Introduction to the record of customs protection of intellectual property rights
It is mainly reflected in:
(1) It is a prerequisite for the Customs to take proactive protective measures. According to the Regulations, if the intellectual property rights holder has not filed its intellectual property rights with the Customs in advance, the customs finds that the infringing goods are about to enter and leave the country, it has no power to voluntarily suspend the import and export of the infringing goods, and it has no right to investigate and handle the infringing goods.
(2) Help the customs to discover infringing goods. Although according to the provisions of the Regulations, after the registration of intellectual property rights holders, they still need to apply to the relevant customs for taking protective measures when the infringing goods are about to enter and leave the country, but from the practice, whether the customs can find the infringing goods mainly depends on the customs inspection of the relevant goods. Because the right holder needs to provide the legal status of the intellectual property right, the contact information of the right holder, the legal use of the intellectual property right, the suspected infringing goods, the relevant pictures and photos, etc., when filing the record, the customs may find the suspected infringing goods in the daily supervision of the goods and take the initiative to detain them. Therefore, the filing of intellectual property rights in advance can enable the legitimate rights and interests of the right holder to be protected in a timely manner.
(3) To prevent possible infringement in the future. Since the customs confiscates the import and export infringing goods and imposes administrative penalties on the import and export enterprises, the early filing of intellectual property rights can have a warning and deterrent effect on those enterprises that import and export infringing goods without any scruples in the past, and encourage them to consciously respect the relevant intellectual property rights.
Trademarks, patents and Copyrights can be filed with the customs as intellectual property rights.