Recently, the general customs administration published the status of protection of chinese customs intellectual property rights in 2017。
According to statistics, in 2017 china's customs authorities took more than 225,000 intellectual property protection measures, effectively detaining more than 191,000 shipments suspected of entering or leaving china in violation of rights, involving more than 4. 09 million cargoes。
Annex: status of protection of intellectual property rights at customs in china 2017
In 2017, the national customs service carefully followed up on the 19th and 19th sessions of the central economic working conference of the chinese socialist thoughts and party of the new age of xi jinping, and firmly followed up on the deployment of the party's central and state council's decisions, fully performing its customs service functions around innovative-driven development strategies, and immediately did so in good faith, so as to ensure that the tasks of customs protection of intellectual property rights were firmly advanced。
I. Law enforcement
In 2017, china's customs service further increased its enforcement effectiveness and continued to increase its efforts to protect intellectual property rights at the border, adopting intellectual property protection measures more than 225,000 times throughout the year, effectively detaining more than 191,000 shipments suspected of entering or leaving china in violation of rights, involving more than 4. 09 million shipments. The following are the main features:
Recovering ex officio customs seizures
Some 99. 78 per cent of the total number of seizures of goods suspected of being in violation by the customs authorities on an ex officio basis was 99. 75 million, or 99. 5 per cent, of the total number of shipments seized; 43 shipments of goods suspected of being in violation were seized by the customs authorities on application, or about 186. 5 million, or 0. 5 per cent, of the total number of goods seized。
Goods primarily in violation of trademark rights
Increase in the value of patented goods
The types of intellectual property rights in respect of goods seized by customs include trademark exclusive rights, patent rights, copyrights and rights related to copyrights, among which there are more than 40. 31 million goods involving infringement of trademark exclusive rights, representing 98. 48 per cent of the total cargo suspected of infringement. The value of goods involving patent protection has continued to increase, by 41. 2 per cent over the same period。
In may 2017, hangzhou customs seized slippers that violated the trademark rights of “adidas”。
Naval transportation and mail are the main channels for the seizure of cargo suspected of infringement
Customs seized more than 3,886,000 goods suspected of violating the law through maritime channels, representing 94. 92 per cent of the total number of goods seized throughout the year. In total, more than 169,000 shipments suspected of violating the law were seized through the mail channel, which represents 88. 48 per cent of the total number of seizures held throughout the year。
Customs in the eastern coast became the main battleground against abuses
China's customs authorities detained more than 40,944 cargo suspected of violating the law throughout the year, of which shanghai, shenzhen, ningbo, xiamen, hangzhou, tianjin, huang po and nanjing together accounted for more than 39. 2 million, or approximately 96 per cent of the total。
In september 2017, the shanghai customs service carried out operation "lonteng" and seized 6450 volumes of dyed paint。
Suspected commodities seized are mainly hardware and tobacco
The percentages were 25. 56 per cent and 25. 25 per cent, respectively. Compared to 2016, the number of medicines, other electromechanicals and clothing shows a decline of 98. 51%, 66. 05% and 44% respectively。
The number of goods suspected of violating the intellectual property rights of domestic enterprises continues to grow
The national customs administration has launched the "rongte" initiative to develop enterprises that export intellectual property advantages, further promoting the development of new technologies, industries and industries. Over 1,29. 4 million items suspected of violating autonomous intellectual property rights were seized throughout the year, an increase of 70. 8 per cent。
In august 2017, huang pil customs seized 120,000 pens that violated the shanghai heroes (group) limited trademark patent。
The seizure of goods in violation of intellectual property rights at the import chain is on the rise
The number of goods suspected of violating intellectual property rights by chinese customs at the import chain has increased by 20. 7 per cent over the same period last year and has increased for 10 consecutive years, mainly in connection with communications equipment, clothing, footwear, boxes and medicines。
On 5 november 2017, a total of 710 pairs of shoes identified as “nike” and “adidas” were seized by the nanning customs service under the east hing customs service in the east hing city。
There has been a high number of cases of abuse through mail and fast-mail channels
In recent years, cross-border e-commerce has flourished in china and greatly expanded the way for enterprises to enter international markets. China's customs authorities have investigated more than 17,700 cases of abuse through mail and express mail channels throughout the year. The number of such cases has been dispersed geographically, with more than 16,800, or approximately 95 per cent of the total, seized by customs offices in nanjing, jenan, shenzhen, zhengzhou, shanghai, chongqing, guangzhou, dalian and qingshima。
In april 2017, the nanjing customs office attached to the kimmu customs office in the post office seized sporting shoes that violated the converse brand。
Special care
China customs, based on the deployment of the party's central and state councils, combines the practical implementation of customs law, centralizes law enforcement efforts, strengthens the coordination of the office of the inspector-general, and carries out intensive and intensive special management, accurately and efficiently combats harmful and internationally resonant violations of the import and export chain, maintains a high-pressure posture against abuses, effectively preserves the market economy order and creates a climate for the rule of law and business。
China made an image abroad to protect the "clean wind"
In the course of the operation, customs, focusing on commodities such as electro-mechanical products, mobile phone-type electronics, medical devices and medicines exported to countries and areas along africa, the arab states, latin america and the “one way”, continued to intensify its efforts to combat the export of goods in violation of the law, uncovering a number of high-profile cases and further developing a good image of “china-made”. In a three-year operation, the customs system seized 533 thousand batches of goods suspected of violating the law, amounting to 115 million cases worth 520 million yuan。
In october 2017, qingdao customs, which is part of huangtao customs, seized one case of export cargo violation and seized over 14,000 car accessories that violated trademarks such as “weichai”。
Organization of joint enforcement of us-china customs intellectual property rights
China customs, in cooperation with the united states customs service, conducted two one-month joint enforcement operations each, focusing on the surveillance of infrequent consumer electronic products, vehicle spare parts, food medicines, sports clothing and goods sent from/to/to/from the united states by means of mail. Guangzhou customs, through risk analysis, seized 615 shipments of tort parcels sent to the united states through cross-border electronics outlets, covering mainly clothing footwear caps, case bags and leather products. During their operations, customs authorities in shanghai, huang pil, ningbo, shenzhen and shenzhen also seized a larger number of illicit cargo to and from the united states。
Further promotion of dedicated internet-related abuse and counterfeiting
To promote the healthy development of emerging business situations, such as cross-border e-commerce, to continue to promote ad hoc anti-fraud governance in the internet and to strengthen the fight against cross-border e-commerce import-export-infringe. China customs actively explores long-lasting governance mechanisms for cross-border e-commerce, and hangzhou customs and the ali baba group have established a “information-sharing, cross-linking, joint strikes” cross-border telecommunications provider's intellectual property protection collaboration mechanism to inform them of violations. The latter compares the identification and closure of 37 tort shops, and criminal proceedings have been initiated for criminal offences reported in cooperation. The guangzhou customs service, in close cooperation with the electrician platform, seized 632 shipments of abusive packages in the area of the internet and 6197 suspected cargoes. Customs authorities in xiamen, dalian, zinan, kenpei, harbin, chongqing and zhengzhou have also seized large quantities of goods in violation of the law。
In july 2017, guangzhou customs successfully seized 127 violation parcels through the mail channel, and the joint public security organs discovered cases of forgery by a large transnational network of clouds。
Action to protect intellectual property rights of foreign investors
Following up on the implementation of certain measures to promote the growth of foreign investment, creating a level playing field in the market and a favourable investment climate, further promoting the growth of foreign investment, improving the quality of its use, severely combating violations of the intellectual property rights (iprs) of foreign enterprises and effectively protecting the legitimate rights and interests of foreign enterprises, a programme of action for the protection of intellectual property rights (iprs) of foreign investment enterprises was jointly issued with 12 departments, including the ministry of commerce, and a three-month intensive rehabilitation operation was carried out from september to december 2017. During the course of the operation, the national customs authorities seized 9306 cases of import and export of goods violating the intellectual property rights of foreign investors, involving 5. 86 million goods valued at rmb 3. 5860,000。
Continuous increase in transparency in law enforcement
Customs protection of intellectual property has been made public and the borders of protection of intellectual property rights in customs have been further clarified; 100 per cent of the information on the punishment of cases has been made available online, and the deterrent against violations has been increasing; and there has been an effective interface with credit management in importing and exporting enterprises, and joint incentives and joint disciplinary mechanisms have been further refined. Transparency in the enforcement of china's customs intellectual property rights was fully evaluated in the international intellectual property index report 2018 issued by the chinese chamber of commerce。
The performance of customs in combating fraud is highly valued by all sectors of society. Five groups and two individuals from the customs service throughout the country have been rated as advanced collectives and individuals working to combat intellectual property violations and the sale of counterfeit and counterfeit goods。
Iii. Promoting innovation
China customs is committed to a combination of governance and innovation promotion in accordance with the law, to protecting intellectual property rights and stimulating the innovation dynamism of enterprises, to further implement the country's innovation-driven development strategy and the intellectual property-powering country strategy, and to actively promote the “export-intellectual-intellectual-intellectual-intellectual-intellectual-equacy-favoured enterprise development programme” in order to help achieve “a shift from manufacturing to creating powerful countries and from chinese products to chinese brands”。
Launching of the “lonte” initiative on intellectual property protection of enterprises with export advantages
The national customs service has launched operation lung teng as the main focus and enabler of the training programme, which has been widely launched and carried out with a view to achieving good law enforcement and social results. During the campaign, more than 1,400 new autonomous intellectual property rights were registered, 78 new professional defenders were added to the list of enterprises, and more than rmb 1. 157 million were raised. Local customs offices have increased their communication with the enterprises that are the focus of operation longtem, during which 253 cases of alleged infringement of autonomous intellectual property rights have been seized and investigated, involving more than 3. 11 million goods and recovering more than $74 million in economic losses for businesses. Enterprises generally reflect a marked clean-up of overseas markets and a marked recovery in market ownership。
On october 31, 2017, the customs authorities of kenpei and xiamen launched a joint detection mechanism for cross-border cases of operation yongteng, which resulted in the seizure of 350,000 boxes of mosquitoes suspected of violating the copyrights of nakayama's qiuang yui products。
Promoting self-regulation in industry
(c) actively promote cooperation with relevant industry associations to help industry strengthen the protection and application of intellectual property rights. The general customs administration provides guidance to the electric balancing car industry in setting up a patent licensing mechanism to assist in the normative development of the industry. It cooperates substantively with trade associations such as the chinese chamber of commerce for the import and export of electric and electrical products, the china trademark association, the china semiconductor association, the high-quality brand protection committee of the chinese association of foreign business enterprises and the chinese pentery association in the areas of information exchange, training of personnel, institution-building and the defence of industry rights. The macao customs department has taken the initiative to organize local trade associations, such as the pearl sea printing materials association, the china centre for rapid rights in china, the nanjing customs department, in close cooperation with the chamber of imports and exports of jiangsu province, the guangzhou customs department and the chamber of commerce of local jewellery factory, to guide and regulate the healthy development of enterprises in the industry。
Sustained decline in business advocacy costs
The continuation of the moratorium on filing fees has resulted in more than 9,200 new claims for customs protection of intellectual property throughout the year, an increase over the previous year's high rate of growth and the exemption from filing fees of nearly rmb 8 million. The transnistrian customs coordination centre for intellectual property trading provides third-party guarantee services for plastic industry-focused enterprises, the shanghai customs guarantee for patent disputes for innovative processed trade export goods, and guangzhou customs has established a “case centre” for the south china free trade pilot zone and a fast-track defence mechanism for the free trade zone to increase efficiency and reduce the cost of business advocacy。
