Highlight: You could get to know the effective way of combating infringing product by trademark record in China custom in today’s post.
As reported by xinhuanet.com, the first instance of the knockoff brand product case with the biggest amount involved in recent was heard. The suspect of the case purchased the knockoff LV, Adidas, LACOSTE and other brand products for export, afterwards the knockoffs were detained for the suspicious infringement basing on the recorded trademark by the customhouse after the inspection, and finally the products were appraised fake with the market value of more than 230 million yuan.
The customhouse could be an effective sniper point against those knockoffs, and currently China has promulgated comprehensive laws and regulations in this aspect, among which the Intellectual Property Custom Protection Regulation (the Regulation) plays the fundamental role in the cooperation between trademark owner and the customhouse in combating IPR infringement. And foreign investors could get access to such cooperation through qualified agencies in China, today Bridge IP Law Commentary will introduce you the how to apply for the trademark record in China customhouse.
I. The procedure in customhouse and the approval period.
For the procedure, it first demands the written application to the General Administration of the Custom of PRC, with the detailed information of the right owner, registered trademark, genuine product and the detected infringing product, etc. Moreover, the applicant shall also submit the documents and evidences demanded by the custom, including the identity document, right documents, the photos of the genuine products and its wrap, and the infringement evidence. By the Regulation, the custom shall make the decision on the record or refuse the application in 30 days, and issue a certificate when recording the trademark.
II. The effective period
The effective period of the record is regulated as 10 years from the approval day, while the legal protection period of the registered trademark is only 10 years from the registration day, for this reason the record period shall be the protection period.
III. The application on the detainment of the suspicious knockoffs
After the record in the custom, the trademark owner is entitled to apply for the detainment of the suspicious infringing products to the custom in the export place. For this application, the trademark owner shall present the required written application and the evidence of the infringement. By the Regulation, the applicant shall also provide the guaranty with the value of no more than that of the detained product and pay the fees related. One thing shall be noticeable that once there issued no notice from the court for the assistance on the detainment or the shiper or consignee of the detained product provided the guaranty with the same value of the detained product within 20 working days after the detainment, then the custom shall release the product.
IV. The disposal of the suspicious knockoffs
On detecting the suspected knockoffs, the custom in the exporting or importing place shall immediately notice the legal owner for the detainment application as well as the guaranty. And in such situation, the custom shall investigate the infringement within 30 days, and once the infringement could not be determined after the investigation, the custom shall notice the legal owner. After that, the custom shall release the detained product shall no notice on enforcement assistance were issued from the court within 20 working days.
At last, Bridge IP Law Commentary would like to remind you that the trademark shall first be registered before the record, as to the trademark registration you may refer to our past post. And the trademark agency company affiliated to our website could provide the service of trademark record and registration application in China.
Author: Mr. Huang Mengren
Attorney-at-law of DeBund Law Offices
Co-author: Mr. You Yunting
Founder & Editor-in-Chief of Bridge IP Law Commentary
Partner & Attorney-at-law of Shanghai DeBund Law Offices
Email: Bridge@chinaiplawyer.com, Tel: 8621-5213-4900,
You can also find us on Facebook, Twitter and Linkedin.
Bridge IP Law Commentary is a website focus on the introduction of commercial laws in China, especially the intellectual property laws. All the posts here are our original works. And all news or cases referred here are from public reports, and our comments or analysis are of due diligence, neutrality and impartiality, representing our own opinions only and are our original works. You may contact us shall you have any opinions or suggestions.