The Customs Administration states that for the sake of intergrading with international standard, providing expedient measures, and enhancing clearance facilitation, when it finds suspected infringing goods of a registered trademark or copyright, it could provide electronic image files to the proprietor while informing, so as to help the proprietor to determine whether to identify the goods on-site or not. Nevertheless, if the proprietor deems the goods are suspected to have infringed on his/her right, he/she should make the identification on-site in time.
Prior to July 2015, the Customs used to inform the proprietor to identify the suspected infringing goods by phone or fax, meanwhile, the proprietor only realized the fact that his/her right might be infringed without receiving the detailed information.
Nowadays, if the proprietor needs the images of suspected infringing goods, he/she could request the Customs to provide the photo files. A statement “The provided photos are only used to help the proprietor to determine whether to identify the goods on-site or not, shall not be the basis of infringement or non-infringement, or evidence used in litigation.” would attached in the e-mail replied by the Customs as a reminder.
This new measure adopted by the Customs of providing related photo files while informing the proprietor to make identification, helps the proprietor to defend his/her right promptly, expedites the importer/exportor clearance, which leads to the accomplishment of the goal of intellectual property protection and clearance facilitation.