New Measures Taken by China Customs in IPR Protection
On May 30 and May 31, 2006, China's General Administration of Customs
(GAC) promulgated its announcements No. 31 and No. 32 respectively,
prescribing relevant provisions on the issues of general guarantee in customs
protection and customs recordal applied by The Beijing Organizing Committee
for the Games of the XXIX Olympiad (BOCOG) for the slogan and the mascot of
2008 Olympic Games.
The Announcement No. 31 aims to facilitate the intellectual property right (IPR)
holders to apply IPR protection to the customs by setting relevant provisions on
the issue of general guarantee in customs protection. This announcement will be
effective as of July 1, 2006. According to Article 14 of the Regulations of the
People's Republic of China on customs Protection of Intellectual Property Rights
and Article 22 of the Measures of the General Administration of customs of the
People's Republic of China for the Implementation of the Regulation of the
People's Republic of China on the customs Protection of Intellectual Property
Rights, by law the IPR holders may provide general guarantee to the customs.
This announcement provides regulations on the application, the amount, the
period of validity and joint liability of the general guarantee.
As BOCOG's recent applications of the recordal for the slogan and the mascot of
the XXIX Olympiad have been granted, the Announcement No. 32 indicates that
according to the Regulations on the Protection of Olympic Symbols, the customs
is entitled to investigate the import and export goods which do not obtain the
consent of the right owners and therefore infringe the exclusive right of the above
mentioned Olympic symbols.
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