This year, along with the improved export situation, foreign trade economy began around. However, Zhejiang Ningbo customs staff recently found that many foreign trade companies when receiving orders blindly, not carefully compared to differentiate customer demand compliance with national laws and regulations, some enterprises because it was not informed of the relevant export policy, eat a lot.
Case one should an import and export co., Ltd. Ningbo foreign customer requirements, from a teaching instrument company purchasing the 7200 only save money, ready to export to the Netherlands. Customs inspection and found, that save for the tube looks like a globe, a world map drawn above, must provide the map graphic audit of ratification.
"We only purchase in accordance with customer requirements, save for the cylinder supplier at the time of export does not tell us the time you want to export to provide relevant evidence that the same as regular cargo declared on it." The import and export Corporation leaders told reporters: "then we contact suppliers, they know they have the approval of the audit map graphics. "Although the final goods, but because the normal export without prior proof of appropriate, that save for the barrel in the investigation period was withholding in customs bonded warehouse, delayed for two flights, lost a lot of enterprises. If the company was unable to provide proof that the goods will not be able to export, enterprises also will face significant fines.
Case two recently, in connection with the appearance of a tort, Zhejiang machinery manufacturing company was forced to 3 000 USD security deposit of high price, in exchange for a motorcycle aluminium wheels 3180 allowed exit "clearance token". It is understood that the enterprise did not advance to this group of order for the necessary knowledge, never ever product appearance there is infringement of the possible, because this group of exporters India's aluminum wheel contract time, desperation, can only choose to apply for payment of the Customs and cargo equivalent deposit advance release of the goods, if the subsequent court decision that cargo infringement, then the enterprises will face higher liability, this sum of 3 million dollar deposit will also be used to pay for it.
In recent years, there has been infringement of design patent cases has gradually increased, mainly due to a design may be a simple configuration mimic, domestic small made easier for production enterprises, not like a utility model and patent of invention requires certain level of technical content.
From Ningbo customs data show that in the first half of this year, the Customs seized violations of design patent cases 16 onwards, all infringement cases involving 4.38% first three digits of the product are planing feet knife, accounting for 28%, glass cleaning, accounting for 16%, ball pen, accounted for 13%, emergency light, water, swim, outdoor light goods.
Case three recently, Ningbo, Zhejiang, China on Customs on a batch of a company exports to Nigeria from inspection of the speaker found the package tray suddenly printed "pionear" but public well-known "pioneer (pioneer)" is Japan's famous audio-visual entertainment equipment brand. "Pionear" and "pioneer" two words so similar, raises awareness of Customs officers to withhold these speakers. After contacting the right person, and the customs investigation finds that the number of "approximate pionear" speakers constitute infringement.
And shippers represents the next order, their start also thought it was a pioneer trademarks, they didn't dare to orders, the customer indicates that letters are different, that is not exactly the same trademark, there would be no problem, never ever have similar assertion that the infringement. Ultimately, this batch of 100 box about 4000 only speakers were detained, the owner must assume liability for infringement, as to the pioneer of the right holder damages "pay".
The first half of this year, Ningbo customs handled approximately 15 cases, accounting for 4% of cases, in which the infringement "NIKE", "PHILIPS" and "BOSCH" in the top three, three, two, two. In accordance with the provisions of the trademark law, People's Republic of China without the permission of the trademark registrant, in the same goods or similar goods, the use of its registered trademarks identical with or similar to trademarks, both registered trademark infringement.
Case four Guangzhou company commissioned Ningbo a declaration enterprise to a customs declaration for export a batch of flashlight, declare the amount of us $ 20468. The "Tiger's head," the right person to Guangzhou flashlight industrial company to report that the torch's head with the "Tiger" graphics, violations of the company's trademark rights. Ningbo customs inspection and found it really like to report said. "At that time, received orders, see the ' tiger's head ' drawings, but not the words of the Tiger's head, thought the words with no graphics and the individual appears, who know this also stepped on a mine, ' in '. "Owner of remorse," even if the goods are confiscated, my greatest worry because this case, the enterprise's credit rating fall, after customs clearance time will not be able to enjoy the original level of preferential customs measures ".
It is understood that the first half of this year, Ningbo customs handled various graphic trademark infringement cases, 19 percent of the total number of infringement cases of 5.2%. Which violate the "three ring graphics" trademark cases 5, violations of the "NIKE hook graphics" trademark cases 4 onwards, violations of the "crocodile graphics" trademark cases two, and three violations of the "adidas" and "graphic slashes PUMA PUMA graphic trade mark".
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