Li QunyingIPR Division, General Administration of Customs
Building Anti-Counterfeiting Capacity and Capabilities
--- China Customs’ Practice
The Customs’ capacity and capability in anti-counterfeits can be reflected by :
- Increased seizures of counterfeits
- Creating substantial prevention against future violations
How to increase Customs seizures of counterfeits at
border?
Customs traditional tool to detect counterfeits --- physical Examination physical Examination
How to increase How to increase seizures?seizures?
China’s total volume of foreign trade increased to USD 2,562 billions in 2008
China’s total volume of foreign trade increased to USD 2,562 billions in 2008
China Customs inspected
- 49 millions shipments of cargo - 75 millions containers- 354 millions travelers’ luggage- 126 millions postal parcels- 106 millions express consignments
China Customs inspected
- 49 millions shipments of cargo - 75 millions containers- 354 millions travelers’ luggage- 126 millions postal parcels- 106 millions express consignments
3% Physical
examination
Expanding application of Risk Analysis techniques
Random Check Smart Control
Solution: Risk Analysis
• In January 3, 2009, a company registered in Jie Yang of Guangdong Province declared to export “1026 computer cabinets” to Shenzhen Customs.
• The goods were transported in a 20-feet container, with the destination of Egypt.
A Successful Risk Analysis Application
Shenzhen
Egypt
The Customs found it suspicious:
(1)Computer cabinets are rarely transported in 20-feet containers.
(2)High risky destination;
(3) The exporter came from the area where production of fake medicine was frequently discovered;
(4) The Customs broker had records of IPR violation;
The Customs found it suspicious:
(1)Computer cabinets are rarely transported in 20-feet containers.
(2)High risky destination;
(3) The exporter came from the area where production of fake medicine was frequently discovered;
(4) The Customs broker had records of IPR violation;
Physical examination Physical examination
3,000,000 counterfeiting 3,000,000 counterfeiting medicine were discoveredmedicine were discovered
Viagra
LEVITRA Panadol
China Customs’ Seizures in 2008
• China Customs detained 11,135 shipments of IPR violation, seizing 645,182,937 pieces of infringing commodities.
• 99% of the infringing commodities were seized by Customs in their ex-officio actions.
Application of risk analysis greatly increased Customs seizures
How to secure risk analysis success
• Establishment of a national Customs database of IPR violations • Strengthening cooperation with Private Sector• Seeking information from other administrations• Developing international Customs cooperation
Information--- basic condition for operating risk analysis
How to create substantial prevention against future
violations ?
• Adequate Customs penalty• Immediately notifying Customs seizures to police AIC and commerce administration• Sufficiently transparent to IPR owners
Customs’ efforts in creating substantial prevention against counterfeiting
March 24,2006Public Security Ministry and General Administration of Customs released
The Provisional Rules on Cooperation on Intellectual Property Rights Enforcement
Customs’ in-time notifying border seizures to police
Customs’ in-time notifying border seizures to police
Customs’ transferring case to police for criminal
punishment
Customs’ transferring case to police for criminal
punishment
Co-organizing actions against serious
violations
Co-organizing actions against serious
violations
Jointly operating international cooperation
Jointly operating international cooperation
July 13, 2007, 3 Korean citizens, via a forwarding agency registered in Shenzhen, declared to export a shipment of “cotton coat” to USA via Republic of Korea from Qingdao. The goods were discovered as 340,000 counterfeited medicine. The Customs immediately notified local police and the violators were arrested and condemed.
A Successful Customs-Police Cooperation
Thank you for your attention
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