Abstract: With the increase of the enterprises with private intellectual property rights, many cases of counterfeits occupying the overseas market of genuine products spring up recently. How to prevent the counterfeits crowding out? It depends on the enhancement of the self-protection awareness and the initiative of the enterprises.
Recently, words from a principal of a local private enterprise resonate at the scene of an activity named Customs Intellectual Property Protection Week in Suzhou Industrial Zone.
¡°Those counterfeits seem to be the same as the genuine products from their outer packages, but they usually cost half the price, which leads to the sharp decline of our overseas market share. A profound lesson from this is that we should take out the umbrella of intellectual property protection when going abroad. ¡± The principal calls on all the enterprises utilizing Customs registration service of intellectual property protection to safeguard the lawful rights and interests.
The experience of the enterprise is typical that their products open overseas market share gradually and the exports rise after several years¡¯ research and development. However, the staffs who work overseas find plenty of counterfeits constantly after a while. When they investigate the source of the counterfeits, it is found that some domestic factories not only produce fakes which are the same as the genuine ones of their company but also sell those fakes overseas.
The enterprise has no choice but to ask Customs for help. After the inspection of Customs, it is found that the trademark of the enterprise hasn¡¯t been registered at Customs. With the reminding and the help of Customs, the enterprise completes the registration of Customs protection of intellectual property. Soon Customs investigates other related infringing cases overseas according to the registration.
In fact, with the increase of the enterprises with private intellectual property rights, many cases of counterfeits occupying the overseas market of genuine products spring up recently. How to prevent the counterfeits crowding out? It depends on the enhancement of the self-protection awareness and the initiative of the enterprises. Jiang Yanqiu, the deputy section chief of Suzhou Industrial Zone Customs who is responsible for Customs protection of intellectual property, considers that the intellectual property right is the private right of the citizens in nature. Only if the right holders apply for the protection can the state organs have the right to get involved.
Currently, there are two ways for intellectual property right holders to apply for the protection of Customs:
One way is applying for the registration of Customs protection of intellectual property. The term of protection is 10 years. If Customs finds the products to be exported infringe the registered intellectual property right, they will contact right holders positively and then start the protection.
The other way is providing Customs with accurate clues including the export date, the ports, the number of vessels etc. of the suspected infringing goods. Customs also can start the protection by seizing related goods.
Taken together, choosing the first way to protect is not only convenient but also efficient. While the fact is that although the application procedure is not complicated, the enterprises are not positive at all. Qian Dingbang, the deputy director of Suzhou Industrial Zone Customs, disposes in one word that with the deepening of industry transformation and upgrading in China, there are many high-quality private brands arise. Those brands are registered positively in Trademark Bureau, but the protection in import and export links are neglected.
Thus, we appeal that all the domestic enterprises which are expanding their overseas markets, especially those ones with their own private brands, should register at Customs protection of intellectual property timely to receive positive protection of Customs.
Information Provided by Zhejiang News Net
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