Exclusive-Patent-Data-Analysis-Behind-China-Custom-Record-for-Protection-of-Intellectual-Property-Rights

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Exclusive-Patent-Data-Analysis-Behind-China-Custom-Record-for-Protection-of-Intellectual-Property-Rights

Exclusive: Patent Data Analysis Behind

China Custom Record for Protection of

Intellectual Property Rights

Data Source:incoPat Technical and Innovative Intelligence Platform


Preface

‣ With the development of Chinese

Intelligent Manufacturing, more and more

products carrying Chinese creative gene

start to get onto the international trade

stage, and disputes over Intellectual

Property Rights (IPR) happen

more frequently. It is increasingly urgent to

protect IPR especially for the corporates

with vast cross-border businesses.

Custom Record of IPR can be a high

efficient assistant means besides selfprotection

and legal proceeding.

‣ incoPat exclusively provides Custom

Record information on patents. With big

data analysis, you can get a clear picture

of who is doing the filing initiatively and

patents of what technologies are filed

more actively.


Custom Record

Custom Record is a legal system of which the IPR

holder may notify the General Administration of

Customs in writing about the legal status of his

intellectual property, the situation of relevant

goods, the legal use of IPR and the import and

export condition of infringing goods, so as to let

the customs take the initiative to implement the

protection for relative Intellectual Property Rights.

The Customs Protection of IPR can be divided

into two patterns of law enforcement: active

protection and passive protection. The

record filing for Custom Protection of IPR is the

precondition for customs to take active

protective measures. Only when the IPR have

been filed in General Administration of Customs,

the customs shall take the initiative to discover

the suspect infringing goods of import and

export and notify the IPR holder of such

condition.


Validity Period of Customs Record

Effective as of the date on which the General Administration

of Customs grants record, valid for 10 years.

Where the Intellectual Property Rights are valid,

the owner of the Intellectual Property Rights may,

within six months prior to the expiration of the term

of validity of the filed record for customs protection

of Intellectual Property Rights, apply to the General

Administration of Customs for an extension of the

filed record. The term of validity of each extension

of a filed record shall be 10 years.

Where no application for extension has been made

upon the expiration of the term of validity of a filed

record for customs protection of Intellectual

Property Rights, or the Intellectual Property Rights

are no longer protected by laws or administrative

regulations, the filed record for customs protection

of Intellectual Property Rights shall immediately

become void.

Where there is a change in the details of a filed

record of intellectual property rights, the owner of

the intellectual property rights shall, within 30

working days of the date on which the change

occurs, carry out the amendment or cancellation

procedures with the General Administration of

Customs.


Why Do Custom

Record Filing

• A Precondition for custom to take protective

action

According to the regulations, without application to customs for

adoption of protective measures of IPR in advance, IPR holders

have no rights to request customs to impound goods even

noticing the goods suspected of infringing upon rights entering

into or exiting from China.

• Enable customs to discover goods suspected

of Infringing upon IPR

Although according to the regulations, IPR holders need to

request for protective measures of customs while noticing

infringing goods after record filing. The discovery for infringing

goods mainly depends on the examination of the customs. While

filing the IPR to customs, it requires information like the legal

status, holder‘s contact, the legitimate use of IPR and related

pictures. All these could enable customs to discover and suspend

goods of suspected of infringement during routine supervision.

Therefore, record filing for IPR in advance can be an effective

means to protect the legitimate interest of the IPR holders.

• To prevent from possible infringement in the

future

Where impounded goods suspected of infringing upon rights are

confirmed as having infringed upon IPR after investigation by

customs, customs shall confiscate the good and the enterprise

shall be subjected to administrative penalty according to law.

Therefore, custom record filing can be a warning for enterprises

importing and exporting of goods without scruple and urge the

enterprises to pay respect for IPR consciously.


How to get access to information

on Custom Record of CN Patents?

Search Related Patents

A deep integration of legal information is an unique point for

incoPat. incoPat collects patent litigation data of several

countries, assignment data of CN/US, patent licensing, pledging,

reexamination-invalidation, oral hearing for reexaminationinvalidation

data and also the Custom Record data of

China.

Search patents with custom record of China

Using search strategy directly is also supported:

Use the command“customs-flag=1”


Applicant Type

Among Chinese patent applicants applying for

Custom Record, enterprises account for

64.03% and individuals account for 35.37%.

Research institutions and colleges, however,

take only a minor part, among which, most of

the colleges make joint application together

with enterprises.

Data Source:incoPat Technical and Innovative Intelligence Platform


Applicant Ranking

Data Source:incoPat Technical and Innovative Intelligence Platform

Analyzing the Chinese applicant filed with custom

record, you will notice that TOP 10 applicants are

all enterprises. Huawei Technologies ranks the top,

followed by Zhejiang Topsun Logistics Control Co.,

Fengqun Handi Crafts Co., Ltd, Ltd (Huizhou) and

Yulong Computer Communication

Science&Technology(Shenzhen) CO.M Ltd.


Applicant Country

Data Source:incoPat Technical and Innovative Intelligence Platform

Analyzing the nationality of

applicants filing for patents

Custom Record in China , you

may find Chinese applicants

account for 86%,followed by

America 3.3%, Germany2.1% and

Japan with 1.9%.


Current Legal Status

According legal status, for

Chinese patents filed for

Custom Record, 77.82%

of the total are

valid patents.

Data Source:incoPat Technical and Innovative Intelligence Platform


250

Technology Construction

In terms of technology construction, IPR

custom records in lighting area take the

largest share, including F21V FUNCTIONAL

FEATURES OR DETAILS OF LIGHTING DEVICES OR

SYSTEM and F21Y RELATING TO THE FORM OF THE

LIGHT SOURCES.

200

150

100

50

0

F21V A61K F21Y A61P B65D H01R B32B A47J A63H C08K

Data Source:incoPat Technical and Innovative Intelligence Platform


Technology Construction

F21V

A61K

F21Y

A61P

B65D

H01R

B32B

FUNCTIONAL FEATURES OR DETAILS OF LIGHTING DEVICES OR SYSTEMS

THEREOF; STRUCTURAL COMBINATIONS OF LIGHTING DEVICES WITH OTHER

ARTICLES, NOT OTHERWISE PROVIDED FOR [1,7]

PREPARATIONS FOR MEDICAL, DENTAL, OR TOILET PURPOSES (devices or

methods specially adapted for bringing pharmaceutical products into particular

physical or administering forms A61J 3/00; chemical aspects of, or use of materials

for deodorisation of air, for disinfection or sterilisation, or for bandages, dressings,

absorbent pads or surgical articles A61L; soap compositions C11D)

INDEXING SCHEME ASSOCIATED WITH SUBCLASSES F21L, F21S AND F21V,

RELATING TO THE FORM OF THE LIGHT SOURCES [7]

SPECIFIC THERAPEUTIC ACTIVITY OF CHEMICAL COMPOUNDS OR MEDICINAL

PREPARATIONS [7]

CONTAINERS FOR STORAGE OR TRANSPORT OF ARTICLES OR MATERIALS, E.G.

BAGS, BARRELS, BOTTLES, BOXES, CANS, CARTONS, CRATES, DRUMS, JARS,

TANKS, HOPPERS, FORWARDING CONTAINERS; ACCESSORIES, CLOSURES, OR

FITTINGS THEREFOR; PACKAGING ELEMENTS; PACKAGES

ELECTRICALLY-CONDUCTIVE CONNECTIONS; STRUCTURAL ASSOCIATIONS OF A

PLURALITY OF MUTUALLY-INSULATED ELECTRICAL CONNECTING ELEMENTS;

COUPLING DEVICES; CURRENT COLLECTORS (switches, fuses H01H; coupling

devices of the waveguide type H01P 5/00; switching arrangements for the supply or

distribution of electric power H02B; installations of electric cables or lines, or of

combined optical and electric cables or lines, or of auxiliary apparatus H02G; printed

means for providing electric connections to or between printed circuits H05K)

LAYERED PRODUCTS, I.E. PRODUCTS BUILT-UP OF STRATA OF FLAT OR NON-

FLAT, E.G. CELLULAR OR HONEYCOMB, FORM

A47J

A63H

C08K

KITCHEN EQUIPMENT; COFFEE MILLS; SPICE MILLS; APPARATUS FOR MAKING

BEVERAGES [6]

TOYS, E.G. TOPS, DOLLS, HOOPS, BUILDING BLOCKS

USE OF INORGANIC OR NON-MACROMOLECULAR ORGANIC SUBSTANCES AS

COMPOUNDING INGREDIENTS (paints, inks, varnishes, dyes, polishes, adhesives

C09) [2]


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Contents Planning :Joyce

Content Production :Cathy

Art Editor :Cristina

Translator: June, Evans

Copyright:Beijing IncoPat Co.,Ltd j

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