Guidance on Intellectual Property Protection Measures for Customs Officers
关于海关人员知识产权保护措施的指导
ຄຳແນະນຳ ວ່າດ້ວຍມາດຕະການປົກປ້ອງສິດຕໍ່ຊັບສິນທາງປັນຍາ ຂອງເຈົ້າໜ້າທີພາສີ
Summary
This guideline, formulated by the Ministry of Finance, stipulates procedures for customs to implement intellectual property protection (trademarks, copyrights, industrial designs) at borders, including rights holder registration, temporary detention of goods, customs inspection, ex officio enforcement, and execution of court judgments, for uniform implementation nationwide.
Articles
Article 1
Purpose. These regulations provide for the systems and procedures concerning applications for recordation of information of intellectual property rights holders and applications for temporary detention of goods, inspection of goods infringing intellectual property rights, ex officio enforcement, and execution of court judgments, in order to ensure the uniform and consistent implementation of intellectual property protection measures by customs officers nationwide.
Article 2
Intellectual Property Protection. Intellectual property protection refers to taking measures against intellectual property infringers upon the request of the right holder/rights holder; the aforementioned measures apply only to goods bearing counterfeit trademarks, goods infringing copyright, and goods infringing industrial designs, and must be carried out in accordance with the systems and procedures stipulated in this guidance. Intellectual property protection under this guidance does not apply to imported and exported goods that are small in quantity, non-commercial in nature, and not frequent.
Article 3
Interpretation of Terms. The terms used in this guidance have the following meanings: 1. Customs officers, refer to customs personnel appointed to perform duties at border customs, provincial (capital) customs, anti-smuggling investigation and suppression divisions, and personnel engaged in specific customs tasks. 2. Intellectual property, refers to the rights enjoyed by individuals, legal persons, or organizations over intellectual property. 3. Right holder/rights holder, refers to an individual, legal person, or organization that legally has the right to manage intellectual property. 4. Goods owner, refers to an individual or legal person, domestic or foreign, responsible for the goods based on authorization or delegation from the right holder. 5. Applicant, refers to the right holder, rights holder, licensed user of intellectual property, or legally authorized person who submits an application for recordation information and a request for provisional protection to the customs authority regarding intellectual property. 6. Application, refers to documents submitted to the customs authority in the format prescribed by the customs authority for applying for recordation of intellectual property information and provisional detention of infringing goods. 7. Goods suspected of infringing intellectual property rights, refer to goods for which there are reasonable indications of intellectual property infringement. 8. Detention, refers to the temporary preservation of goods or items suspected of infringing intellectual property rights, pending the results of inspection by the customs authority. 9. Counterfeit trademark goods, refer to any goods (including packaging) bearing without authorization a trademark identical to a legally registered trademark, or indistinguishable in its essential aspects, which under intellectual property law infringes the rights of the trademark owner. 10. Pirated copyright goods, refer to copies made without the authorization of the right holder, and any goods directly or indirectly made that constitute infringement of copyright or related rights under intellectual property law. 11. Goods infringing industrial design rights, refer to industrial articles or industrial models that imitate or copy a protected industrial design without the authorization of the right holder, constituting infringement under intellectual property law.
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