Steps to declare and apply for intellectual property protection to the customs: (1) register as a system user; (2) Input filing application data; (3) Paying the application fee; (4) Submit a paper application; (5) applying for correction; (6) receiving the notice of approval or rejection of the application. Article 26 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification, abstract, patent claim and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection. For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
Legal objectivity:
According to the Regulations on Customs Protection of Intellectual Property Rights, customs protection of intellectual property rights can be divided into two modes: application protection and ex officio protection. The difference between the two modes is mainly reflected in the degree of customs intervention and the obligations undertaken by the obligee. (1) Application for protection refers to the detention measures taken by the customs on the goods suspected of infringement upon the application of the intellectual property right holder. According to the application for protection, it has the following characteristics: (1) After discovering the goods suspected of infringement, the intellectual property right holder can directly apply to the port customs for detention without filing his intellectual property rights with the General Administration of Customs in advance; (2) The Customs is not responsible for supervising the entry and exit of goods suspected of infringement; (3) The intellectual property right holder shall provide the customs with a guarantee equivalent to the value of the goods suspected of infringement; (3) Customs has no right to investigate the infringement of goods. After the customs impounds the goods suspected of infringement, the intellectual property right holder shall apply to the people's court for judicial seizure. If the people's court fails to notify the customs to assist in the seizure within 20 working days after the customs detains the goods, the customs shall release the detained goods. It can be seen that the way to apply for protection is basically consistent with the provisions on customs suspension in the Agreement on Trade-related Aspects of Intellectual Property Rights of the World Trade Organization. Because the customs will not take the initiative to stop the import and export of infringing goods under the mode of applying for protection, the mode of applying for protection is also called "passive protection". (2) ex officio protection refers to the measures taken by the customs to detain, investigate and deal with the imported and exported goods found to have infringed intellectual property rights in the process of supervising the imported and exported goods. The word "ex officio" comes from the Latin exo-official in the Agreement on Trade-Related Aspects of Intellectual Property Rights. Protection ex officio has the following characteristics: (1) The intellectual property right holder shall file his intellectual property rights with the General Administration of Customs in advance; (2) The customs shall suspend the release of import and export goods suspected of infringing intellectual property rights, and notify the relevant intellectual property rights holders in writing; (3) Where the intellectual property right holder requests the customs to detain the goods suspected of infringement, he shall apply within 3 working days; (4) The maximum guarantee provided by the intellectual property right holder to the customs shall not exceed RMB 654.38+10,000; (5) Customs has the right to investigate and identify infringing goods; If the infringing goods cannot be determined, the customs shall notify the intellectual property right holder to apply to the people's court for judicial seizure; (6) The Customs has the right to confiscate the infringing goods it deems and impose administrative penalties on the consignee or consignor of the infringing goods. If the case constitutes a crime, it shall also be transferred to the public security organ; (seven) the customs has the right to dispose of the confiscated infringing goods according to law. Under the ex officio protection mode, the customs has the right to stop the import and export of infringing goods voluntarily, so the ex officio protection mode is also called "passive protection" mode.