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QBPC Representatives Attended the Meeting Hosted by GACC on Studying and Revising the Regulations on Customs Protection of Intellectual Property Rights

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QBPC Representatives Attended the Meeting Hosted by GACC on Studying and Revising the Regulations on Customs Protection of Intellectual Property Rights

    On the morning of September 7, 2017, the Exchange Meeting on Amendment of Regulation on IPR Customs Protection organized by the Department of Policy and Legal Affairs (DPLA hereafter)  of GACC was held at the Chengdu Customs Building. QBPC Chairman Jack Chang, Vice Chairman Colin Chen and 22 representatives of QBPC members took part in the work meeting and exchanged views with 19 intellectual property officers from GACC and some representatives from the legal and academic circles. The meeting was chaired by Huang Jianhua, Director of IPR Division, DPLA of GACC.
    Deputy Director General Yu Bin of DPLA of GACC said that  China grows stronger and the society develops in an innovative manner, China’s customs begin to take active efforts in IPR protection and their works have achieved remarkable results,  receiving high praise from the international community. The role of foreign-funded enterprises in promoting China’s IPR protection should not be underestimated. In recent years, with the development of cross-border e-commerce and other new forms of business, the methods of performing the supervision function and the operation procedures of the customs have also undergone significant changes. In 2015, inspired by the speech of Vice Premier Wang Yang, the preparatory work for revising the Regulations on IPR Customs Protection  (hereafter the “Regulations”) was initiated. This year the customs plans to introduce the Regulations on Anti-Smuggling and then revise the Regulations. The work meeting is held to listen to the views of all circles on the IPR enforcement of the customs and the Regulations and make in-depth study for relevant issues so as to prepare for the revision of the Regulations.
    Jack Chang expressed his thanks to the customs for supporting the work of QBPC. He said that the QBPC members are the beneficiaries of the cooperation. He briefed the importance of the customs IPR protection and believed that the revision of the Regulations conforms to the requirements of the actual development. He also put forward the opinions on handling charges for infringing goods, international transhipment cargo, products bearing the same or similar foreign trademark and the cooperation between customs investigation and the police’s criminal enforcement.
    Colin Chen, Chuck Qi, Karen Li, Wendy Lin and Ken Chen from the Customs Committee, Leon Lv from the Best Practice Enforcement Committee, Li Weifang from the Sports Fashion and Life Style Industry Working Group, and member representative including Zhang Shuhua, authorized representative of STIHL and Zhang Xu, authorized representative of BP respectively put forward their comments or suggestions on the declaration obligations of consignees and consigners, the burden of goods and warehousing disposal charges, “the products bearing the same or similar foreign trademark”, the methods of destroying the infringing goods, strengthening the IPR protection in the inspection channels for luggage, mail, expressage and passenger as well as the transit, transshipment and through goods, the “total guarantee”, the patent and design protection, the disclosure of relevant information about infringing goods, the cooperation between customs and other law enforcement agencies, combined with years of experience in intellectual property border protection work by giving the actual cases and combining with years of work experience in the IPR border protection. The representatives of the law firms and the scholars participated in the meeting also expressed their views.
    The customs leaders listened to carefully and answered the members’ questions, and the exchange went on in a warmly way. Huang Jianhua concluded that the implementation of the Regulations has played a significant role in promoting the customs IPR protection and even China’s IPR protection and the scientific contents in the Regulations need to be protected; the purpose of the amendment is to make the Regulations more reasonable, scientific, and more coherent with the national IPR protection policies and the actual situation of customs enforcement at the present stage; the GACC will conduct in-depth discussion and analysis for the suggestions put forward by the QBPC members and the scholars in order that the revision of the Regulations can greatly enhance the social effect of IPR protection in China.
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