Brand protection is as important as creating a brand
In order to effectively improve the international competitiveness of China's enterprises and export commodities, the Ministry of Commerce and the General Administration of Customs have formulated the "Guidance Opinions on Supporting the Development of Famous Brands for Exports" to fully support domestic enterprises in striving for exporting famous brands. Under a good external environment, improving the company’s own intellectual property awareness and rights protection has become the key to creating an export brand.
Customs protection of intellectual property rights is an important part of the intellectual property system. It guards against the last door to prevent infringement products from impacting the international market share of domestic enterprises and damaging the reputation of domestic companies. Domestic enterprises creating export brand names should actively seek the protection of intellectual property rights.
Create export brand names and forget about customs filing. According to the "Regulations on the Customs Protection of Intellectual Property Rights," the right holders' handling of intellectual property rights filings with the General Administration of Customs is the precondition for the customs to prosecute infringing goods on their own initiative. At present, the filing rate of China's domestic enterprises with independent intellectual property rights is extremely low. For instance, the customs filing rate of independent intellectual property rights of domestic enterprises in Fuzhou Customs District is only about 1%. For unregistered intellectual property rights, according to regulations, even if the customs discovers that the import and export goods are suspected of infringement, it cannot take active protection measures. Of course, if the right holder of unregistered intellectual property rights discovers that there is an impending import or export of suspected infringing goods, he may also apply to the Customs for detainment. At the same time, he shall provide evidence sufficient to prove the existence of the infringement and provide the Customs with equivalent goods within the prescribed time limit. Guarantee of value. In practice, it is rarely used by rightholders due to difficulties in obtaining evidence. According to statistics, at present more than 90% of China's import and export link infringement cases are discovered and actively investigated and handled by the customs. The failure to record intellectual property seriously affects the self-protection of domestic enterprises. In fact, the procedures for the filing of intellectual property rights are simple and the fees are low. The filing fee for each intellectual property is only RMB 800. The filing period is valid for 10 years and it can be renewed for free. The expenditure of 800 yuan is negligible for an enterprise, but it can build a network of Tian Luo to prevent infringing goods from entering and leaving the customs territory.
Cherish brand reputation and increase investment in counterfeiting. Of course, after the IPR is not filed, the rights holder can be used once and for all. Customs protection of intellectual property rights always adheres to the principle of effectively protecting and facilitating licit trade. According to the regulations, after filing the notice of suspected customs infringement, the record holder of the intellectual property rights shall file an application for intellectual property protection and submit a corresponding guarantee within the statutory deadline. Otherwise, the customs will release the goods suspected of infringement according to law. In practice, a considerable number of domestic enterprises have concerns about submitting guarantees and believe that the submission of guarantee funds will occupy their own liquidity. Therefore, infringing goods with a relatively large value of the case often take the practice of giving up protection applications. In fact, according to relevant regulations, under the circumstances that the customs voluntarily investigate and punish infringing goods on their own terms, the maximum amount of guarantee received by the right holder at the customs of a single ticket is no more than RMB 100,000. Moreover, the purpose of the customs charge for the right holder’s guarantee is mainly to pay for the warehousing fees and the disposal of goods during the period of customs detainment, which is not large. In addition, the time limit for customs investigation of infringement cases is short, and the period for returning the right holder’s guarantee money is not long. Compared with the above-mentioned price of defending rights, letting infringing goods flow into the international market would damage the image of their products much more.
Establish an image of rights protection and destroy their own creditworthiness. In order to achieve the goal of creating a first-rate brand and occupying an international market, domestic enterprises should learn from the experience of rights protection of well-known foreign rights holders. First of all, they should take the initiative to handle the filing of intellectual property rights with customs. In addition, they should proactively contact the law enforcement agencies to provide their own counterfeits. Data, collaboratively conducted anti-counterfeiting training to strengthen front-line law enforcement personnel's ability to understand and identify their brands. More importantly, domestic enterprises should actively cooperate with the Customs to investigate and deal with infringement cases. They should not be short-sighted and make certain small profits and infringers privately settle. The recurrence of private circumstances will not only encourage the arrogance of infringers, but will also dampen the enthusiasm of front-line law enforcement personnel and waste the Customs' limited enforcement resources. At present, the integrity of the company is a very important indicator in the way the customs implement management for the company. Repeated damages by the rights holders themselves will bring adverse consequences to themselves. There must be sober understanding of this point.
Customs protection of intellectual property rights is an important part of the intellectual property system. It guards against the last door to prevent infringement products from impacting the international market share of domestic enterprises and damaging the reputation of domestic companies. Domestic enterprises creating export brand names should actively seek the protection of intellectual property rights.
Create export brand names and forget about customs filing. According to the "Regulations on the Customs Protection of Intellectual Property Rights," the right holders' handling of intellectual property rights filings with the General Administration of Customs is the precondition for the customs to prosecute infringing goods on their own initiative. At present, the filing rate of China's domestic enterprises with independent intellectual property rights is extremely low. For instance, the customs filing rate of independent intellectual property rights of domestic enterprises in Fuzhou Customs District is only about 1%. For unregistered intellectual property rights, according to regulations, even if the customs discovers that the import and export goods are suspected of infringement, it cannot take active protection measures. Of course, if the right holder of unregistered intellectual property rights discovers that there is an impending import or export of suspected infringing goods, he may also apply to the Customs for detainment. At the same time, he shall provide evidence sufficient to prove the existence of the infringement and provide the Customs with equivalent goods within the prescribed time limit. Guarantee of value. In practice, it is rarely used by rightholders due to difficulties in obtaining evidence. According to statistics, at present more than 90% of China's import and export link infringement cases are discovered and actively investigated and handled by the customs. The failure to record intellectual property seriously affects the self-protection of domestic enterprises. In fact, the procedures for the filing of intellectual property rights are simple and the fees are low. The filing fee for each intellectual property is only RMB 800. The filing period is valid for 10 years and it can be renewed for free. The expenditure of 800 yuan is negligible for an enterprise, but it can build a network of Tian Luo to prevent infringing goods from entering and leaving the customs territory.
Cherish brand reputation and increase investment in counterfeiting. Of course, after the IPR is not filed, the rights holder can be used once and for all. Customs protection of intellectual property rights always adheres to the principle of effectively protecting and facilitating licit trade. According to the regulations, after filing the notice of suspected customs infringement, the record holder of the intellectual property rights shall file an application for intellectual property protection and submit a corresponding guarantee within the statutory deadline. Otherwise, the customs will release the goods suspected of infringement according to law. In practice, a considerable number of domestic enterprises have concerns about submitting guarantees and believe that the submission of guarantee funds will occupy their own liquidity. Therefore, infringing goods with a relatively large value of the case often take the practice of giving up protection applications. In fact, according to relevant regulations, under the circumstances that the customs voluntarily investigate and punish infringing goods on their own terms, the maximum amount of guarantee received by the right holder at the customs of a single ticket is no more than RMB 100,000. Moreover, the purpose of the customs charge for the right holder’s guarantee is mainly to pay for the warehousing fees and the disposal of goods during the period of customs detainment, which is not large. In addition, the time limit for customs investigation of infringement cases is short, and the period for returning the right holder’s guarantee money is not long. Compared with the above-mentioned price of defending rights, letting infringing goods flow into the international market would damage the image of their products much more.
Establish an image of rights protection and destroy their own creditworthiness. In order to achieve the goal of creating a first-rate brand and occupying an international market, domestic enterprises should learn from the experience of rights protection of well-known foreign rights holders. First of all, they should take the initiative to handle the filing of intellectual property rights with customs. In addition, they should proactively contact the law enforcement agencies to provide their own counterfeits. Data, collaboratively conducted anti-counterfeiting training to strengthen front-line law enforcement personnel's ability to understand and identify their brands. More importantly, domestic enterprises should actively cooperate with the Customs to investigate and deal with infringement cases. They should not be short-sighted and make certain small profits and infringers privately settle. The recurrence of private circumstances will not only encourage the arrogance of infringers, but will also dampen the enthusiasm of front-line law enforcement personnel and waste the Customs' limited enforcement resources. At present, the integrity of the company is a very important indicator in the way the customs implement management for the company. Repeated damages by the rights holders themselves will bring adverse consequences to themselves. There must be sober understanding of this point.
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