Customs announced a batch of typical cases of infringement of intellectual property rights



        The General Administration of Customs has announced a number of typical cases of infringement of intellectual property rights, involving equal protection of domestic and foreign rights holders’ trademark exclusive rights, Olympic logo exclusive rights and other intellectual property rights, covering consumer goods such as food, cosmetics, clothing, cigarettes, glasses, and freight , Cross-border e-commerce, postal and other key channels.


   In these cases, there are not only the protection of intellectual property rights under the traditional trade model, but also the crackdown on the "fragmentation" infringement of emerging business types. Some cases show that the customs effectively protect foreign brands and create a good business environment; some cases show that customs intellectual property protection supports the development of new trade formats and the promotion of major reform projects; some cases show that the customs has further strengthened the protection of the Olympic logo; Some cases show that the customs has implemented chained protection of intellectual property rights through cross-departmental and cross-border joint law enforcement cooperation. Typical cases have demonstrated the remarkable results achieved by the Customs in strengthening the protection of intellectual property rights and cracking down on import and export infringements.


  Ningbo Customs' export freight channel seized the food case that infringed on the exclusive right to use the trademark "Laoganma + head portrait"


        During the inspection, customs officers found that a batch of beverages, soy sauce, instant noodles and other goods declared by a company for export contained foods with the "Laoganma" trademark, including spicy chopped peppers, spicy three diced peppers, and spicy vegetables. 5788 pieces. The inspector comprehensively inspected the situation and the appearance of the packaging of the goods, and judged that the infringement was more suspected. After contacting the right holder Guiyang Nanming Laoganma Flavor Food Co., Ltd., it was confirmed as an infringing product.


  Ningbo Customs' import freight channel seized the case of infringing garments by cutting labels


   The customs seized 26,297 pieces of clothing that infringed on the trademark exclusive rights of many well-known brands such as "HUGO BOSS", with a total case value of approximately 800,000 yuan. During the inspection, customs officers found that a batch of clothing imported by a company had their labels cut, which may be a new way to hide infringement. They immediately initiated an active protection procedure, and the right holder confirmed that they were all infringing goods. The case is currently under further investigation.


  Ningbo Customs' export freight channel seized the suspected bearing infringement case


   During the inspection, the customs officer found that a company declared to the customs for export of a batch of polyester cloth, bearings, artificial leather office chairs and other goods. There is a batch of bearings in the container that are packed in blue carton, the production process is rough, the "HCH" trademark is clearly printed on the carton, the number is 200,000 in total. The inspector immediately determined that the infringement was suspected to be greater and immediately initiated the active protection procedure. After contacting the right holder, Huanchi Bearing Group Co., Ltd. confirmed that they are all infringing products. At present, Ningbo Customs has imposed administrative penalties of confiscation and fines.


  Ningbo Customs seized the case of infringing beauty products in export shipping channels


        The customs seized 53,300 lip glosses, 3,600 mascaras, 288 makeup primers, and 1,080 lip glosses with the trademarks of "HUDA BEAUTY", "MAC and pictures", "ST.Ives", "L'OREAL", "Maybelline" and "DIOR". Infringing cosmetics such as liquid foundation. During the inspection, the customs officer found that the goods with the ticket name "plastic brush" contained more brands of beauty products. After opening and unpacking the goods for inspection, they comprehensively judged that there is suspicion of infringement and immediately initiated active protection program. After contacting the intellectual property right holder, it was confirmed as an infringing product. At present, Ningbo Customs has handed over the ticket infringement case to the public security department for further digging and expanding the line.


   Lianyungang Customs seized a glass case suspected of infringing trademark exclusive rights


   The customs seized 108,774 glasses with a value of 77841 yuan that were suspected of infringing on the trademark "ROYALEX" of Jiafeng Industrial Co., Ltd. filed with the General Administration of Customs. This batch of cargo business units was not in the list of legal users of customs intellectual property protection records, and the right holder confirmed that the batch of glass cups were infringing products. At present, Lianyungang Customs has detained the batch of glasses, and the case is under investigation.


   Xuzhou Customs seized the suspected infringement sticker case


   During the inspection, the customs officer found that the batch of stickers declared for export by a certain company in Shandong used the "DISNEY" logo, and the number was 120,000. The trademark owner, Disney Enterprises, has confirmed that these stickers are infringing products. Xuzhou Customs filed a case in accordance with the law and imposed administrative penalties on the infringing enterprises.


  Beijing Customs successively investigated cases of cigarettes suspected of infringing trademark exclusive rights through mailing channels


   After inspection, in the 504 batches of parcels mailed out of the country, there were 2 to 8 cigarettes with the words "NANYANG BROTHERS", a total of 374,400 cigarettes. Customs officers judged that cigarettes produced in Hong Kong, China, were mailed out of the mainland through an abnormal trajectory, and the packaging was rough, and there was a greater suspicion of infringement. The right holder Nanyang Brothers Tobacco Co., Ltd. confirmed that the above-mentioned cigarettes are all infringing products. At present, Beijing Customs has detained all the above-mentioned cigarettes and filed a case for investigation.


   Tianjin Customs seized the case of sporting goods infringing on the exclusive right of Olympic logo


   During the inspection of the sporting goods declared for export by a company in Baoding, it was discovered that 1958 belts in the actual goods used the "Olympic Five Rings" logo and sewed the words "OLYMPIA GO", which was suspected of infringement. After contacting, the Chinese Olympic Committee confirmed that the actual goods violated the exclusive rights of the Olympic logo and applied for customs protection. This is the first time that Tianjin Customs has seized goods infringing on the exclusive rights of the Olympic logo in recent years. The customs has initiated the detention procedure.


  Tianjin Customs seized the case of infringing trademark exclusive right insulation nails


        The customs seized a batch of insulation nails from the goods declared for export by a company in Xingtai City, Hebei Province. The declared quantity was 712 boxes, suspected of infringing on the exclusive right of Hilti Co., Ltd. to use the trademark "HILTI" filed with the General Administration of Customs. . After contacting, Hilti Co., Ltd. confirmed that the actual goods were not authorized by the company, and the use of the logo completely contained its well-known "HILTI" trademark, which could easily cause confusion and misunderstanding of the source of the goods by the relevant public. At present, the right holder has submitted a written application and guarantee for the detention of the infringing goods to Tianjin Customs, and Tianjin Customs has initiated the follow-up procedure for filing and detention.


   Rongcheng Customs seized the case of infringing clothing in cross-border e-commerce channels


   A total of 61 batches of suspected infringement of "golf" and other brand T-shirts were seized in this case, with a case value of about 9735 yuan. After inspection, it was found that the above 61 batches of goods declared for export were printed with the logo of golf and other brands, but the quality of the clothing was poor, the packaging was relatively simple, and there was a big difference from the genuine clothing. Later, the parties admitted that the T-shirts were all infringing products.


   A series of cases involving infringing goods seized by the Guangdong Customs in a joint enforcement action by the Guangdong, Hong Kong and Macao Customs


  Guangdong Branch takes the lead in the province’s Guangzhou, Shenzhen, Gongbei, Huangpu, Jiangmen Customs and Hong Kong and Macao Customs to jointly carry out joint enforcement actions for intellectual property customs protection. The Guangdong Customs seized more than 2.421 million infringing goods during the operation; Huanggang Customs, a subsidiary of Shenzhen Customs, seized about 4,000 items of luggage, leather goods, glasses, clothing, etc. in outbound parcels carried by a company in Guangzhou that were suspected of infringement; Fenggang belonging to Huangpu Customs The customs seized a batch of 1.025 million labels and stickers suspected of infringing on the exclusive right to use the "Nestle" trademark that were declared for export through cross-border e-commerce.


   Since the beginning of this year, the national customs has carried out in-depth special enforcement actions such as the "Long Teng Action 2021" to strengthen customs protection of intellectual property rights to crack down on import and export violations.