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  • Say "No" to infringements -- Shanghai Customs makes multidimensional efforts to promote the protection of intellectual property rights

    Release Time: 2023-04-28 Source: General Administration of Customs Views:

    2022年,Shanghai Customs closely follows the national intellectual property strategy and the innovation-driven development strategy,We will give full play to the function of customs in protecting inbound and outbound intellectual property rights,Adhere to the fight against infringement and service innovation,We will take the construction of smart customs as the starting point,Strict supervision, excellent service, building joint governance,Continue to promote the further optimization of the business environment at ports,We will promote foreign trade and high-quality economic development。

    Strict control of the clean environment

    According to the unified deployment of the General Administration of Customs,From February 1 to the end of 2022,Shanghai Customs has organized a special campaign on intellectual property protection code-named "Dragon 2022",Surrounding port reality,Focus on key areas and key links where infringement and counterfeiting occur frequently and easily,Food and drugs, auto parts, electrical and mechanical equipment and other goods directly related to public health and public safety as the focus of law enforcement protection,In the import and export links, a total of nearly 500,000 products suspected of infringing masks, auto parts, machinery and equipment were intercepted。

    2022年初,Shanghai Customs subordinate Yangshan Customs in a number of declared export brake pump, camshaft and other goods inspection,Found in addition to the goods declared to the customs,The container also contains a large number of undeclared spark plugs, cylinder pads and piston rings printed with the logos of 15 well-known automobile brands at home and abroad such as "TOYOTA", "CHERY+ CHERY+ Map" and "FORD",共计10.More than 50,000 pieces, the value equivalent to more than 610,000 yuan。After contacting the relevant intellectual property rights holders to confirm that the above auto parts are infringing products。

    This is a large number of infringement cases of export auto parts products seized by Shanghai Customs in recent years,The investigation and handling of this case has also received a good social response,Toyota sent a letter of thanks: "Auto parts are closely related to the safety of consumers' lives,Shanghai Customs has vigorously cracked down on illegal activities of manufacturing and selling counterfeit goods,The order of the market economy has been further standardized and the market environment has been further improved。”

    While carrying out the "Dragon Teng operation",Shanghai Customs also made in-depth studies on the development laws of new business forms and new fields such as cross-border e-commerce,Focus on infringement risk,Concentrated law enforcement forces to carry out special rectification actions such as "Blue net Action" for intellectual property protection in the delivery channels and "Net Sword Action" for intellectual property protection in the online market,Strictly crack down on the import and export infringement of "breaking the whole into pieces" and "ants moving"。

    In 2022, Shanghai Customs launched more than 900 batches of intellectual property protection measures in cross-border e-commerce channels, an increase of 1.3 times;More than 1,100 batches of intellectual property protection measures were launched in the express channel, an increase of 2.2倍。By organizing and carrying out a series of special actions on intellectual property protection to form a "combination" of cracking down on import and export infringement and illegal activities, comprehensively strengthening border protection of intellectual property rights, effectively cracking down on intellectual property infringement and illegal activities in import and export fields, and creating a fair and orderly business environment at ports。

    Protect innovation with innovation

    The "14th Five-Year Plan for Customs Development" proposes to "strengthen the informatization and intelligent construction of intellectual property protection.。Shanghai Customs is guided by the construction of "three wisdom",We will take the construction of smart customs as the starting point,Around the need for on-site law enforcement and combating infringement,Actively explore the deepening application of scientific and technological means such as "non-invasive inspection", "image recognition" and "big data model",Adhere to science and technology for ability and efficiency,Enabling innovative law enforcement and regulatory approaches through technology,We will comprehensively improve the effectiveness of law enforcement in IPR protection。

    To promote the implementation of the establishment of big data customs application innovation demonstration site as an opportunity,Shanghai Customs actively expands big data application innovation,We will coordinate the development of intellectual property risk prevention and control with the application of big data,We will use big data as an engine to promote innovation and development of intellectual property protection,Based on the advantages of the "Shanghai Customs Cross-border Trade Big Data Platform" data cluster,Carry out risk monitoring, early warning and assessment,Innovative risk prevention and control strategies,Construct the data model of high risk infringing goods,By implementing "panoramic scanning + targeted prevention and control",To realize multi-dimensional screening and early warning and interception of import and export infringement goods。

    Shanghai Customs also comprehensively promoted the new generation of inspection management system mobile terminal "Trademark intelligent recognition application" in the whole range of customs,Rely on the technology,Front-line inspection officers only need to take photos of the graphic identification of the physical goods by checking individual equipment,It can be automatically identified and compared with the information of the Customs intellectual property filing system,And indicate whether infringement is suspected,Auxiliary field enforcement,Speed up the verification of the intellectual property status of import and export goods。

    Since 2022, Shanghai Customs has launched 87 batches of intellectual property protection measures through the intelligent application, involving more than 2.2 million suspected infringing goods, which has been widely praised by intellectual property rights holders and import and export recipients and shippers。In addition, Shanghai Customs actively uses the "technology investigation integration" mode of investigation and seizure in the mailing channel, and works together to apply the non-invasive inspection method of "same screen comparison + intelligent review map" to improve the overall efficiency of law enforcement。In 2022, Shanghai Customs intercepted more than 6,800 batches of infringing postal parcels, ranking first in the country。

    Work together to improve efficiency

    Intellectual property protection is a systematic project,Need to gather many forces,Shanghai Customs is deeply involved in the construction of the intellectual property protection system,Relying on the location advantages of the Yangtze River Delta,Based on the domestic and international dual-cycle hub strategic positioning,Anchor the whole chain protection goal of intellectual property protection,By deepening the linkage of international law enforcement,Work closely together,Build consensus, exert force in the same direction, and resonate with the same frequency,We will improve the intellectual property protection system,We will build a work pattern of joint governance for intellectual property protection。

    All along, Shanghai Customs has been committed to deepening the regional customs law enforcement linkage, through the establishment and improvement of the rapid response and joint law enforcement mechanism of major cases and major infringement risk information with other customs directly under it, especially the customs in the Yangtze River Delta region, and the integration of efforts to enhance cross-customs collaborative law enforcement。In 2022, through information sharing and law enforcement cooperation, Shanghai Customs seized 27 batches of infringing goods declared across customs areas in the freight channel, an increase of about 30% year-on-year, forming a regional linkage and inter-customs mutual assistance protection line, effectively preventing the port drift of infringing and counterfeit goods。

    In addition, it is also committed to promoting cross-departmental collaboration and improving the effectiveness of the full chain protection。Jointly launched the "100 Days of Intellectual Property Protection Action for the 5th China International Import Expo" with Shanghai Intellectual Property Office and Shanghai Market Supervision Bureau,Set up special work group docking support,The concept and actions of respecting and protecting intellectual property rights will be integrated into the whole process of the CIIE,To provide comprehensive and high-quality intellectual property supervision and services for the Expo;Carry out joint destruction activities against infringing and counterfeit commodities with Shanghai Market Supervision Bureau,Demonstrate the confidence and determination of law enforcement departments to jointly crack down on infringement and illegal acts;Further promote the link between the two laws,Work with the public security department to trace the source of infringement and counterfeiting and crack down on the chain,Severely punish torts and illegal crimes that endanger public health and safety;Further close cooperation with the court,Innovate the mechanism for connecting work,Contact suspected infringement goods preservation matters,We will effectively protect enterprises' rights and interests in innovation。

    2022年3月,Shanghai Customs received a judicial preservation request from Pudong New Area People's Court on a batch of suspected infringing goods about to be exported,At that time, Shanghai Pudong area implemented a special period of static management,Getting work done in the form of regular offline paperwork is fraught with obstacles,The "last mile" to better address security enforcement,We will effectively safeguard the rights and interests of enterprises in innovation,Shanghai Customs is closely connected with the People's Court,Active communication and consultation,The two sides discussed innovative ways of working cohesion,The whole process of electronic production, exchange, delivery to complete the security,Work together through customs and courts,In the way of the whole process "cloud relay" contributed to the whole process "cloud security",The allegedly infringing goods were eventually successfully preserved,It has laid a solid foundation for enterprises to successfully safeguard their rights in the future。

    Excellent service promotes development

    Shanghai Customs always adheres to the concept of equal emphasis on combating infringement and service innovation, efficient protection and precise assistance, which not only strictly protects intellectual property rights, but also ensures public interests and incentives for innovation。In 2022, the customs will continue to promote the training plan for enterprises with advantages in exporting intellectual property rights, implement targeted guidance and services, collaborate with local departments to carry out joint cultivation, and comprehensively enhance the awareness and ability of enterprises to create, protect, use and manage intellectual property rights。   In 2022, 725 new IPR customs filings were made in Shanghai.There were 129 new right holders, which continued to maintain rapid growth, and the total number of key enterprises in the customs area increased to 34。

    同时,Build a strategic positioning of global science and innovation center around Shanghai,Shanghai Customs has taken the initiative to expand the connotation and extension of the customs protection function of intellectual property rights,In the overall situation of high-quality service development to highlight the customs responsibility and action,On the basis of building the country's first offline entity center for intellectual property protection of science and technology enterprises with the theme of "Science and Technology innovation",Actively explore and apply the concept of "Internet +AI",Create an online virtual display cloud platform with unique scientific and creative characteristics,Gather policy publicity, rights protection guidance, enterprise training, infringement and counterfeiting and other functions,Use VR technology,Enable the virtual guide "small section" to guide and explain the whole process,Fully and vividly demonstrate the effectiveness of customs work on intellectual property rights,Continuously enlarge the service radiation range,To provide platform-based, networked and integrated "one-stop" guidance and services for the city's science and innovation subjects,Focus on high-quality development,Create a "growth pole" for intellectual Property customs protection services。In 2022, the "Customs Protection Center for Intellectual Property Rights of Scientific and Creative Enterprises" project was awarded the first annual "Ten Typical Cases of Shanghai Reform and Innovation Work" and released to the public。

    Shanghai Kaisai Biotechnology Co., Ltd. is a new specialized enterprise with its headquarters and R&D center located in Zhangjiang High-tech Park, Pudong, Shanghai. The company has a world-leading patent for the production technology of bio-based materials related to new low-carbon environmental protection, which plays a positive role in achieving "carbon neutrality and carbon peak"。In March 2022, the company relied on the platform of the Customs Protection Center for Intellectual Property Rights of the company to reflect to the Shanghai Customs that it was plagued by patent infringement in the import and export links, but because relevant infringements often occurred at ports in different places, it was very inconvenient to protect its rights。After learning about the infringement plight of enterprises,Shanghai Customs meets the needs of enterprises to protect their rights in a timely manner,Forward services guide enterprises to do a good job of rights protection plans and deployments,And rely on the inter-relationship cooperation mechanism,Through law enforcement collaboration,Successfully intercepted the goods suspected of infringing its relevant patent rights at the port of another place,Through the first time fixed patent infringement disputes related to the material evidence, documentary evidence,For subsequent enterprises to rely on the judicial way to further maximize the interests of rights protection,Laid a solid foundation,Provided strong support。Shanghai Customs helps local medical enterprises to successfully protect their rights in different places,Let enterprises really feel the important role of customs intellectual property protection,It has greatly encouraged the confidence of enterprises in innovation and development,The case was also awarded "Excellent Intellectual Property Rights Protection Project in Shanghai 2022" as a "high-value patent protection project in China".,Significant demonstration effect。

    Service high-quality development, customs intellectual property protection should be successful。Next stage,Shanghai Customs will consciously integrate intellectual property protection into the overall development of the Party and the country,The construction of smart customs is the key line, special governance is the key, and service optimization measures are the basis,Make the business environment that respects the value of knowledge more optimized,The system function of promoting intellectual property to stimulate innovation is more significant,We will do a solid job in customs protection of intellectual property rights,In promoting the modernization of the national governance system and governance capacity, customs should play its due role in intellectual property protection,To provide a solid guarantee for high-level opening up and high-quality development。

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