China's IP and customs agencies issue joint protection guidelines
In short
China's intellectual property and customs agencies issued joint guidelines to strengthen coordinated protection, outlets reported on October 14. The measures call for regular trademark and patent data sharing, assistance with investigations and stronger protection in priority areas including photovoltaics.
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China's intellectual property administration and customs administration have jointly issued guidelines to strengthen coordinated intellectual property protection, according to reports published on October 14. The China National Intellectual Property Administration and General Administration of Customs will establish a long-term mechanism for sharing and using data while safeguarding data security. The guidelines also call for assistance with investigations, professional support and stronger protection in priority areas, CLS and Jiemian reported. [ 1 , 2 , 3 , 4 ]
Under the measures, the intellectual property administration will regularly provide customs with basic trademark and patent data to facilitate rights holders' customs recordation applications. It will also share information on recognized well-known trademarks, canceled or invalidated trademarks and administrative decisions in major patent infringement disputes. Customs will provide data on trademarks and patents recorded for customs protection and on cases involving confiscation. The agencies will exchange their administrative enforcement responses to promote consistent standards for judging infringement, Yicai reported. [ 2 , 3 , 4 ]
The guidelines require customs and intellectual property authorities to assist one another when requested in investigations involving imported or exported goods. For patent cases involving technical questions, intellectual property authorities are to recommend technical investigators or other specialists according to customs' needs. Customs may seek professional opinions from intellectual property authorities when assessing complex trademark or patent issues, according to the text carried by Jiemian and China News Service. [ 3 , 4 ]
Authorities are encouraged to help rights holders with recognized well-known trademarks, geographical-indication collective or certification trademarks, and enterprises in priority industries such as photovoltaics apply for customs recordation. After recordation, customs is to strengthen protection based on national industrial policy and risk analysis. The guidelines also provide for joint research, professional training, public awareness work and regular assessments of protection efforts, according to Jiemian and China News Service. [ 3 , 4 ]
Why it matters
The guidelines seek to align infringement judgments between intellectual property authorities and customs. They also provide for specialist assistance in technically complex patent cases involving imported or exported goods.
Key facts
- The China National Intellectual Property Administration and General Administration of Customs jointly issued the guidelines. [ 1 , 2 , 3 , 4 ]
- The agencies will establish a long-term data-sharing mechanism while safeguarding data security. [ 1 , 2 , 3 , 4 ]
- The guidelines require mutual assistance in investigations involving imported or exported goods. [ 3 , 4 ]
- Rights holders in priority areas including photovoltaics are encouraged to apply for customs IP recordation. [ 1 , 3 , 4 ]