(1) Issue a notice to the intellectual property owner, informing him in writing of the name, quantity, value, name of the consignee, date of declaration of import and export, date of customs detention, etc。The intellectual property owner has the right to inspect the goods detained by the Customs with the permission of the Customs。
(2) The customs that issues the detention voucher to the consignee or consignor shall serve the detention voucher for the suspected infringing goods on the consignee or consignor。The owner of the cargo has the right to inspect the goods detained by the Customs with the permission of the Customs。For the detention of infringing goods, the Customs shall, after investigating the detention of infringing goods, investigate the infringing goods and other relevant circumstances according to law。The recipient of the goods and the owner of the intellectual property shall cooperate with the Customs investigation and truthfully provide relevant information and evidence。When investigating infringing goods, the customs may make recommendations to the competent intellectual property authority。The smart property owner reaches an agreement with the wholesaler, submits a written application to the Customs for the infringing goods seized by the customs, and attaches an agreement requiring the Customs to revoke the seizure of the infringing goods, and the Customs may terminate the investigation, except for suspected crimes。Release the impounded infringing goods。
(3) The detained goods suspected of infringement shall be investigated by the Customs, and if it is not possible to determine whether the goods infringe the relevant intellectual property rights, the informed and the consignee shall be notified in writing within 30 working days after the detention。In the event that it is not certain whether the goods infringe the relevant patent rights, the consignee may request the Customs to release the goods if the Customs guarantees that the value of the goods is equivalent to that of the goods。If the customs agent agrees to release the goods, the customs shall release the goods and notify the intellectual property owner in writing。Where a lawsuit is brought against a patent infringement dispute, the intellectual property owner shall, within 30 working days from the date of delivery of the written notice by the Customs, submit to the Customs a notice of acceptance of the case to the people's Court。
(4) If the customs cannot determine whether the goods infringe intellectual property rights, the intellectual property owner may apply to the people's court to stop the infringement or take measures after providing the corresponding guarantee to the Customs in accordance with the provisions。If, within 50 working days from the date of the seizure of the suspected infringing goods, it receives a written notice from the people's court to detain the relevant goods, it shall provide assistance;If no notice of detention for assistance from the people's court is received or the intellectual property owner requests the Customs to release the relevant goods, the Customs shall release the goods。Seizure of infringing articles。
(5) Confiscate the infringing goods and notify the intellectual property owner of the suspected infringing goods detained。Where the Customs finds an infringement of intellectual property rights through investigation, it shall notify in writing the following goods which infringe intellectual property rights。
(1) violation of the name and quantity of the goods;
(2) the name of the recipient;
(3) the declaration of the infringing goods, the date of import and export, the date of customs detention and the effective date of the penalty decision;
(4) the place of origin and the point of transport of the infringing goods;
(5) Other information relating to the infringing goods that the Customs can provide。If the Customs finds that the import or export goods or the entry or exit goods infringe intellectual property rights, they shall be confiscated by the Customs in accordance with the relevant provisions, but the parties concerned cannot find out, they shall collect from the Customs within three months from the date of the relevant announcement by the Customs。
(6) After the infringing goods have been confiscated, the Customs shall confiscate the infringing goods in accordance with the following provisions:
(1) If the commodity concerned can be directly used for social public welfare undertakings or the intellectual property owner intends to acquire, the commodity shall be transferred to the relevant public welfare institution for social public welfare undertakings or the intellectual property owner。
(2) The relevant goods shall not be transferred to the relevant public welfare institutions for social public welfare undertakings and intellectual property owners, the infringement characteristics can be eliminated, and the infringement characteristics can be eliminated after the auction in accordance with the law, but the import of counterfeit trademark goods, only the commodity trademark shall be removed, and shall not enter the commercial channels。The proceeds of the auction will be returned to the Treasury。