Instruction to protect the intellectual property rights of Customs Officers, No. 0121/MOF, date 13 January 2022.
关于海关官员知识产权保护措施的指导意见，第0121/财政部号，2022年1月13日
ຄຳແນະນຳ ວ່າດ້ວຍມາດຕະການປົກປ້ອງສິດຕໍ່ຊັບສິນທາງປັນຍາຂອງເຈົ້າໜ້າທີ່ພາສີ, ເລກທີ 0121/ກງ, ລົງວັນທີ 13 ມັງກອນ 2022
Summary
This guidance document stipulates the uniform rules and procedures for customs officials to implement intellectual property protection measures, including the filing of information applications by rights holders, the provisional suspension of release and inspection of goods suspected of infringement, and follow-up measures subsequent to court judgments. It applies to measures targeting goods involving counterfeit trademarks, piracy, and infringement of industrial design rights, and does not apply to the import or export of non-commercial goods or to non-repetitive acts.
Articles
Article 1
Article 1 Objective
This guideline defines the regulations and procedures on applying for notifying the information
as owner of intellectual property. As well as the temporary suspension of goods and inspection of
goods which are violation of intellectual property, implementing by the ex-officio, the follow up after
the court decision to ensure that the implementation of measures to protect rights of the intellectual
property by the customs officers in a uniformed manner throughout the country.
Article 2
Article 2 Protecting rights of intellectual property
This guideline shall be applied for the measures against infringers upon the application of any
right holder in accordance with the procedures as set out in this guideline. This only applies to the
counterfeit trademark, pirated and industrial design infringing products in accordance with the rules
and regulations.
The protecting rights of intellectual property under this guideline does not apply to the import
and export of non-commercial goods and not in repetitive action.
Article 3
Article 3 Definitions
The terms used in this guideline have the meaning as follows:
1. Customs officer refers to the customs staff as appointed to perform duties at any border
customs checkpoint, customs station, mobile customs unit, and to perform any ad-hoc mission
of customs.
2. Intellectual property rights refer to the right of individuals, legal entities, or organizations in
relation to intellectual property.
3. Right holder refers to any (registered or non-registered) person, individual, or entity, domestic
or foreign, whose intellectual property rights are protected by the Intellectual Property Law.
4. Owner of the goods refers to any person, individual or entity, domestic or foreign, who is
liable for the goods by virtue of ownership or representation.
5. Applicant refers to the right holder who applies for inspection and suspension of goods
suspected of infringement.
6. Application refers to the documents submitted to the Customs Office for notification of
ownership information on intellectual property rights and requests for temporary detention of
intellectual property rights in the printed form prescribed by the Customs Administration;
7. Goods suspected of infringing intellectual property right refers to goods with regard to
which there are reasonable indications that they are the subject of an act infringing an
intellectual property right.
8. Suspension refer to the temporary detention of goods in waiting for the result of court
proceedings.
9. Counterfeit goods refers to any goods (including packaging) bearing without authorization a
trademark which is identical to the trademark validly registered in respect of such goods, or
which cannot be distinguished in its essential aspects from such a trademark, and which thereby
infringes the rights of the owner of the trademark, under the Intellectual Property Law.
10. Pirated goods refers to any goods which are copies made without the consent of the right
holder or person duly authorized by the right holder and which are made directly or indirectly
from an article where the making of that copy would have constituted an infringement of a
copyright or a related right under the Intellectual Property Law.
11. Industrial Design infringing goods refers to any goods bearing or embodying a design
which is a copy, or substantially a copy, of the protected design without authorization of the
industrial design right under the Intellectual Property Law.
Intellectual Property Rights
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