Case 1: Nanjing Customs Intelligent Empowerment seized the case of export infringing bearings
In September 2023, Changzhou Customs, a subsidiary of Nanjing Customs, used big data analysis to determine that the goods were suspected of infringement after studying and judging the risk of a batch of bearings declared for export by a trading company in Ningbo. After inspection, it was found that a total of 5,597 sets of bearings in the goods were suspected of infringement, of which 5,557 sets of bearing bodies used the "SKF" logo, 10 sets of bearing bodies used the "NSK" logo, 10 sets of bearing bodies used the "TIMKEN" logo, and 20 sets of bearing outer packaging used the "EMERSON and graphics" logo, and declared as "no Chinese and English brands". As confirmed by the right holder, the above-mentioned bearings are all infringing goods. In October, the customs detained the goods in accordance with the law and filed a case for investigation. The value of the case is about 847,200 yuan, which is suspected of constituting a criminal offense. At present, the public security organs have filed a criminal case and the case is being investigated.
This case is a typical case of the Customs' wisdom empowerment to improve the quality and efficiency of law enforcement. In this case, with the concept of "big data" as the core, the Customs collected multi-channel data elements to develop and construct a risk research and judgment model for infringing goods with intellectual property rights based on the information on infringing goods seized by overseas law enforcement agencies notified by the public security organs, combined with the historical investigation and discovery of the customs area, strengthened the analysis of documents, and used "big data + artificial intelligence + expert wisdom" to further enhance the ability to accurately detect infringing goods. The large number and high value of the infringing bearings seized by the customs in a single case have been highly recognized by the right holder, and the evaluation of this case is "very rare in practice and of great typical significance." ”
Case 2: Huangpu Customs seized the infringing power adapter in the import link
In March 2023, a company in Shenzhen declared the import of a batch of power adapters to Shatin Customs, which belongs to Huangpu Customs. After conducting a risk analysis of the goods, the customs carried out control and inspection, and found that there were 20,209 power adapters with the "Delta" and "Dell" logos in the container that were in old condition and poorly packaged, and there was a great suspicion of infringement. The right holder confirmed that the batch of power adapters was infringing goods. Subsequently, through data analysis and judgment, Huangpu Customs carried out control of imported goods of the same type and path, and successively accurately hit 3 batches of imported power adapters, involving multiple logos such as "DELL", "SEGWAY", "SONOS", "DELTA", "CHROME", "PHILIPS", "Lenovo", etc., with the number of goods involved in the case being about 45,000 and the value of the goods involved in the case being about RMB 310,000. The Customs shall detain the goods in accordance with the law, and make an administrative penalty decision of confiscation of the infringing goods and a fine after filing a case for investigation.
This case is a typical case of the Customs adhering to the people-centered approach and strengthening the supervision of key commodities in the import process. Once a large number of imported infringing consumer electronic products enter the market, it will have an impact on the stability of the relevant domestic market, and then have an impact on economic development. The investigation and handling of this case shows that the Customs adheres to the concept of "people first", continues to implement key monitoring of relevant products in the import process, and strictly prevents infringing products from entering the country with a sense of responsibility of "always rest assured", and makes every effort to maintain a healthy and stable market order.
Case 3: Shenzhen Customs seized goods infringing on the intellectual property rights of domestic and foreign-funded enterprises
In January 2023, Shekou Customs, a subsidiary of Shenzhen Customs, found a number of earphones that had not been declared to the customs, including 19,925 earphones with the "HUAWEI" logo and 398198 earphones with the "SAMSUNG" logo, with a total value of RMB 1.095 million. As confirmed by the right holder, the above-mentioned headphones are all infringing goods. The customs shall detain the goods in accordance with the law, and after filing and investigating, make an administrative penalty decision to confiscate the infringing goods and impose a fine, and at the same time notify the public security organs of the clues of the suspected crime.
This case is a typical case of the Customs equally protecting the legitimate rights and interests of domestic and foreign-funded enterprises, supporting the innovation of multiple entities and creating a superior business environment. When a foreign brand enters the domestic market, its intellectual property rights need to be protected, and the intellectual property rights of domestic independent brands that give full play to their innovative advantages and sail overseas markets also need to be protected. In this case, the Customs seized goods that infringed on the intellectual property rights of domestic and foreign-funded enterprises at the same time, and maintained uniform law enforcement in the process of customs protection of intellectual property rights from inspection and confirmation to case filing and investigation, providing consistent protection and law enforcement facilitation for rights holders in different countries, demonstrating the determination and responsibility of the Customs to conscientiously implement the concept of "internal and external protection" of intellectual property rights and resolutely protect the innovation achievements of enterprises.
Case 4: Guangzhou and Jiangmen Customs Postal Channels Jointly Cracked Down on Infringing Clothing, Shoes and Hats
From May to June 2023, the Waihai Customs under Jiangmen Customs found that the sender held the ID card of "Zhang Xli" and used the names "Wayne", "Gary", "Lynn" and other names to declare and mail out clothing, shoes and hats and other items for mailing. After inspection, a total of 1,317 items in 174 parcels were suspected of infringing the exclusive right to use 80 trademarks. After combing through the relevant declaration of exit information, the customs believes that there is a greater risk of "port drift" of infringing goods, and submits the information of infringing goods in a timely manner to implement nationwide risk control.
According to the information circular of Jiangmen Customs, Guangzhou Customs quickly activated the intellectual property risk information response mechanism, accurately targeted high-risk personnel, and continuously found that the sender "X li zhang" declared abnormalities in a number of postal parcels sent abroad in July, and found that 362 postal parcels contained 1,835 pieces of clothing, shoes and hats suspected of infringing the trademark rights of many internationally renowned brands.
This case is a typical case of the Customs exchanging law enforcement information through postal channels. As a traditional logistics channel for inbound and outbound items, the postal channel has a small number of items in a single parcel, many national routes, and scattered recipients and senders, making it difficult to concentrate on crackdown. In this case, the sender used different names to send clothes, shoes and hats to different countries, with the intention of evading customs supervision. Customs pays close attention to the risk of infringement in the form of "breaking the whole into zero" and "ant moving" in the postal channel, strengthens law enforcement cooperation between customs departments, strengthens intelligence and information sharing, promotes integrated risk prevention and control, and accurately cracks down on illegal acts of scattered delivery of infringing goods.
Case 5: Xiamen and Nanchang Customs Regional Law Enforcement Cooperation Seized the Case of Export Infringing Wipes
In August 2023, the Customs of Ganjiang New District, a subsidiary of Nanchang Customs, received risk intelligence information that a batch of wet wipes about to be exported by a company in Jiangxi was at risk of infringement. By closely tracking the flow of goods, Nanchang Customs found that the goods would be exported through Xiamen through rail-sea combined transport. The customs immediately activated the rapid response mechanism for collaborative protection of intellectual property rights, carried out joint research and judgment on infringement clues with Xiamen Customs, and Dongdu Customs, a subsidiary of Xiamen Customs, accurately intercepted the infringing risk goods. After inspection, it was found that there were a total of 141,000 packs of wet wipes with the "Runbeimian" logo in the batch of goods, worth 648,000 yuan. As confirmed by the right holder, the above-mentioned wet wipes are infringing goods. The customs shall detain the goods in accordance with the law, and after filing and investigating, make an administrative penalty decision to confiscate the infringing goods and impose a fine, and at the same time notify the public security organs of the clues of the suspected crime.
This case is a typical case of the Customs deepening cross-regional coordinated law enforcement. In the context of the integration of national customs clearance, local customs have actively explored the cross-customs area collaborative law enforcement model by signing work agreements and other means, so as to achieve information sharing and joint research of clues, and form a joint force to combat infringement at the same frequency. In this case, the infringer extended the logistics chain by changing the mode of transportation of goods, which made it more difficult for customs to track. The Customs' continuous efforts to keep a close eye on the trend of infringing goods and successfully intercept them is a vivid practice of promoting the integration of customs protection of intellectual property rights in the whole region and through all channels.
Case 6: Hangzhou and Tianjin Customs jointly seized the case of locks infringing on the intellectual property rights of small and medium-sized enterprises
In September 2023, Tianjin Customs proposed to Hangzhou Customs the demand for cross-customs law enforcement cooperation, and jointly disposed of clues related to the infringement of the trademark right of "LION and graphics" of Tianjin Wright Import and Export Co., Ltd. After comprehensive research and judgment of the two customs, risk control will be implemented according to information such as the overseas flow of infringing goods and the exit port. In October, a company in Yiwu declared the export of a batch of padlocks to Jinhua Customs, a subsidiary of Hangzhou Customs, and another Yiwu company declared the export of a batch of plastic hoses, drawer locks and padlocks to Yiwu Customs under Hangzhou Customs. The above-mentioned goods were all intercepted by the customs after risk identification. After inspection, Jinhua Customs found 15,000 drawer locks with the "LION and graphics" logo, and Yiwu Customs found 15,000 drawer locks and 7,200 padlocks with the "LION and graphics" logo. As confirmed by the right holder, the above-mentioned locks are all infringing goods. Jinhua and Yiwu Customs respectively detained the goods in accordance with the law, and made an administrative penalty decision to confiscate the infringing goods and impose a fine after filing and investigation.
This case is a typical case of Customs protection of intellectual property rights of small and medium-sized enterprises. Small and medium-sized enterprises such as Tianjin Wright Import and Export Co., Ltd., with extensive operations and flexible mechanisms, are an important force for national innovation and development. In response to the needs of small and medium-sized enterprises for intellectual property protection, the Customs has adopted a series of service measures to help enterprises, such as policy interpretation, risk early warning, guidance on rights protection, and joint anti-counterfeiting, so as to provide a strong guarantee for enterprises to expand their markets. Customs at all levels have continuously seized goods that infringe on the intellectual property rights of small and medium-sized enterprises in the export process, effectively maintaining the innovation achievements and brand image of enterprises, enhancing the competitiveness of enterprises in international trade, and creating good conditions for the steady development of small and medium-sized enterprises.
Case 7: Qingdao, Chengdu and Hefei Customs strengthened the connection of executions and seized a series of cases of export infringing goods
In August 2023, Huangdao Customs, a subsidiary of Qingdao Customs, found 41,400 pieces of suspected infringing wigs during the inspection of a batch of export goods, using the "FEMI" mark, worth RMB 3.589 million. The right holder confirmed that the above-mentioned wig was infringing goods. At present, the public security organs have filed a criminal case and the case is under investigation.
In August 2023, Qingbaijiang Customs, a subsidiary of Chengdu Customs, found 1,818 suspected infringing guitars during the inspection of a batch of export goods, using the "HOHNER" logo, worth RMB 397,900. The right holder confirmed that the above-mentioned guitar was an infringing goods, and the customs detained it in accordance with the law and handed it over to the public security organ for investigation.
In November 2023, Wuhu Customs and Luzhou Customs, which are affiliated to Hefei Customs, successively inspected three batches of goods exported by a company in Anhui, and successively found 317,500 suspected infringement exercise books, worth RMB 199,000. As confirmed by the right holder, the above-mentioned exercise books are all infringing goods, which shall be detained by the customs in accordance with the law and handed over to the public security organs for investigation and handling.
This series of cases is a typical case in which the Customs and the public security organs have deepened the "connection between executions". In response to the concerns of the public, the Customs has maintained a high-pressure crackdown posture on the infringement of consumer goods with high social sensitivity and close to daily life, actively paid attention to new channels and new trends, dug deep into the clues of infringement cases, closely cooperated with the public security organs to dig deep and expand the line, and strongly promoted the improvement of in-depth cooperation mechanisms such as case transfer, comprehensive research and judgment, joint law enforcement, and information exchange and sharing, so as to effectively form a cross-regional and multi-departmental joint force to combat infringement, and set an example in improving the efficiency of law enforcement cooperation in the "connection between executions".
Case 8: Urumqi, Fuzhou, Chongqing and Zhengzhou Customs seized a series of infringing goods from cross-border e-commerce channels
In July 2023, the Customs of the Khorgos International Border Cooperation Center, a subsidiary of Urumqi Customs, found 14,144 pairs of suspected infringing sneakers when it inspected a batch of goods declared for export by a company in Khorgos in the form of cross-border e-commerce trade. All the goods are confirmed by the right holder to be infringing.
In July 2023, Pingtan Customs, a subsidiary of Fuzhou Customs, found a total of 2,517 pieces of suspected infringing clothing, bags and other goods with 40 different marks when inspecting a batch of goods declared for export by a company in Pingtan in the form of cross-border e-commerce trade. All the goods are confirmed by the right holder to be infringing.
In August 2023, when Chongqing Jiangbei Airport Customs, a subsidiary of Chongqing Customs, inspected a batch of goods declared for export by a company in Foshan in the form of cross-border e-commerce trade, it found that the goods in the two lists that were under control were suspected of infringement, and after expanded inspection, it was found that a total of 2,388 pieces of suspected infringing clothing, footwear, bags, watches, accessories and other goods, using 44 logos, were confirmed by the right holder to be infringing goods.
In September 2023, when Zhengzhou New Area Customs, a subsidiary of Zhengzhou Customs, inspected a batch of goods declared for export by a company in Shenzhen in the form of cross-border e-commerce trade, it found a total of 549 suspected infringing sports shoes, bags and other goods, using 26 logos, which were confirmed by the right holder to be infringing goods.
This series of cases is a typical case of the Customs strengthening the protection of intellectual property rights in emerging business fields such as cross-border e-commerce. In the face of the current new situation and new pattern in the field of foreign trade, the mainland is actively cultivating new forms and models of foreign trade, and cross-border e-commerce, as a typical representative, has become a new driving force for foreign trade development, a new channel for transformation and upgrading, and a new starting point for high-quality development. In this series of cases, the Customs continued to summarize the characteristics of infringement in cross-border e-commerce channels, gave full play to the data monitoring function, and took advantage of the different advantages of "seeing things in a single order" at the scene of document review and inspection, paid attention to the phenomenon of "port drift" of infringing goods in a timely manner, strengthened the crackdown on the export of infringing goods in the field of cross-border e-commerce, and effectively maintained the order of import and export trade through cross-border e-commerce channels.
Case 9: Shanghai, Dalian, Nanning and Changsha Customs seized a series of infringing goods destined for the Belt and Road countries
In February 2023, when the Customs of Waigaoqiao Port District, which belongs to Shanghai Customs, inspected a batch of export goods, it found that 587 pieces of goods such as cab assembly, engine, and gearbox were used, using the "HOWO and Figure" and "CNHTC and Figure" logos. The right holder confirmed that the above-mentioned auto parts were infringing goods.
In October 2023, when Dayaowan Customs, a subsidiary of Dalian Customs, inspected a batch of export goods, it was found that 3,000 sets of bearings were poorly packaged and crudely made, and the "Koyo" logo was used. The right holder confirmed that the above-mentioned bearings are infringing goods.
In January 2023, when the Friendship Customs Customs under Nanning Customs inspected a batch of export goods, it found a total of 5,308 pieces of clothing, handbags, watches and other goods, and 27 logos were used. The customs continued to strengthen risk control, and in February, it again seized 12,998 pieces of mobile phone protective cases, batteries and other goods exported by the same company, using 14 logos. The right holder confirmed that the above two batches of goods were infringing goods.
In June 2023, when Xingsha Customs, a subsidiary of Changsha Customs, inspected a batch of export goods, it was found that 9,000 plastic toy packaging boxes were printed with a variety of famous animated movie cartoon images such as "Teenage Mutant Ninja Turtles", "Cars" and "My Little Pony". It has been confirmed by the right holder that the above-mentioned toys infringe the copyright of the right holder.
The destination country of the goods involved in the above case is the "Belt and Road" countries, which is a typical case of customs implementing major national strategies and serving the overall situation of economic development. 2023 marks the 10th anniversary of the Belt and Road Initiative. Over the past decade, the mainland has continued to optimize its business environment, established mutually beneficial and win-win economic and trade relations with the Belt and Road countries, and expanded its import and export trade. In this series of cases, in the face of the strong consumer demand for Chinese-made products in the Belt and Road countries, the Customs seized infringing goods involving trademark rights and copyrights through different channels through precise risk prevention and control, so as to promote the high-quality "going overseas" of Chinese-made products and maintain the good image of Made in China.
Case 10: A series of cases in which Beijing, Ningbo, Lhasa and Kunming Customs seized infringing goods through multi-channel law enforcement
In December 2023, when the Capital Airport Customs under Beijing Customs inspected the luggage and parcel of an outbound passenger of a certain nationality, it found a total of 571 watches with multiple logos. As confirmed by the right holder, the above-mentioned watches are infringing goods.
In January 2023, Beilun Customs, a subsidiary of Ningbo Customs, found that a large number of balloons with the words "Douyin short video LOGO" and "Tik Tok" were hidden in the carton, with a total of 16,800 packs of balloons. The right holder confirms that the above-mentioned balloon infringes the copyright of the right holder.
In January 2023, Jilong Customs, a subsidiary of Lhasa Customs, found that 2,500 headphones using the trademark "Apple logo", 160 watches using the "RADO and graphics" logo, and 15 watches using other internationally renowned brand logos were hidden when inspecting the polyester cloth declared for export by a trading company in Tibet in the form of "border small-amount" trade. As confirmed by the right holder, the above-mentioned watches are infringing goods.
In November 2023, when Mengla Customs, a subsidiary of Kunming Customs, inspected the beer declared to the customs for export in the form of border people's mutual market, it was found that the declared goods were actually foreign liquor and liquor, a total of 261 bottles, and the above-mentioned goods used "NOBLIGE MARTELL and graphics", "Hennessy", "MOUTAI and pictures" and other marks. As confirmed by the right holder, the above-mentioned foreign liquor and liquor are infringing goods.
This series of cases is a typical case of the Customs strengthening the protection of intellectual property rights through multiple channels in accordance with the law and creating a first-class business environment. In the declaration process, the customs not only pays attention to the relatively common large quantities of import and export goods declared in the form of general trade, but also pays attention to the sporadic import and export goods declared in the less common trade methods such as market procurement and border small amounts; In this series of cases, the Customs adheres to the principle of "protection for all sizes", actively carries out intellectual property protection through multiple channels and in multiple fields, weaves a comprehensive network of intellectual property protection for import and export goods, effectively enhances protection capabilities, improves the protection system, and achieves full coverage of port protection.
Please indicate the source for reprinting: Photo provided by "Customs Release" / Nanjing, Huangpu, Shenzhen, Xiamen, Hangzhou, Tianjin, Qingdao, Chengdu, Dalian, Nanning, Changsha, Kunming Customs Producer/ Tao Yong Review/ Hao Yiran, Bao Yinghui Editor/ Dai Jun Art Editor/ Wei Hao