The qualifications of the filing applicant
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Intellectual property rights holdersThey may apply for the record of customs protection of intellectual property rights. Here "intellectual property rights holder" refers to the trademark registrant, patentee, copyright and copyright-related right holder stipulated in the Trademark Law, Patent Law and Copyright Law of our country. An intellectual property right holder who is qualified for filing an application may be either a natural person or a legal person.
Sub-companies (subsidiaries) of enterprises, close relatives of natural persons, intellectual property licensees, intellectual property agents and third parties may not apply for the customs filing of intellectual property rights in their own names, but may accept the entrustment of trademark registrants, patentees, copyright owners and copyright-related right holders and file applications as agents.
2.2 One right, one application
According to the provisions of Article 6 of the implementation Measures of the General Administration of Customs concerning the Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights, the owner of intellectual property rights shall submit a separate application for each intellectual property right that he has applied for the record. Where an intellectual property right holder applies for the filing of an international registered trademark, he shall submit a separate application for each class of goods for which he applies. The above provisions can be summarized as "one right, one application".
The term "one intellectual property right" means: (1) a trademark registration certificate; (2) a patent certificate; (3) a copyright work (where copyright has been voluntarily registered, it refers to a work registration number). Although the international registration of trademarks is to record all the goods using a trademark in a registration certificate, China's trademark Office issued a trademark registration certificate for international registered trademarks in accordance with each type of goods issued separately, so the owner of the international registration of trademarks when applying for customs protection for the record. A separate application shall be submitted for each class of goods listed in the international registration certificate of the mark.
2.3 Filing system account and password forgetting solutions
If you forget the account name and password for the record of intellectual property protection, you can apply to the Intellectual Property Protection Office of the Department of Political and Legal Affairs of the General Administration of Customs to inquire the above information. Intellectual Property Protection Department, Department of Political and Legal Affairs, General Administration of Customs Fax: 010-65195358; E-mail: ipr@customs.gov.cn.
The applicant or agent for the record of customs protection of intellectual property rights shall send the following materials to the General Administration of Customs: 1. (2) The applicant's certification materials for the record of intellectual property customs protection, or the agent's identity certificate and power of attorney."
After the General Administration of Customs confirms its identity, it will send the registered account name and password to its registered email address. If the email address of the contact person is not recorded or changed, the applicant or agent shall apply to the General Administration of Customs in writing for adding or changing the email address of the contact person. The written application should be signed by the applicant or agent for the record and sent to the General Administration of Customs.
2.4 How do I know the progress of filing
After submitting the filing application to the General Administration of Customs, the owner of intellectual property rights can understand the progress of filing acceptance through the personal management page of the filing system, and submit relevant materials (by mail or fax) according to the review opinions of the General Administration of Customs, without telephone consultation.
2.5 How to obtain the record approval certificate
At present, after the record approval, the General Administration of Customs will mail a "Notice of approval for the record of intellectual property rights" to the right holder, stamped with a special seal for the record of intellectual property rights. According to the work plan, the improved customs filing system for intellectual property rights is to be improved by issuing approval notices via Internet mail.
2.6 How to go through the corresponding customs formalities after the transfer of rights occurs after filing
Where the rights are transferred after the approval of the filing application to the General Administration of Customs, the new right holder shall apply to the General Administration of Customs in a timely manner to apply for the cancellation of the original approval for the filing; If you need to re-file, please submit a written application to the General Administration of Customs.
2.7 paid-upReasons why the filing fee was returned
Some rights holders submit filing fees through online banking, and the remittance is returned by the bank. In this regard, the General Administration to the bank to understand. Bank reply: When transferring money through online banking, in addition to filling in the usual bank account, you also need to add the branch account in the front. For example: the General Administration of Customs intellectual property filing fee bank account is 09014407044, the network account is 02000007.
If you fill in the following complete account information regardless of whether you remit money through online banking in the future, there will be no problem of remittance being returned by the bank.
Account Name: General Administration of Customs, People's Republic of China
Account number: 0200000709014407044
Import address:
Beijing ICBC Beijing Wangfujing Jinjie branch
2.8 How do I apply for a refund of the filing fee
An intellectual property right holder who applies to the General Administration of Customs for filing and has paid the filing fee may apply in writing for a refund of the filing fee before it is approved or the filing application is rejected by the General Administration of Customs.
Intellectual property rights holders apply for the refund of filing fees: 1, return the customs administrative receipt unified invoice (second copy); 2. Application for refund of deposit (bank, account name and account number are required), Address: 908 Intellectual Property Office, No. 6 Jianguomennei Street, Beijing, Zip code: 100730; 3. Only return the record fee of the current year (the record fee of the cross-year has been turned over to the Treasury and cannot be returned); 4. Submit a statement that you will no longer apply for a new filing (if you apply for a new filing recently, the filing fee can be transferred and paid); 5, General Administration financial equipment Department contact: Mr. Lin, contact number: 010-65195831.
2.9 Record the role of the contact person
Filing contact person refers to the person in charge of handling the customs protection of intellectual property rights designated by the intellectual property right holder in the application for the customs protection of intellectual property rights. The filing contact person shall not only be responsible for contacting the General Administration of Customs for the filing of intellectual property rights, but also for contacting and cooperating with the port customs on the detention of suspected infringing goods after the filing. Due to the limited time for the port customs to judge the suspected infringing goods, whether it can get the assistance of the record contact person in time is crucial for customs law enforcement.
At present, the General Administration of Customs has no qualification restrictions on the filing agent, and the filing contact person can be the intellectual property right holder himself or the personnel of the unit, or the agent entrusted by him or the personnel of the unit where the agent works. Nevertheless, from the perspective of facilitating cooperation with the Customs and effectively fulfilling legal responsibilities, the filing contact person should meet the following conditions:
(1) It must be within China. The filing agent shall be a domestic organization or natural person. The "territory" here refers to the mainland area of China;
(2) At the same time bear the responsibility of handling the record and communicating with the customs at the port. One of the functions of the customs protection record of intellectual property is to establish the contact between the intellectual property right holder and the customs. If the record agent is not responsible for the contact and cooperation after the record, the customs will not be able to notify the right holder in time after discovering the suspected infringing goods.
(3) Do not have too many contacts. At present, the General Administration of Customs stipulates that there can only be 1-2 contacts in each filing application. If there are too many contacts, it may cause confusion in the information transmission channels between the customs and the right holder;
(4) Assistance and cooperation shall be provided to the Customs at any time. At present, many customs have implemented a 24-hour customs clearance system, but some infringers have been found to import and export infringing goods, usually on weekends or outside normal working hours. In order to identify in a timely manner in order to decide whether to suspend the release of goods, the Customs needs to get the cooperation of the record contact person at any time. Therefore, the record contact person should be prepared to give customs cooperation at any time.
2.10 Whether the intellectual property filing application can be signed by the agent
In principle, the application for the record of intellectual property rights shall be confirmed by the signature of the intellectual property rights holder, but the intellectual property rights agent authorized by the intellectual property rights holder may sign and seal the paper application on behalf of the applicant.
2.11 How to add and delete license information in the approved filing
Additional steps: login to the "Intellectual Property Customs protection filing application System" - enter the "User login", enter the account and password - click on the left "query my record" - enter the record information to be changed or directly click on the bottom of the screen "query" - select the record to be modified, click "Add license agreement information";
Delete steps: Login to the "Intellectual property Customs protection filing application System" - enter the "User login", enter the account and password - click on the left "query my record" - enter the record information to be changed or directly click on the bottom of the screen "query" - select the record to be modified, click "view details" - click "Apply to change this record", To delete - click "Submit" and print the application form and send it to the Intellectual Property Division of the Department of Political and Legal Affairs of the General Administration of Customs.
2.12 How can I change contacts and agents
Step to change the contact: log in to the "Intellectual Property Customs Protection filing application System" -- enter the "User login", enter the account and password -- click on the left "Modify registration information";
The changing agent shall submit the following materials to the Intellectual Property Department of the Department of Political and Legal Affairs of the General Administration of Customs: An application for changing agent issued in the name of the right holder, indicating the reason for the change and the agent before and after the change; A copy of the identity certificate of the right holder; The original of the new power of attorney issued by the right holder; Copy of the new agent's ID.
2.13 Specifications for filing materials
In order to facilitate management and archiving, the intellectual property rights holder applies for paper materials for the record of intellectual property rights
A4 paper must be usedIncluding application form, power of attorney, copy of identity certificate, copy of right certificate, copy of bank remittance certificate, etc.
2.14 How to submit intellectual property filing materials
At present, the General Administration of Customs only accepts the submission of intellectual property records by mail and express, and does not accept face-to-face delivery, for two reasons: 1, the General Administration of Customs accepts intellectual property records fewer personnel, large workload, in order to speed up the filing review process, it is not easy to accept face-to-face submission; 2, in order to clearly define the acceptance of the record time, the General Administration of Customs to receive mail, express delivery date as the relevant basis for customs acceptance of the record date.
2.15 The role of power of attorney
The power of attorney is used for the intellectual property right holder to entrust its agent in the territory: (1) to handle the record of customs protection of intellectual property with the General Administration of Customs; (2) Apply to the Customs of the port for taking protective measures.
