Case 1: Xiamen Customs seized export of infringing luxury brand bags Xiamen Customs seized export infringing luxury brand bags
In September 2022, Gaoqi Customs, a branch of Xiamen Customs, inspected a batch of goods declared for export by a supply chain company in Quanzhou and found a total of 2259 pairs of casual shoes marked with nearly 10 internationally renowned sports brands such as UMBRO。In addition, the goods contained a batch of brand bags that were not truthfully declared, and the inspection found that there were 1,196 bags and their outer packaging and accompanying labels marked with a number of internationally renowned luxury brand logos。The above brand bags are well-packaged and well-made, some of which are accompanied by overseas shopping invoices, credit card bills, overseas customs release documents and other complete sets of overseas purchase and customs clearance vouchers, and the price of each bag is equivalent to more than 8,000 yuan。After the identification of the right holder, the above shoes and bags are infringing products, and the customs has detained them according to law, and notified the public security organs to jointly carry out research and judgment。According to the clues, the public security organs dug deep and expanded the line, arrested 18 suspects, destroyed 3 fake hiding dens, and seized more than 9,000 bags and sports shoes intended to leave the country on the spot, with a case value of 3.5.7 billion yuan。After preliminary investigation, the suspect intends to hide the above bags abroad and then sell them back to China by overseas "purchasing" personnel in cross-border sales, passing them off as genuine and earning high profits。
This case is a typical case of customs paying attention to new methods of infringement and effectively protecting the legitimate rights and interests of domestic consumers。In recent years, with the economic development, the public's demand for luxury goods continues to rise, and new shopping modes such as "overseas purchasing" and "overseas shopping" are on the rise。In this case, the criminal suspects seized the "business opportunity", the infringing goods were first out and then in, forming a complete chain of "hiding outbound - purchasing mail - selling back to the country", and deceived domestic consumers by falsifying a full set of "purchasing" bills and real logistics information。The investigation of the case effectively protected the legitimate rights and interests of rights holders and domestic consumers, guided and reminded the public to consume rationally and buy overseas goods through formal channels。
Case 1: Guangzhou Customs seized the export of infringing toothpaste
In April 2022, a Lianyungang Import and Export Co., Ltd. declared to the customs the export of a batch of goods to Singapore, an RCEP member state, in a general trade manner。On the basis of the infringement trend information provided by Huangpu Customs, the Risk Prevention and Control Bureau of the General Administration of Customs (Whampoa) implemented the control of this batch of goods. According to the control, law enforcement officers of Guangzhou Customs found that 136512 toothpaste with "COLGATE" logo was hidden in the container, with a value of 136.RMB 50,000。The right holder believes that the above hidden goods are suspected of infringing its trademark rights registered in the General Administration of Customs, Guangzhou Customs detained the above suspected infringing goods according to law, and made an administrative penalty decision of confiscating the infringing goods and imposing a fine after investigation。
This case is a typical case of customs to promote the implementation of the Regional Comprehensive Economic Partnership Agreement (RCEP) and effectively combat infringement。During the "Dragon Teng Operation 2022", the Customs will strengthen the supervision and risk prevention of infringing goods exported to RCEP member countries, increase the publicity of the RCEP customs protection policy on intellectual property, and promote the effective implementation of the RCEP agreement。In this case, the customs strengthened the joint prevention and control of infringement risks, improved the "response, echo and reaction" mechanism, gave full play to the overall joint force of the customs supervision chain, and improved the effectiveness of cross-border infringement management。
Case 1: Shenzhen Customs seized the import of clothing infringing trademark rights
2022年8月，A company in Guangxi entrusts a company in Hunan to declare a batch of imported goods to the customs in general trade，Shenzhen Baoan Airport Customs of Shenzhen Customs uses big data analysis to carry out special control and inspection，Among the imported goods, 3,539 items including down jackets with logos such as "MLB" were seized，Value of goods 45.RMB 560,000。The relevant rights holder believes that the above goods are suspected of violating the trademark rights registered in the General Administration of Customs, and in September 2022, the Customs detained the relevant suspected infringing goods in accordance with the law, and made an administrative penalty decision to confiscate the infringing goods and impose a fine after investigation。
This case is a typical case of customs performing the duty of gatekeeper and cracking down on infringement and illegal acts in import links。With the transformation and upgrading of domestic industries and the continuous improvement of people's living standards, domestic consumers' demand for well-known brands of consumer goods is growing, and some infringing counterfeit goods are waiting to flood into the country。In this case, the customs gave full play to the advantages of physical supervision, according to the origin of imported goods and other relevant characteristics, keenly identify infringement risks, and accurately investigate and issue infringing goods。This case demonstrates the duty of the Customs to effectively crack down on import infringement and illegal acts, prevent infringing counterfeit goods from flowing into the domestic market, and protect the rights and interests of rights holders and consumers。
Case 1: Huangpu Customs protection small and medium-sized enterprises mineral processing equipment invention patent case
2022年7月，Guangzhou beneficiation equipment Co., Ltd. submitted an application to Huangpu Customs，The mining equipment (spiral chute) that a Guangzhou company is about to export to Malaysia at Guangzhou Huangpu Old Port is suspected of infringing its invention patent，Apply for customs to detain the goods，And submitted to the customs invention patent certificate, infringement points comparison and other evidence materials。Huangpu Customs immediately reviewed the evidence materials provided by the enterprise and adopted precise control measures。On July 14, when Huangpu Customs inspected the goods, it was found that 15 sets of two-slot spiral chute equipment and 41 sets of three-slot spiral chute equipment of mining equipment were suspected of infringing the invention patent of the right holder。On July 20, Huangpu Customs detained the above allegedly infringing goods in accordance with the law。The right holder filed an infringement lawsuit with the court after the customs detained the relevant suspected infringing goods, and the customs actively cooperated with the court to obtain evidence of the suspected infringing goods, so as to ensure the right holder's smooth rights protection。
This case is a typical case of customs protecting the core patents of small and medium-sized enterprises and helping the private economy to flourish。Small and medium-sized enterprises are the new force of national economic and social development，The right holder of this case has obtained invention patents from 6 countries, including China，Annual sales of more than 10 million yuan，The counterfeit products on the market occupy the market share of the right holder，Seriously affect the survival and development of enterprises，The Customs actively supports smes to innovate and defend their rights，To provide "one-to-one" guidance services for rights holders。This case is a vivid practice of customs making full use of the function of intellectual property protection, safeguarding the legitimate rights and interests of innovative smes, and focusing on helping enterprises to rescue and solve difficulties。
Case 1: Jiangmen Customs seized the export of infringing motorcycle engines and accessories
In June 2022, Jiangmen Customs received a reflection from a Guangdong motorcycle Technology Co., Ltd. that its own brand motorcycles were heavily infringed in overseas markets, and Jiangmen Customs immediately carried out rights protection assistance to the enterprise。8月，Jiangmen Customs according to the clues provided by the right holder，Implement control of 15 container motorcycle parts declared for export by Jiangmen Technology Co., LTD，The inspection found 6000 150CC engine units marked with wing graphic identification, 5 tons of motorcycle engine parts, and 105 other motorcycle components.99 tons, worth RMB 942.350,000 yuan, suspected of violating the "Haojiang" trademark rights filed by the right holder in the General Administration of Customs。The right holder believes that the goods are suspected of violating the trademark rights registered with the General Administration of Customs and applies for protection, and the Customs detains the above suspected infringing goods according to law。
In the process of handling the case, Jiangmen Customs found another 24 containers in the supervision area with related goods matching the above detained engines and accessories, but they have not been declared。The customs promptly informed the market Supervision Administration of the relevant clues。When the right holder files an application for property preservation with the people's Court for 24 containers of related goods, the Customs shall assist the court in executing the application according to law。
This case is a typical case of the customs to promote cross-departmental law enforcement cooperation and build a large pattern of intellectual property protection。Intellectual property protection is a systematic project. The customs, as an entry and exit supervision and management organ, is an important link of the national intellectual property protection system, which forms an organic whole of intellectual property protection together with the intellectual property protection of domestic production, sales, circulation and other links。In this case, the customs took the initiative to inform the market supervision and administration department, actively assisted the judicial authorities, promoted the protection of intellectual property rights in the whole chain, and made useful exploration for improving the coordinated protection mechanism of smooth connection, fast and efficient。
Case 1: Shanghai, Shantou, Dalian and Nanning Customs Protection of foreign enterprises Intellectual property rights series cases
2022年1月，Shanghai Customs subordinate Yangshan Customs in a trading company in Ningbo declared a batch of brake pumps, camshafts and other goods for inspection，It was found that a large number of undeclared spark plugs, cylinder pads, piston rings and other goods marked with 15 automobile brands such as "TOYOTA" and "FORD" were hidden inside the container.More than 50,000 pieces, worth more than 610,000 yuan。Confirmed by the right holder, the above auto parts are infringing products。
In January 2022, the Guangzhou and Macao Customs under the Shantou Customs inspected a batch of toys declared for export by a Zhuji Import and export Co., LTD., and found that there were 30,000 balloons, each of which was marked with a variety of famous animated movie cartoon characters such as Frozen, Peppa Pig, and Minions。As confirmed by the copyright owner of the above works, the above balloons are infringing products。
In July 2022, Dalian Customs found that the number of pen products exported from the customs area increased sharply, and there was a greater risk of infringement, so special law enforcement actions were carried out。In August, the customs inspection of the Beiliang Port, which belongs to the customs, found that the outer packing box of the ballpoint pens declared for export took a neutral packaging method, but the ballpoint pens themselves were marked with the "PILOT" logo, and a total of 240,000 pieces were checked。At the same time, the customs of Dayao Bay, which belongs to the pass, seized 3,050 ballpoint pens marked with the logo of "Mitsubishi graphics"。The right holder confirms that the above ballpoint pens are infringing products。
2022年7月，Longbang Customs under Nanning Customs inspected the groceries exported by a company in Jingxi City，A total of 4,765 watches marked with "TISSOT", "TAGHEUER", "OMEGA", "SEIKO" and "LONGINES" were found，Worth RMB 100.60,000 yuan, confirmed by the right holder, the above watches are infringing products。
This series of cases is a typical case of customs protecting the rights and interests of foreign-invested enterprises in accordance with the law, creating a first-class business environment, and promoting a higher level of opening up。The protection of intellectual property rights bears on the overall situation of China's opening up. Strict protection of intellectual property rights is conducive to the continuous optimization of the business environment and the building of an open economic system at a higher level。In this series of cases, the customs has always adhered to the concept of "same protection" and equally protected the legitimate rights and interests of Chinese and foreign enterprises。
Case 1:7 Hangzhou, Lanzhou, Tianjin and Kunming Customs strengthened the execution and investigation of export infringing goods series cases
In January 2022, when Hangzhou Customs inspected a batch of goods exported by rail transport, it was found that the goods were actually titanium dioxide pigments, a total of 11875 kg, worth RMB31.45万元。The right holder believes that the above goods are suspected of infringing its "TI-PURE" trademark rights registered in the General Administration of Customs。Hangzhou Customs quickly launched the "connection between the two laws" mechanism and transferred the case to the public security organs for criminal investigation。At present, the public security organs have taken criminal coercive measures against two suspects。
In May 2022, Lanzhou Customs found 7,134 pairs of infringing sports shoes during inspection of a batch of outbound goods at Wuwei Bonded Logistics Center (Type B) in Gansu Province, involving 7 trademark rights such as "DSQUARED2", worth RMB30.36万元。After the right holder confirmed that the above sports shoes are infringing products, the customs detained in accordance with the law, and handed over to the public security organs for investigation。
In June 2022, Tianjin Customs seized 933 infringing rod boxes in the freight channel, worth 111 yuan.650,000 yuan, suspected of infringing the trademark rights of "BMW" AND "Graphics (Minions)" and the copyright of "CARS-STYLE GUIDE PACKAGING AND RETAIL SIGNAGE"。As confirmed by the right holder, the above suitcases are infringing products。Tianjin Customs launched the "connection between the two laws" mechanism in accordance with the law, and cooperated with the public security organs in the production and sales of the arrest of three criminal suspects。
In July 2022, Kunming Customs found in the border people's exchange channel at Nansan Port that the liquor package declared for export by Yu was printed with the graphic logo of "Sky Blue" and "Sea Blue", totaling 34 boxes and 168 bottles, worth 120,000 yuan。The right holder believes that the above goods are suspected of violating the trademark rights of "Sky Blue and graphics" and "Sea Blue and Graphics" filed with the General Administration of Customs。Kunming Customs strengthened the "connection between the two laws" and cooperated with public security organs to follow-up the seizure of more than 900 boxes of counterfeit wine that violated trademark rights。
This series of cases is a typical case of the customs based on the administrative law enforcement of intellectual property protection, striking out at the key areas and regions where the masses are strongly reflected, public opinion is concerned, and infringement and counterfeiting are frequent, and forcefully promoting the connection between administrative law enforcement and criminal justice。The series of cases，The customs actively carried out the practice of "connecting the two laws" in different channels such as freight transportation, bonded goods and border exchanges，"Golden period" for the detection of robbery cases，Give full play to the advantages of customs protection of intellectual property rights in the timely interception of import and export links，Cooperate with public security organs to "break the source, break the network, break the chain"，We will vigorously crack down on illegal and criminal activities that infringe intellectual property rights。
Case 1: Fuzhou, Qingdao and Gongbei Customs investigated a series of infringement cases of cross-border e-commerce channels
2022年3月，The Rongcheng Customs of Fuzhou Customs inspected the packages that a company in Fujian declared for export in the form of cross-border e-commerce trade，Found a batch of poorly made, poorly packaged clothing，Retrieved data，Found that the company declared the export of multiple parcels at the same time，Extended inspection，A total of 1660 pieces of clothing and footwear belonging to 35 well-known brands were found to have been infringed，Confirmed by the right holder are infringing products。 2022年7月，Jiaodong Airport Customs of Qingdao Customs found in the inspection of a number of goods declared for export in the way of cross-border e-commerce trade，There are many doubts in the declaration list, such as the ambiguous name of the declared item, the highly concentrated name of the item, and the highly similar number of the sub-waybill，Box by box open check，A total of 12,943 infringing goods such as charging plugs, mobile phone backplanes and satchels were found to be suspected of infringing the trademark rights of more than 20 brands such as "SAMSUNG" and "APPLE"，Value RMB 26.70,000 yuan, confirmed by the right holder as infringing products。
2022年11月，The Hengqin Customs of Gongbei Customs was inspecting 582 parcels declared for export by a company in the form of cross-border e-commerce trade，A total of 915 jerseys and footballs embroidered with FIFA and Qatar 2022 World Cup logos were found，Confirmed by contacting the right holder，Infringement of intellectual property rights related to FIFA and the QATAR 2022 World Cup, "Qatar 2022", "FIFA" and "World Cup graphics"。
This series of cases is a typical case of the customs to adhere to the "fight and promote integration" and promote the healthy development of new business forms。In recent years, the rapid development of cross-border e-commerce has greatly broadened the path for enterprises to enter the international market, and gradually become a new growth engine for China's foreign trade。In this series of cases, the customs has made full use of the advantages of big data monitoring and analysis, improved the law enforcement level of intellectual property protection, and maintained the import and export trade order of cross-border e-commerce channels in view of the characteristics of cross-border e-commerce barter circulation, complex commodity varieties, and massive information corresponding to the list。At the same time, the customs strengthened the publicity of cross-border e-commerce compliance operations, enhanced the awareness of law-abiding operations of enterprises, and guided enterprises to consciously abide by the laws and regulations on intellectual property customs protection。
Case 1 9 Nanjing, Beijing, Urumqi Customs investigation and distribution of mail channel infringement goods series cases
Suzhou Customs under Nanjing Customs is conducting routine inspection of outbound postal parcels，Several abnormal parcels sent overseas from Suzhou, Changzhou and other places have been found for many times，After a key inspection, it was found that the package was marked with "Olympic rings" logo jersey, "Disney" shoes, "Benz" logo and other items。Suzhou Customs relies on the "on-site inspection + risk control" mode，Extract elements of infringing information for risk control，In the end, 1,098 batches of key chains, clothing, shoes, hats, and auto parts were found in outbound mail packages that were suspected of violating the exclusive rights of Olympic symbols such as Bing Dwen Dwen and trademark rights such as Disney，More than 2,000 items are involved。
When the customs of the post office of the Beijing Customs inspected the postal express mail sent out of Beijing, Hebei, Shanxi and other places, it found that the sender information of many batches of mail was unknown, there was no specific address and contact information, and the package details were labeled as "foam pad" and "crawling pad"。After inspection, the above emails totaled 1,270 batches, containing nearly 3,000 cigarettes with "Marlboro" and other logos, which were confirmed by the right holder as infringing products。
The post office of Urumqi Customs urged postal enterprises to accurately and timely declare transmission information, and carried out risk analysis on related information such as contractors, senders, and sensitive goods. A total of 8,280 infringing items were detained, suspected of violating 12 trademark rights of more than 10 brand rights holders, and the value of infringing items was RMB 24.71万元。
This series of cases is a typical case of customs relying on science and technology to empower and combat "ant moving" type infringement and illegal acts。The Customs has carried out "Blue Net Action" to protect intellectual property rights in delivery channels for three consecutive years.，We will continue to strengthen customs protection of intellectual property rights through delivery channels，The series of cases，Customs creates intelligent risk control model，Target key postal routes related to the entry and exit of goods with high risk of infringement，Make full use of CT machine on the same screen to check the infringement risk，The application of innovative technology is embedded in the whole process of intellectual property law enforcement，Achieve rapid identification and precise strike，And continue to expand the results by focusing on similar mails，Organic integration of machine inspection and manual inspection，We will continuously improve the effectiveness of IPR enforcement。
Case 1 10 Ningbo, Chengdu, Changsha, Jinan Customs seized a series of infringement game cards
In February 2022, Meishan Customs under Ningbo Customs inspected a batch of goods declared for export by a company in Yiwu named "silicone toys" and "plastic wallets", and found that the game card 457 marked with the logo of "POKEMON" was included.60,000 copies, game card book 1.470,000 copies, 2460 sets of toy boxes。As confirmed by the right holder, the above game cards, card books and toy sets are infringing products。
In March 2022, the Chengdu Shuangliu Airport Customs of Chengdu Customs seized Card 148 in the export freight channel.830,000 copies, card books 1.80,000 copies, commemorative coin 1.620,000, plastic protective shell and supporting wrapping paper 7.20,000 units, with the "POKEMON" logo on the cargo。The right holder confirms that the goods are infringing products。
In May 2022, a company in Changsha declared the export of a batch of paper cards to the Xingsha Customs of Changsha Customs in the way of market purchase trade, intending to be shipped overseas through the China-Europe freight train through the Horgos Port。After inspection, it was found that the batch of goods were marked with the "POKEMON" logo, a total of 19.8万张。The right holder confirms that the game cards are infringing。
In January 2022, Jinan Airport Customs under Jinan Customs conducted on-site inspection of clothing, game cards and other goods declared for export by a company in Nanjing in a general trade manner, and found 320,000 game cards marked with the "POKEMON" logo of the actual goods。As confirmed by the right holder, the above goods are infringing products。In November 2022, Jinan Airport Customs seized infringing game cards exported by another company in Nanjing.5万张。
This series of cases is a typical case of customs paying attention to the new trend of infringement and effectively curbing the infringement of new consumer goods。With the development of the global "house economy", the proportion of infringement of import and export of indoor entertainment consumer goods seized by the customs has increased。The series of cases，Customs are keen to spot new trends in infringement，Focus on the high incidence of infringement of goods to carry out special treatment，Carry out real-time dynamic monitoring of infringement，On the one hand, we will strengthen the sharing of clues and information，Form a national customs "chess" pattern，On the other hand, strengthen the "connection between the two laws"，Cooperated with the public security organs to successfully destroy the counterfeiting dens，Several suspects were arrested，Effectively protect the legitimate rights and interests of rights holders and the health and safety of consumers, especially children。