More Than 8900 Pairs Of Shoes Should Be Taken Away From Enterprises To Do Foreign Trade Business.

In October 15th, the 102nd China Import and Export Fair opened.

The Guangzhou customs has set up online consultation services on the website of the exhibition, and has sent Chinese and English brochures such as customs protection of intellectual property rights and customs clearance guide to exhibitors.

According to the requirements of customers, more than 8900 pairs of shoes of a famous trademark in Europe have been hit. After more than 20 days of rough shipping to Belgian port, they can not enter the country because of intellectual property rights problems.

The shoes were returned to Ningbo, Zhejiang, the first port of departure.

"Foreign trade enterprises suffered a about four hundred thousand yuan economic loss because they did not understand the relevant intellectual property rules in advance and blindly produced orders."

Yin Hao, a customs officer in Ningbo, seemed very sorry when he told reporters about it today.

"At present, intellectual property is becoming a new test facing foreign trade enterprises after anti-dumping, countervailing and technical barriers."

Cai Jianmin, a domestic intellectual property expert, warned of this.

Three types of enterprises are wary of intellectual property infringement. According to a survey conducted by the Ministry of Commerce, about 70% of foreign trade enterprises in China encounter restrictions on technical barriers to trade abroad. Most of these barriers are related to intellectual property rights.

"Intellectual property rights have become the three major focus of Sino US trade with the issue of export surplus and RMB value. Intellectual property rights are among the top issues."

Cai Jianmin said.

In addition, in recent years, some large multinational corporations in foreign countries have been able to initiate intellectual property litigation on Chinese enterprises.

Cai Jianmin made a specific analysis to reporters: the intellectual property litigation initiated by international large multinational companies against Chinese enterprises mainly preferred the following three conditions, that is, enterprise products have a certain share in domestic and foreign markets, enterprises lack core technology and patent technology, and enterprises have big moves to enter the international market.

Foreign trade enterprises should not blindly produce orders. "Besides the shortsightedness of some enterprises and the reasons for their quick success and instant benefits, many enterprises are accused of infringement under unconsciousness or in a passive situation."

Yu Zegang, who is responsible for intellectual property rights in Ningbo Customs Law Office, told reporters.

If the Ningbo Customs recently seized a number of OEM PHILIPS camera bags worth more than 90000 US dollars, the customs inspection found that the expiration date of its product authorization is December 30, 2006, which has expired for half a year, and the company has not renewed the authorization contract with the owner.

Considering the protection of intellectual property rights, the goods were finally closed by Ningbo customs.

Many of the infringement enterprises are mostly because they are not qualified to use these "brands, trademarks" or patents without checking the buyers. They blindly take orders without knowing the situation and become the infringers foolishly.

The more than 8900 pairs of shoes that were referred back to Ningbo mentioned earlier were precisely due to the fact that the manufacturers did not make detailed checks on the customers' orders when they received the order, and the shoes were produced.

In this regard, the customs reminds enterprises that when accepting foreign trade orders, they must check the legality of relevant trademark registration certificates and authorization documents, so as to avoid infringing on other people's intellectual property rights, so as to avoid unnecessary losses and bring negative effects to the reputation of enterprises.

In the recent years, foreign trade enterprises often win overseas orders by participating in various exhibitions to export commodities to the international market.

It is noteworthy that various well-known exhibitions at home and abroad are becoming an important place for European and American companies to maintain intellectual property rights.

Ningbo customs found that some "infringement" orders were made by foreign trade enterprises at the exhibition.

Therefore, foreign trade enterprises should pay more attention when placing orders on the fairs.

In addition, when exhibitors find that their intellectual property rights such as patents, trademarks and copyrights are infringed upon by others, they should first complain to the Organizing Committee of the exhibition, and do further investigation work, including taking photos at the scene, buying infringing products through various means, and retaining and obtaining relevant evidence. After receiving complaints, the organizing committee will suspend their products after investigation has been confirmed.

However, the owners of intellectual property rights need to be resolved through administrative or judicial means.

When the products of the exhibitors are subjected to accusations, complaints or framed infringements, exhibitors should deal with them calmly and respond positively.

Enterprises should provide evidence and relevant documents to prove that their products are not infringed.

All kinds of documents, customs declarations and even invoices may become proof documents.

Once failed in litigation, enterprises can continue to obtain the qualification of production and operation of related products by applying for patent pfer to patentee.

Enterprises need to formulate long-term intellectual property strategy. "The best way for Chinese enterprises to avoid intellectual property litigation abroad is to establish and improve the global intellectual property strategy."

Yu Zegang said.

First, foreign trade enterprises should vigorously develop and own independent intellectual property rights, not only to develop their own intellectual property rights in China, but also to register and protect their intellectual property rights in the world, such as registration in the major markets such as the United States, Japan and the European Union, so that competitors can not take advantage of them. Secondly, foreign trade enterprises exporting by OEM and other methods should require the entrustment to provide intellectual property rights certification documents, and clearly stipulate in the contract that if the exemption clause of intellectual property rights is established, if the losses caused by claims and penalties are infringed upon due to infringement of intellectual property rights, the client shall bear full responsibility. Once again, Chinese enterprises can entrust relevant institutions to conduct necessary intellectual property investigation when conducting export business, so as to prevent unintentionally infringing on the intellectual property rights of others.

If there is a possibility of infringement, the product and process can be modified in time to avoid infringement accusation.