Newsletter
CUSTOMS HANDLING OF SUSPECTED IPR INFRINGEMENTS
In the interests of consistent handling by the customs bureaus of suspected counterfeiting and IPR infringement cases involving imported goods, on 17 December 1998 the Directorate-General of Customs (DGOC) sent a circular to all customs bureaus stating the following principles and procedures:
Cases involving parallel imports of genuine goods are to be dealt with according to the laws, regulations and relevant operating rules currently in force.
In cases involving copyrights, the copyright holder or plate right holder should seek recourse under Article 90-1 of the Copyright Law and the relevant provisions of the Enforcement Rules for Customs Seizure of Goods Infringing Copyright or Plate Right.
In cases involving trademark infringement by imported goods, the trademark holder should provide concrete evidence of the alleged infringement, with details of the goods' importation such as import declaration certificate number, mode of transport, or flight number, and apply with the court for provisional seizure. Only then will customs bureaus provide assistance with enforcement.
In cases involving patent infringement in which an adjudication has been obtained from a judicial agency for mandatory enforcement of provisional sanctions, if customs assistance is required with enforcement, the patentee should further provide specific details of the importation of the goods concerned, including time and place (port of entry), mode of transport, flight or service number, or import declaration certificate number. Only then will customs bureaus assist with enforcement.
The procedures detailed in the DGOC circular are clearly intended to be applied to suspected cases of counterfeiting or other infringement of IPR rights. In cases where there is clear evidence of infringement, it should still be possible to request customs enforcement at the border on the basis of the remedies available under the relevant statutes.