2023-05-05 Rule of Law Daily, Page 05
Core reading
The General Administration of Customs recently announced that in 2022, customs nationwide will take a total of intellectual property protection measures6.460,000 times, actually detained the import and export of suspected infringing goods 6.09万批、7793.85万件。In particular, the enforcement of new business forms such as cross-border e-commerce has achieved remarkable results。
Our reporter CAI Yanhong
2022年，The customs authorities across the country further promoted the strategy of innovation-driven development，Accurately grasp the new tasks and new requirements of intellectual property protection under the new situation，Systematic planning, initiative, crack the problem，Adhere to the fight against infringement and service innovation，New achievements have been made in carrying out special actions, optimizing service measures, strengthening internal and external coordination, and deepening international cooperation，It provides a strong guarantee for promoting the stability and quality of foreign trade and building a new development pattern。
The General Administration of Customs recently announced that in 2022, customs nationwide will take a total of intellectual property protection measures6.460,000 times, actually detained the import and export of suspected infringing goods 6.09万批、7793.85万件。Especially in the field of cross-border e-commerce and other new forms of business, law enforcement has achieved remarkable results, and suspected infringing goods have been detained in cross-border e-commerce channels.1万批、402.30,000 cases, the number of detained batches and the number of law enforcement in non-freight channels accounted for 23 percent respectively in 2021.53%和22.70% increased to 35.73%和50.39%。During the year, 23,412 applications for customs protection of intellectual property rights were accepted for filing, and 21,356 applications for filing were approved, of which 15,091 were filed by domestic right holders。
Launch a special campaign to crack down on copyright infringement
In 2022, the national customs will focus on key areas and channels with strong public reaction, public opinion concern, and frequent infringement and counterfeiting, continue to take special actions for intellectual property protection as the starting point, pay close attention to the cross-border trade situation of infringing goods, and take multiple measures to promote special actions to achieve remarkable results。
We will intensify efforts to crack down on infringement in key areas and key links。The organization carried out the "Dragon Teng Action 2022" to comprehensively strengthen intellectual property protection, cope with the new situation of import and export infringement and law, further promote the practical application of big data, and promote the overall improvement of seizure accuracy。To curb the trend of infringement of market procurement trade methods, Xiamen Customs implemented special management, and detained more than 560,000 infringing goods exported by market procurement trade methods。Cracking down on "close-fitting" and "entrance" goods related to life, health and safety, Shanghai, Tianjin, Guangzhou, Shenzhen and other customs seized more than 160,000 pieces of infringing spark plugs, filters, bearings and other auto parts。
Crack down on infringement in high-risk import and export channels, launch the "Blue Net Action 2022" for intellectual property protection in delivery channels, organize law enforcement forces to focus on cracking down on "breaking the whole into pieces" and "ant moving" type import and export infringements, and detain infringing goods in postal and express channes3.73万批、384.99万件。To organize seminars on improving the effectiveness of combating infringement in delivery channels，Pay timely attention to the phenomenon of "channel drift" of infringing goods，Ipr protection for cross-border e-commerce and other emerging businesses will be strengthened，The number of batches of suspected infringing goods detained by Gongbei Customs in cross-border e-commerce channels increased by more than 3 times year-on-year;Taiyuan Customs continuously seized 239 batches of goods suspected of outbound infringement in the mail channel。
Launch the "Clean Net Action 2022" to Protect the Intellectual Property Rights of Export Transshipment Goods，The operation will be extended to all customs offices in Guangdong Province and other relevant key ports，Forming a regional linkage protection network，Focus on cracking down on the illegal activities of shipping, Posting and delivery of infringing goods to Hong Kong or transshipment through Hong Kong to North America, Europe, South America, Southeast Asia, countries and regions along the "Belt and Road"。During the operation, Shenzhen Customs detained the suspected infringement capacitor 156 in the express channel.60,000, and Gongbei Customs detained more than 900,000 goods suspected of infringement involving Hong Kong and Macao。
The national customs also combines the time node of major events，We will strengthen intellectual property protection related to the Beijing 2022 Winter Olympics and Paralympics and the Qatar 2022 World Cup，Detained 459 batches or more than 100,000 pieces of goods suspected of infringing Olympic-related intellectual property rights;Detained 81 batches of goods suspected of infringing intellectual property rights related to the World Cup.54万件。We will pay more attention to indoor entertainment and consumer electronics，Nanning Customs detained 318 humidifiers suspected of infringement in cross-border e-commerce channels;Kunming Customs detained 36 TV sets suspected of infringement in the supervision process of border exchange;Chengdu, Jinan, Changsha and other customs carried out special operations and seized more than 2.03 million infringing game cards。
Improve the long-term mechanism of service enterprises
The national customs has coordinated the implementation of various measures to promote foreign trade stability and quality improvement, help enterprises rescue and reduce costs, improved the long-term mechanism for serving enterprises, effectively handled practical problems for enterprises, solved problems, improved the ability of enterprises to protect their rights and innovate, and helped enterprises develop in high quality。
Gather the actual needs of enterprises, encourage and guide rights holders at home and abroad to apply for the record of intellectual property customs protection, and strive to improve the ability of enterprises to protect intellectual property rights。Changsha Customs supports industries with local characteristics and advantages to become bigger and stronger，To help local collective trademarks successfully record in the customs;Zhengzhou Customs guided wormwood enterprises to strengthen customs protection of intellectual property rights，Build an independent brand，Help wormwood enterprises "go out";Chengdu Customs guide museum cultural and creative products to do a good job of rights protection layout，Assist relevant intellectual property rights in customs filing，To promote cultural influence。
The reporter learned that local customs improved the contact mechanism between customs and enterprises, unimpeded channels for rights protection, investigated and understood 871 demands of enterprises, and actually solved 791, with an overall resolution rate of 90.8%。Gongbei Customs carried out intellectual property risk analysis and guidance on overseas orders of 11 enterprises;Xiamen Customs service "time-honored" export intellectual property advantage enterprise brand upgrading;Ningbo Customs joint cross-border e-commerce platform to carry out law spreading and doubt solving activities, continue to serve the innovation and development of enterprises。
Customs nationwide made the protection of intellectual property rights of high-tech enterprises and small and medium-sized enterprises a key task of special operations, and investigated and handled 85 cases of intellectual property infringement involving high-tech enterprises and 126 cases of intellectual property infringement involving small and medium-sized enterprises。Shenzhen Customs signed a memorandum of cooperation on "Cloud confirmation" with 13 right holder enterprises，To realize online fast right confirmation;Jinan Customs establishes "Express line" for enterprise rights protection，Quick response to infringement risks;Qingdao Customs and Tianjin, Jinan, Xi 'an, Ningbo and other customs jointly take intellectual property protection measures，More than 140 tons of chemical products suspected of patent infringement have been detained in total;Tianjin Customs cooperated with Guangzhou Customs in law enforcement，Joint seizure of infringing football more than 1.8万件。
In addition, the customs pays close attention to the latest trends in international intellectual property protection, encourages enterprises to actively respond to infringement disputes, and escorts enterprises to expand the international market。Beijing Customs introduces Beijing overseas intellectual property public service information base，Recommend enterprises with advantages in export intellectual property to join Beijing Overseas Intellectual Property Protection Alliance;Nanjing Customs sorted out the infringement cases of enterprises in the province accused overseas，On the basis of research, we should strengthen the intellectual property risk warning of enterprises.Chengdu Customs and Sichuan Intellectual Property Service Promotion Center, Department of Commerce, Council for the Promotion of International Trade and other departments signed the "Overseas Intellectual Property Cooperation Agreement"，Strengthen overseas intellectual property rights protection assistance;The customs of Shanghai, Zhanjiang, Nanchang, Jinan and Shenyang have provided targeted service measures for enterprises in the customs area with a focus on overseas IP protection strategy and overseas IP distribution。
Jointly build a multi-dimensional prevention and control system
The national customs adhere to the concept of system, improve the overall promotion mechanism of intellectual property work, strengthen departmental coordination, upper and lower linkage, regional cooperation, and social co-governance, and jointly build a three-dimensional prevention and control system to combat infringement and counterfeiting。
In 2022, China's customs carried out more than 300 inter-customs cooperation at all levels, and the overall efficiency of inter-customs cooperation continued to improve, and the breadth and depth continued to expand。The Nanjing, Ningbo and Shanghai Customs carried out inter-customs cooperation on lead notification, infringement early warning and joint law enforcement of key commodities, and seized 4,931 sets of generator sets violating trademark rights。Chongqing and Chengdu Customs strengthened the linkage of intellectual property protection in the Shuangcheng economic circle of the Chengdu-Chongqing region, and jointly seized 117 cases of exported infringing handbags。Wuhan, Nanchang and Changsha Customs have incorporated IPR protection cooperation into the framework agreement of the Hubei, Jiangxi and Hunan Customs cooperative working mechanism, and actively created an integrated protection pattern of "three customs as one customs"。
The Customs has continued to deepen cooperation with local administrative and judicial organs such as market supervision, copyright and tobacco monopoly departments and courts to improve the effectiveness of comprehensive control of infringement and counterfeiting。The Guangdong Branch Office and the Guangdong Provincial High Court and other 11 departments jointly issued memorandums to strengthen the traceability and joint crackdown on infringing and counterfeit goods。Ningbo Customs and local judicial departments signed the "One Thing" Reform Action Plan for the implementation of port-related Matters "to continuously improve the efficiency of cooperation in intellectual property protection。Guangzhou Customs and Guangzhou Copyright Office and other departments jointly signed a memorandum of understanding to establish and improve the full chain of copyright protection cooperation mechanism。Qingdao, Jinan, Taiyuan and other customs and local intellectual property departments respectively signed law enforcement cooperation opinions, cooperation memoranda and other forms, solidified the cooperation mechanism。
Customs across the country give full play to the role of right-holder enterprises, trade associations and rights defense coalitions, and jointly carry out cooperation in law enforcement training, intelligence sharing and facilitating rights protection。Jiangmen Customs combined with the industrial characteristics of "China's motorcycle export base" and implemented "one enterprise and one policy" to help enterprises in the customs area maintain growth in motorcycle exports for four consecutive years。Huangpu Customs launched a special operation of "Customs assistance", guided small and medium-sized enterprises to carry out patent rights protection, and seized mining equipment suspected of infringing its patent rights。The customs offices of Hohhot, Manzhouli, Dalian, Shenyang, Changchun and Harbin jointly organized online training on customs protection with right holders through live network broadcasting, training more than 1,000 customs officers in front-line supervision and inspection。
Customs across the country also deepened cooperation with public security organs, further rationalized information sharing, reporting of clues, transfer of infringing goods, case investigation and other work, promoted cases to dig deeper and expand the line, strengthened the effective connection of intellectual property administrative protection and judicial protection, and formed a work situation of "hitting the source, breaking the network, and breaking the chain"。Tianjin, Fuzhou and Xiamen signed relevant cooperation agreements with public security organs to further improve the working mechanism of "connecting the two laws"。Dalian Customs handed over clues to the public security organs for infringing cigarette packaging boxes, and after the public security organs filed a case for investigation, more than 10 million infringing cigarette packaging boxes were found。Tianjin, Hangzhou, Xiamen and Qingdao Customs focused on the health and safety of people's livelihood, jointly with public security organs to detect major infringement cases such as pull rod boxes, titanium dioxide, brand bags and early education cards, and destroyed several related counterfeit production and sales dens。
China's customs authorities have actively participated in various forms of bilateral and multilateral international IPR law enforcement cooperation, participated in the reform and construction of the global IPR governance system, and promoted the in-depth implementation of high-quality IPR customs protection under the Belt and Road Initiative。China actively participates in international intellectual property affairs of the Shanghai Cooperation Organization, APEC and other relevant international organizations, and continues to participate in the World Customs Organization's "Stop" joint enforcement action against the import and export of illegal, counterfeit and substandard medicines and medical supplies。Experts are recommended to give lectures to customs officials from developing countries, African countries and countries along the Belt and Road, introduce the concept and system of IP protection of Chinese customs, and contribute Chinese wisdom to global IP protection。