Legal subjectivity:
Customs implements protection of intellectual property rights in the entry and exit process. From a macro perspective, first, it is conducive to maintaining the normal import and export trade order; second, it is conducive to improving The international image of Chinese products; third, it is conducive to improving China's intellectual property protection system and improving the domestic investment environment. From a micro perspective: First, it can stop ongoing infringements. Customs detains imported and exported goods that infringe on intellectual property rights, causing the interruption of international transactions of infringing goods, preventing infringing goods from entering circulation channels, and avoiding or reducing the infringement damage suffered by intellectual property rights holders; secondly, it can prevent future infringements. Customs confiscates infringing goods, imposes administrative penalties on consignees and consignees of imported and exported infringing goods, and transfers criminal suspects to judicial authorities to pursue criminal liability. These measures increase the illegal costs of infringement and impose penalties on the intentional production, sale, import and export of infringing goods. The illegal elements will inevitably produce strong punishment and deterrence. At the same time, it also enables some enterprises and individuals who lack legal knowledge and intellectual property awareness to take a warning and consciously respect the intellectual property rights of others in future production and business activities; third, it provides convenience for initiating civil remedies. Through customs seizure of imported and exported infringing goods, IP rights holders can obtain the evidence necessary to take legal action against infringers. In addition, the people's courts and intellectual property administrative departments can also understand the infringement status of parties during the import and export process through customs, so as to handle infringement disputes more quickly and accurately. Legal objectivity:
According to Article 2 of the "Regulations on the Customs Protection of Intellectual Property Rights", the intellectual property rights protected by my country's customs should be related to imported and exported goods and subject to the laws and administrative regulations of the People's Republic of China. Protected trademark exclusive rights, copyrights and copyright-related rights and patent rights. Specifically, it includes the following scope: (1) Trademarks approved and registered by the Trademark Office of the State Administration for Industry and Commerce; (2) Internationally registered trademarks registered in the World Intellectual Property Organization and extended to my country; (3) State Intellectual Property Office (including Inventions, designs, and utility model patents granted patent rights by the former China Patent Office); (4) Copyrights and copyright-related rights owned by citizens or organizations that are members of the Berne Convention for the Protection of Literary and Artistic Works. In addition, according to the "Regulations on the Protection of Olympic Symbols" and the "Regulations on the Protection of World Expo Symbols" promulgated by the State Council, my country's customs also protects the Olympic symbols and World Expo symbols.