Guidelines governing the suspension of goods infringing trademark right or copyright to take effect at the end of year
E030629Y3・E030629Y2 Jul. 2003（E46）
The Directorate General of Customs, Ministry of Finance has stipulated the “Guidelines Governing the Enforcement of Trademark Right and Copyright Protection Measures by Customs Authorities”, which will serve as the legal basis for the customs authorities to enforce border measures on IPR. In the future, when any goods for import or export are deemed infringing by a copyright or trademark holder, it can furnish a certain amount of security for the customs authority to suspend the release of such goods.
Most of the provisions in the above Guidelines have taken effect since July 1, but the provisions providing for the suspension of release of trademark infringing goods will not put into practice until December 28, in line with the amendment to the Trademark Law.
After receiving a complaint filed by a trademark or copyright owner (including an exclusive licensee thereof), or its agent, the customs authority will help find out the goods at issue based on the specific information provided. If suspected infringing goods are found, the complainant can apply with the customs authority for the suspension of release of such goods by way of furnishing a security, or apply with the court for the preservation of such goods by suspending their release by customs authority, according to the Implementation Regulations for Suspension of Release of Goods Infringing on Copyright or Plate Rights by Customs Authorities, and Paragraph 2, Article 65 of the Trademark Law or Article 90-1 of the Copyright Law.
Most of the provisions in the above Guidelines have taken effect since July 1, but the provisions providing for the suspension of release of trademark infringing goods will not put into practice until December 28, in line with the amendment to the Trademark Law.
After receiving a complaint filed by a trademark or copyright owner (including an exclusive licensee thereof), or its agent, the customs authority will help find out the goods at issue based on the specific information provided. If suspected infringing goods are found, the complainant can apply with the customs authority for the suspension of release of such goods by way of furnishing a security, or apply with the court for the preservation of such goods by suspending their release by customs authority, according to the Implementation Regulations for Suspension of Release of Goods Infringing on Copyright or Plate Rights by Customs Authorities, and Paragraph 2, Article 65 of the Trademark Law or Article 90-1 of the Copyright Law.
