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

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

How to increase Customs seizures of counterfeits at border?

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

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

Expanding application of Risk Analysis techniques Random CheckSmart Control

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

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

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;

Physical examination

3,000,000 counterfeiting medicine were discovered

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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

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

How to create substantial prevention against future violations ?

Customs seizure Customs Penalty Criminal Penalty Civil Penalty Administrative Penalty

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

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

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

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