On April 25, 2023, the General Administration of Customs of the People’s Republic of China published “Typical Cases of China Customs Intellectual Property Protection in 2022″ (Typical Cases of China Customs Intellectual Property Protection in 2022). Cases include sportswear, toothpaste, auto accessories, watches, electronic products and other products. As can be seen from the following cases, customs will confiscate not only imported but also exported goods. Since China is the “factory of the world” and a major source of counterfeit goods, it is more efficient to confiscate exported counterfeit goods at China’s borders than to confiscate imported counterfeit goods at hundreds of ports around the world. Customs will also refer the case to the police for prosecution, which can have an effective deterrent effect.
In September 2022, Gaoqi Customs, a subsidiary of Xiamen Customs, inspected a shipment of goods declared for export by a supply chain company in Quanzhou and seized a total of 2,259 pairs of casual shoes from nearly ten well-known international sports brands such as UMBRO. . In addition, this batch of goods also included a batch of falsely declared branded bags. After testing 1,196 bags, their outer packaging and accompanying labels were marked with the logos of several world-renowned luxury brands. All of the above-mentioned brands’ bags are well-packaged and well-made, and some come with a full set of “vouchers” for overseas purchases and customs clearance, such as invoices for overseas purchases, credit card receipts and documents for overseas customs clearance. The price of each bag is more than 8,000 yuan. After identifying the owner of the trademark, the above-mentioned shoes and bags were found to be counterfeit products and detained by customs in accordance with the law. Public security authorities have been notified to conduct a joint investigation.
According to evidence provided by the customs, public security authorities arrested 18 suspects, destroyed 3 dens producing and selling counterfeit products, and seized more than 9 thousand bags and sneakers destined for export, with a total case value of 357 million yuan. . After preliminary investigation, the suspected criminal planned to smuggle the above-mentioned parcels out of the country and then through overseas “buying agents” sell them back into the country in the form of cross-border sales so that the counterfeit parcels could be sold. be mistaken for the real thing. and get high profits.
This case is a typical case where customs pays attention to new methods of violation and effectively protects the legitimate rights and interests of domestic consumers. In recent years, with the development of the economy, public demand for luxury goods continues to rise, and new shopping patterns such as “shopping abroad” and “shopping abroad” are on the rise. In this case, the suspect took advantage of a “business opportunity” and first exported and then re-imported counterfeit goods, forming a complete chain of “smuggling out of the country – purchase and mailing – resale within the country” in order to defraud domestic consumers. The investigation and handling of this case effectively protected the legitimate rights and interests of intellectual property rights holders and domestic consumers, and guided and reminded the public to rationally consume and purchase foreign products through official channels.
In April 2022, an import-export company in Lianyungang reported to customs that it had exported a consignment to Singapore, a member state of the Regional Comprehensive Economic Partnership (RCEP) Agreement, in the form of common trade. The Risk Prevention and Control Bureau (Huangpu) of the General Administration of Customs (Huangpu) confiscated the goods based on violation trend information provided by Huangpu Customs. Guangzhou Customs law enforcement officers discovered that the container contained toothpaste labeled “COLGATE.” 136,512 pipes worth 1.365 million yuan. The intellectual property owner believes that the above-mentioned products are suspected of violating its trademark rights registered with the General Administration of Customs. Guangzhou Customs has detained the above-mentioned goods suspected of infringing rights in accordance with the law. Based on the results of the investigation, a decision was made to impose administrative punishment with the confiscation of counterfeit goods and the imposition of a fine.
This case is a typical example of how Customs promotes the implementation of RCEP and effectively combats violations. Under the special intellectual property protection action “Operation Dragon 2022″, Customs has strengthened the supervision, risk prevention and control of counterfeit goods exported to RCEP member states, expanded the right to publicly publish RCEP customs protection policies, and promoted the effective implementation of the RCEP agreement. In this case, Customs has strengthened joint violation risk prevention and control, improved the response mechanism, made full use of the overall synergy of the customs supervision chain, and improved the management efficiency of cross-border violations.
In August 2022, a company in Guangxi instructed a company in Hunan Province to declare a consignment of imported goods to customs on a general trade form. There were 3,539 down jackets and other products with “MLB” and other logos valued at 455,600 yuan. The relevant rights holders believe that the above-mentioned products are suspected of violating their trademark rights registered by the General Administration of Customs. In September 2022, customs detained suspected counterfeit goods in accordance with the law. Based on the results of the investigation, a decision was made to impose administrative punishment with the confiscation of counterfeit goods and the imposition of a fine.
This case is a typical case where Customs fulfills its national control responsibilities and curbs irregularities and illegal activities in the import process. As a result of the transformation and upgrading of the domestic industry and the continuous improvement of the people’s living standards, domestic consumers’ demand for famous brand consumer products continues to rise, and some counterfeit and counterfeit products are waiting to flood the country. In this case, Customs made full use of its advantages in the supervision of physical goods, carefully identified the risks of violations, and carefully confiscated counterfeit goods based on relevant characteristics such as the origin of the imported goods. This case fully reflects the responsibility of Customs to effectively curb import violations and illegal activities, prevent counterfeit and counterfeit goods from entering the domestic market, and protect the rights and interests of creditors and consumers.
In July 2022, a mining company in Guangzhou filed an application with Huangpu Customs, claiming that the mining equipment (spiral trench) that the Guangzhou company was about to export to Malaysia at the old port of Guangzhou Huangpu was suspected of infringing its invention patent and filed an application. Customs provided evidentiary materials such as invention patent certificate and infringement analysis. Huangpu Customs immediately inspected the materials provided by the company and took strict control measures. On July 14, when Huangpu Customs inspected this batch of goods, they found 15 double-slot spiral grooves and 41 three-slot spiral grooves for mining equipment, which were suspected of infringing the patent rights of the invention of this batch of goods. holder. On July 20, Huangpu Customs detained the above-mentioned goods suspected of infringing rights in accordance with the law. After customs detained the allegedly counterfeit goods, the copyright holder filed a claim for infringement in court. Customs actively cooperates with the court in collecting evidence regarding goods suspected of infringing rights so that copyright holders can successfully defend their rights.
This case is a typical case where customs protects the core patents of small and medium-sized enterprises and helps the private economy to flourish. Small and medium-sized enterprises are a new force for national economic and social development. The copyright holder in this case has obtained patents for inventions in 6 countries, including China, with annual sales exceeding 10 million yuan. The appearance of counterfeit patented products on the market has led to a decrease in the market share of copyright holders. This has seriously affected the survival and development of enterprises. Customs actively supports small and medium-sized enterprises to innovate and protect their rights, and also provides customized advisory services to rights holders. This case is a clear example that customs can fully realize its functions of protecting intellectual property, protect the legitimate rights and interests of innovative small and medium-sized enterprises, and help enterprises overcome difficulties.
In June 2022, Jiangmen Customs received a report from a motorcycle technology company in Guangdong, which alleged that a large number of private-label motorcycles had been violated in overseas markets. Jiangmen Customs immediately began to assist the company in protecting its rights. In August, Jiangmen Customs, based on reports from copyright holders, seized 15 motorcycle parts in containers declared for export by a Jiangmen technology company. Upon inspection, 6,000 150cc engines were found, marked with the graphic logo of fenders and motorcycle engines. 5 tons of accessories and 105.99 tons of other motorcycle parts worth 9.4235 million yuan are suspected of violating the trademark “Haojiang”, registered by the copyright holder with the State Administration of Industry and Commerce. The copyright holder considered that the goods were suspected of violating his trademark rights and sought protection from the General Directorate of Customs. Customs has detained the above-mentioned suspected infringing goods in accordance with the law.
During the investigation of the case, Jiangmen Customs discovered that there were another 24 containers in the surveillance area containing related products that matched the above-mentioned seized engines and accessories but had not yet been declared. Customs promptly provided relevant evidence to the Market Surveillance Authority. The copyright holder asked the People’s Court to preserve the property of the relevant goods in 24 containers, and the customs assisted the court in fulfilling the request in accordance with the law.
This case is a typical example of how Customs promotes interagency law enforcement cooperation and builds a comprehensive system for protecting intellectual property. Intellectual property protection is a systemic project. Customs, as a body for the supervision and management of entry and exit, is an important link in the national system of intellectual property protection. Together with the protection of intellectual property rights in domestic production, sales, circulation and other communications, it constitutes an organic whole of intellectual property protection. In this case, Customs took the initiative to notify the market supervision and management department, actively assisted the judiciary, promoted the protection of the entire chain of intellectual property rights, and carried out useful research to improve smooth, fast and efficient coordination. mechanism. protection mechanism.
In January 2022, when Yangshan Customs, a subsidiary of Shanghai Customs, inspected a shipment of brake pumps, camshafts and other goods declared for export by a trading company in Ningbo, a large number of undeclared Toyota and Ford vehicles were discovered. “The parts were hidden in containers. There are more than 105,000 pieces of spark plugs, cylinder gaskets, piston rings and other products from 15 automobile brands, valued at more than 610,000 yuan. After confirmation of the copyright holder, the above auto parts were recognized as counterfeit products.
In January 2022, when Guang’ao Customs, a subsidiary of Shantou Customs, inspected a shipment of toys declared for export by a Zhuji import and export company, they found that there were 30,000 balloons, each with many famous animations printed on it. and cartoon characters from films such as Frozen and Minions. Upon confirmation by the copyright holder of the above-mentioned work, the balloon was determined to be an infringing product.
In July 2022, Dalian Customs detected a sharp increase in the number of export pens in the customs territory, determined that there was a high risk of violations, and launched special enforcement measures. In August, Beiliang Port Customs during an inspection found that the outer packaging boxes of ballpoint pens declared for export did not have any markings, but the ballpoint pens themselves were marked with the “PILOT” mark. In total, 240,000 pens were discovered. At the same time, Dayaowan’s subsidiary customs seized 3,050 ballpoint pens bearing the Mitsubishi Graphic logo. After confirmation of the copyright holder, the above-mentioned ballpoint pens were recognized as counterfeit products.
In July 2022, when Nanning Customs’ Longbang Customs inspected products exported by a company in Jingxi City, they confiscated a total of 4,765 watches bearing the logos of “TISSOT”, “TAGHEUER”, “OMEGA”, “SEIKO” and “LONGINES”. Cost 1,006,000 yuan. Copyright infringing products confirmed.
This series of cases is a typical example of how Customs protects the rights and interests of foreign-invested enterprises in accordance with the law, creates a first-class business environment, and promotes a higher level of openness to the outside world. Intellectual property protection is related to the country’s general openness to the outside world. Strict intellectual property protection contributes to the continuous optimization of the business environment and the construction of a higher-level open economic system. In this series of cases, Customs has always adhered to the concept of “equal protection” and protected the legitimate rights and interests of Chinese and foreign companies equally.
In January 2022, when Hangzhou Customs inspected a shipment of railway export goods, they discovered that the goods were actually titanium dioxide pigment with a total weight of 11,875 kilograms and a value of 314,500 yuan. The copyright holder believes that the above-mentioned goods are suspected of violating its trademark “TI-PURE”, registered with the General Directorate of Customs. Hangzhou Customs quickly launched the mechanism of “coordinating two laws” and notified the matter to the public security authorities for investigation. Currently, public security authorities have opened criminal proceedings against two suspects.
In May 2022, when Lanzhou Customs inspected a consignment of foreign goods at Wuwei Customs Logistics Center (Type B) in Gansu Province, they seized 7,134 pairs of counterfeit sports shoes involving 7 trademark rights, including “DSQUARED²”, valued at RMB 303,600. . After confirmation of the copyright holder, all the above-mentioned sports shoes are counterfeit products. Customs detained them in accordance with the law and handed them over to public security authorities for investigation.
In June 2022, Tianjin Customs seized 933 counterfeit tie rods worth RMB 1.1165 million in the cargo channel for suspected infringement of the trademarks “BMW”, “Graphics (Minions)” and “Car-Style Guide Packaging and Retail Signage” . Copyright. The copyright holder has confirmed that the above-mentioned levers violate product rights. Tianjin Customs launched the mechanism of “cooperation of two laws” in accordance with the law and cooperated with public security authorities to arrest three criminal suspects for production and sales are ending.
In July 2022, Kunming Customs discovered at a cross market at the border of Nansan Port that Yu Moumu wine packages declared for export had the graphic logos of “sky blue” and “sea blue” printed on them, with a total of 34 boxes and 168 bottles. costs 120,000 yuan. The copyright holder believes that the above-mentioned goods are suspected of violating the rights to the trademarks “Tianlantu” and “Hailantu” registered by the General Administration of Customs. Kunming Customs strengthened the “cooperation between the two laws” and cooperated with public security authorities, and then confiscated more than 900 boxes of counterfeit liquor, which violated trademark rights.
This series of cases represents a typical case where Customs actively promotes the link between administrative law enforcement and criminal justice based on key areas and areas where public opinion is strong, public opinion is concerned, and rights violations and counterfeiting are common. justice. In this series of cases, Customs actively carried out the practice of “merging two laws” through various channels such as cargo, customs exchange and border resident exchange, seized counterfeit products and took full advantage of it in a timely manner. interception of products that infringe registered intellectual property rights when imported and exported. Customs is collaborating with public security agencies to “strike at the source, shut down the network and sever communications” and take decisive action to curb illegal and criminal activities that violate intellectual property rights.
In March 2022, Rongcheng Customs, a subsidiary of Fuzhou Customs, discovered a batch of roughly manufactured and poorly packaged clothing while inspecting export packages declared by a company in Fujian for cross-border e-commerce. After checking the information, it turned out that the company declared several batches of parcels for export at the same time. Upon further review, it was determined that 1,660 items of clothing and footwear were suspected of infringing 35 well-known brands and were confirmed to be infringing by their rights holders.
In July 2022, when Jiaodong Airport Customs, part of Qingdao Customs, inspected a batch of goods declared for export under cross-border e-commerce, they found that there were many questionable items on the customs declaration list, such as the name of the goods, the names were very similar, and the shipping document numbers were very similar. Customs opened and inspected the boxes one by one and found 12,943 counterfeit products such as charging plugs, mobile phone back covers, shoulder bags, etc., allegedly infringing the trademarks of more than 20 brands, including “SAMSUNG” and “APPLE”. » worth 267,000 yuan. The copyright holder has confirmed that the product violates copyright.
In November 2022, when Hengqin Customs, a subsidiary of Gongbei Customs, opened and inspected 582 packages declared by the company for export through cross-border e-commerce, it found that a large number of packages had the words “FIFA” and “World 2022 World” on them. “Cup” is embroidered on them. The words “Football match”. Logo of the World Cup in Qatar. The rights holder contacted has confirmed that it has infringed the relevant intellectual property rights of FIFA and Qatar 2022 World Cup Qatar 2022, FIFA and Hercules Cup Graphics.
This series of cases is a typical example of how Customs insists on a “combination of punishment and reward” to promote the healthy development of new business formats. In recent years, cross-border e-commerce has developed rapidly, greatly expanding enterprises’ access to international markets, and gradually becoming a new growth engine for my country’s foreign trade. In this series of cases, considering the characteristics of cross-border e-commerce trade logistics such as fast customs clearance, complex product grades and a large amount of information corresponding to the list, customs took full advantage of large-scale monitoring data analysis, increased the level of intellectual property protection and enforcement, and also protected cross-border import and export trade order through e-commerce channels. At the same time, Customs should strengthen the promotion of cross-border e-commerce compliance, increase enterprises’ awareness of law-abiding transactions, and guide enterprises to consciously comply with customs protection laws and intellectual property rights regulations. right.
When Suzhou Customs, a subsidiary of Nanjing Customs, carried out regular inspections of customs clearance of outgoing parcels, it found that many outgoing parcels sent from Suzhou, Changzhou and other places had deviations. After a targeted inspection, customs found items in the packaging such as T-shirts with an “Olympic five-ring pattern”, Disney shoes and Mercedes-Benz car logos. Suzhou Customs uses the “on-site inspection + risk control” model to extract violation information elements for risk control. As a result, 1,098 shipments of key buttons, clothing, shoes and hats, as well as car accessories, suspected of violating the exclusive rights to samples of Olympic mascots, Olympic mascots and other Olympic symbols, including more than 2,000 items, were seized from sent postal parcels. Trademark rights, such as “Disney”.
When the post office customs affiliated with Beijing Customs inspected express mail sent from Beijing, Hebei, Shanxi and other places, they found that the senders of many mail shipments were unknown, there were no specific addresses and contact information, and there was no content of the parcels. were labeled as “foam pads”. During the investigation, a total of 1,270 batches of the above-mentioned express shipments were discovered, including about 3,000 cigarettes with the Marlboro logo and other logos, which the copyright holders recognized as counterfeit products.
The Post Office Customs, affiliated with Urumqi Customs, encourages postal enterprises to accurately and timely declare and transmit information, and conduct risk analysis regarding contractors, senders, sensitive goods and other relevant information. A total of 8,280 infringing items were confiscated, and more than ten brand rights holders were also suspected of infringing 12 trademark rights. The value of the infringing items was 247,100 yuan.
This series of cases represents a typical case of Customs relying on scientific and technological capabilities to combat irregularities and illegal activities such as “ant relocation.” For three consecutive years, Customs has conducted “Operation Blue Net” to protect intellectual property rights in shipping channels and continues to strengthen customs protection of intellectual property rights in shipping channels. In this series of cases, Customs created an intelligent risk control model, made full use of the same CT screen comparison to identify the risks of irregularities along key postal routes involving the entry and exit of high-risk goods with irregularities, and introduced innovative application of technology throughout process of enforcing intellectual property laws to achieve rapid identification and precise strike. Customs continues to expand the results of special operations, effectively combines machine and manual inspections, and continuously improves the efficiency of intellectual property protection and enforcement.
In February 2022, when Meishan Customs, a subsidiary of Ningbo Customs, inspected a shipment of goods called “silicone toys” and “plastic wallets” declared for export by a company in Yiwu, it seized 4.576 million game cards, 14,700 game cards, 2,460 sets game cards. Game set with the POKEMON logo. The copyright holder has confirmed that the above mentioned game cards, card books and toy sets are infringing products.
In March 2022, Chengdu Shuangliu Airport Customs, a subsidiary of Chengdu Customs, seized 1.4883 million cards, 18,000 card books, 16,200 commemorative coins, 72,000 sets of plastic protective covers and supporting packaging paper, the goods were marked as “Pokemon” when exported ” supplies.” Identifies the channel. After confirmation of the copyright holder, the product was determined to be infringing.
In May 2022, a company in Changsha declared a batch of export paper cards to Xingsha Customs, a subsidiary of Changsha Customs, in the form of market purchases, intending to ship them overseas via the China-Europe Express Railroad via Korgas Port. After inspection, it was determined that the batch of goods was marked with the POKEMON logo with a total quantity of 198,000 pieces. The copyright holder has confirmed that the game card violates copyright.
In January 2022, Jinan Airport Customs, a subsidiary of Jinan Customs, conducted an on-site inspection of clothing, game cards and other goods declared to be exported by a company in Nanjing under general trade, and found that the actual goods contained “POKEMON”. In November 2022, Jinan Airport Customs seized 25,000 copyright-infringing game cards exported by another company in Nanjing.
This series of cases is a typical example of Customs paying attention to new infringement trends and effectively combating infringement of new consumer products. With the development of global work-from-home policies, the incidence of violations of imported and exported indoor entertainment consumer products confiscated by customs has increased. Customs is well aware of new violation trends, pays special attention to carrying out special supervision of goods with a high frequency of violations, and conducts dynamic monitoring of violations in real time. On the one hand, Customs has strengthened the exchange of evidence and information, forming a “chess game” model throughout the country. On the other hand, Customs has strengthened the connection between the two laws. Customs, in cooperation with public security agencies, has successfully destroyed counterfeiters’ dens and arrested many criminal suspects, effectively protecting the legitimate rights and interests of copyright holders, as well as the health and safety of consumers, especially children.
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Post time: Dec-11-2023