BORDER MEASURES
“Some big companies that oſten use border measures and have smooth communications with customs may say the customs’ actions are fast and effective; however, some companies may complain that customs are slow in replying, investigating, and making decisions.”
He adds: “Practically, it is always advisable to timely reply to customs’ notification of temporary seizure of the suspected goods, otherwise customs may have a negative impression on the brand owners’ willingness to protect their IP rights and thus may negatively affect next time’s action as well. If possible, brand owners can also send an expert to the customs to help to appraise the suspected goods.”
“THE BRAND OWNER SHOULD BUILD A DIRECT CHANNEL THROUGH THEIR REPRESENTATIVE IN CHINA AND HAVE SPECIAL PERSONNEL FOR AUTHENTICATION.”
(attorney or IP owner's own personnel), sharing information on recent issues and acting promptly. However, the customs are not satisfied with some foreign brand owners due to their failure to respond within the prescribed period.”
She adds: “To improve this, the brand owner should build a direct channel through their representative in China and have special personnel for authentication.”
Failing to respond to customs notifications is a problem. Zheng says: “To our knowledge, some brand owners have good relationship with customs, communicating smoothly and conveniently through a representative
Fu concludes: “Brand owners are the petitioners while China customs are the enforcement authorities. In seizing counterfeit products, they should closely connect and cooperate well with each other.” n
www.worldipreview.com
World Intellectual Property Review May/June 2012
25
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