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Li Qunying IPR Division, General Administration of Customs Building Anti-Counterfeiting Capacity and Capabilities --- China Customs Practice.

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Presentation on theme: "Li Qunying IPR Division, General Administration of Customs Building Anti-Counterfeiting Capacity and Capabilities --- China Customs Practice."— Presentation transcript:

1 Li Qunying IPR Division, General Administration of Customs Building Anti-Counterfeiting Capacity and Capabilities --- China Customs Practice

2 The Customs capacity and capability in anti- counterfeits can be reflected by : - Increased seizures of counterfeits - Creating substantial prevention against future violations

3 How to increase Customs seizures of counterfeits at border?

4 physical Examination Customs traditional tool to detect counterfeits --- physical Examination

5 How to increase seizures? Chinas total volume of foreign trade increased to USD 2,562 billions in 2008 China Customs inspected - 49 millions shipments of cargo - 75 millions containers millions travelers luggage millions postal parcels millions express consignments China Customs inspected - 49 millions shipments of cargo - 75 millions containers millions travelers luggage millions postal parcels millions express consignments 3% Physical examination

6 Expanding application of Risk Analysis techniques Random CheckSmart Control

7 Solution: Risk Analysis Collecting information Analyzing risks and fixing targets Operating physical examination Result assessement

8 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

9 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;

10 Physical examination

11 3,000,000 counterfeiting medicine were discovered

12 Viagra LEVITRA Panadol

13 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

14 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

15 How to create substantial prevention against future violations ?

16 Customs seizure Customs Penalty Criminal Penalty Civil Penalty Administrative Penalty

17 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

18 March 24,2006 Public 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 transferring case to police for criminal punishment Co-organizing actions against serious violations Jointly operating international cooperation

19 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

20 Thank you for your attention


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