputed domain name should be limited to the China Internet Network Information Center under the management of the CN domain names and Chinese domain names.
The third of the disputed domain name by the China Internet Network Information Center approved by the dispute settlement body admissible solutions.
Dispute settlement body shall, in accordance with the approach and the "China Internet Network Information Center domain name dispute resolution procedure rules" to formulate appropriate supplementary rules.
The fourth of the dispute settlement body responsible for implementing the Expert Group's dispute settlement system. Group 3 by one or master the Internet and related legal knowledge, higher professional ethics, to be independent and neutral right to adjudicate disputes domain experts. Domain Name Dispute Settlement Body adopts the form available online complaints and complaints were chosen roster of experts.
The fifth of any organization or individual that the person has registered the domain name with the institution or the individual's legitimate rights and interests in conflict, can dispute settlement body to lodge a complaint.
Dispute settlement body to handle complaints, in accordance with the rules of procedure provide for the formation of the Group, with the Group under the rules of practices and procedures, follow an "independent, neutral and convenient" principle, the establishment of the Expert Group on the date 14 days to make a ruling on the dispute.
The sixth of the domain name dispute resolution procedures for the use of the Chinese language, but the complainant and the complainant was otherwise agreed, or the Group decided to use other language except.
The seventh of the complainant and the complainant should be on their own proposals bear the burden of proof.
The 8th of the following conditions are met, the complaint should be supported :
(1) complaint with the domain complaints enjoy civil rights of the same name or logo, which can cause confusion with the approximate;
(2) the complaint to the domain name holder of the domain name, or its main parts not enjoy legitimate rights and interests;
(3) the complaint to the domain name holder of the domain name registration, or with malicious use.
9 complaint to the domain name holder is one of the following cases, malicious acts or the use of the domain name registration :
(1) domain name registration or transferee to the sale, lease or other transfer of the domain name to obtain illegitimate interests;
(2) many others will enjoy legitimate rights and interests of the name or logo of their registered the domain name to prevent others in the form of domain names on the Internet use of its legitimate rights and interests of the name or logo;
(3) the domain name registration or transferee is to damage the reputation of the complainant, the complainant damage normal business activities, or confusion with the complainant the difference between misleading the public;
(4) Other malicious circumstances.
The 10th of the complaints were directed against the same number of complainants in the domain name dispute, the complainant or by the complainant may request a dispute settlement body will be more controversial merger of a controversial case, a group of experts from the same address. Whether the merger, a decision by the Group.
Article 11 of the Expert Group on the dispute before a decision is made, complaints or complaints were that members of the Group and other interested parties, are likely to affect the impartial adjudication of cases, can dispute settlement body request for disqualification of experts, it should be stated according to evade the request According to the specific facts and reasons, and the burden of proof. Whether evaded by the dispute settlement body.
第十二条 在域名争议解决程序中，除域名注册服务机构根据争议解决机构的要求提供与域名注册及使用有关的信息外，中国互联网络信息中心和域名注册服务机构不以任何身份或者方式参与争议解决程序。
Article 13 of the Expert Group on complaints and complaints were provided by the controversy involving evidence and the facts will rule on the dispute.
Group finds the complaint is substantiated, the ruling should have canceled the registration of domain names, or the award to transfer the domain name registration to the complainant.
Group finds the complaints are not substantiated and should be dismissed complaints ruling.
Article 14 in accordance with the method of complaints, dispute settlement procedures, or to make a group decision, the complainant or complaints per capita on the same dispute to the China Internet Network Information Center located in China sue or on the basis of the agreement drew arbitration bodies.
The 15th of the dispute settlement body's ruling cancellation of the domain name or the award of the domain name transferred to the complainant, since the decision comes into effect for 10 days, domain name registration services agencies to implement them. But the complaints were from the ruling comes into effect 10 days to provide evidence of effective jurisdiction of the judicial or arbitral institutions have been accepted and the related controversy, the dispute settlement body to suspend the ruling.
The need to suspend the implementation of the Dispute Settlement Body's ruling, the domain name registration services, as the case handled as follows :
(1) there is evidence that the two parties to a dispute settlement has been reached, the implementation of the settlement agreement;
(2) there is evidence that the prosecution or arbitration application has been rejected or withdrawn, the implementation of the dispute settlement body rulings;
(3) the judiciary or arbitration ruling, which has the force of law, implementation of the magistrate.
The 16th of the domain name dispute resolution and the decision announced during the 10 days of the domain name holder may apply for transfer or cancellation at a controversial state of the domain name, but the assignee agreed in writing to accept binding dispute settlement ruling with the exception.
Article 17 of the Dispute Settlement Body established a special Internet site, accept online domain name dispute complaint, and released with the domain name dispute-related information. But by the complainant or by the request of the complainant, the dispute settlement body that release would be likely to prejudice the complainant or the complainant was in the interests of data and information may not be released.
The 18th of the China Internet Network Information Center under the Internet domain name and the development of technology and China's relevant laws, administrative regulations and policies of the changes to the modified approach. The revised approach will be published on the website and on the date of publication of 30 for future implementation. This approach has been submitted before the amendment to the dispute settlement body of domain name disputes does not apply new methods.
The revised approach will automatically become the holder of the domain name and domain name registration services already exist between the domain name registration part of the agreement. The domain name holders do not accept the solution to the dispute or its revised version bound, it should promptly notify the domain name registration services. After the notice is received, the domain name Fillmore service agencies will retain its name service on the 30th; 30 days later, the domain name will be written off.
The 19th of this approach by the China Internet Network Information Center is responsible for the explanation.
Article 20 of this approach since September 30, 2002 has come into effect. Former "Chinese domain name dispute resolution (2005)" abolished at the same time. |
