Regulation on Inspection, supervision of exported or imported goods that are subjects of intellectual property rights

Legal basis:

  • Circular no.13/2015/TT-BTC
  • Decision No. 2770 / QD-BTC
  • Notification no.4769/TB-TCHQ

Application

Holders of intellectual property rights or authorized person shall submit an application to the General Department of Customs (Customs Management Supervision Department), including:

1. A written form of inspection and supervision of exported and imported goods that are subjects of intellectual property rights in the form No.01-SHTT enclosed with this Circular: 01 original;

2. A Diploma of protection of industrial property rights or other documents of industrial property rights which are protected in Vietnam or Certificate of transfer contract registration of right to enjoyment of industrial property objects; Certificate of registration of copyright and rights related to copyright, plant variety rights or other documents of copyrights and rights related to copyrights, plant variety rights: 01 copy signed, stamped and certified by the holders of intellectual property rights or authorized person;

3. A detailed description of goods infringing intellectual property rights, photos, characteristics to distinguish genuine goods with goods infringing intellectual property rights: 01 original;

4. A list of legal exporters and importers goods required supervision; a list of people who may export and import of goods infringing intellectual property rights: 01 original.

Reception, inspection and actions against application

1. After receiving a full application as prescribed, the customs authorities shall check the application in accordance with the following contents:

a) The legal status of the applicant in accordance with the law;

b) The match between the content of the application and the enclosed documents; the validity of the diplomas of protection of intellectual property rights;

c) Specimens, exhibits (or snapshot) in accordance with the content of intellectual property rights required for protection or denunciation content of violations;

d) The authorized content in accordance with the competence of the customs authorities and the applicant (in case of authorized application).

2. Applications shall be rejected in the following cases:

a) The application is not submitted to the proper competent agencies;

b) The customs authority has basis to assert that the applicant does not have enough legal status under the provisions of law;

c) The applicant does not provide all the documents prescribed in Clause 2, Article 74 of the Law on Customs;

d) When handling of the application, the customs authorities receive the documents of the State management agencies on intellectual property notifying of dispute or complaint about the holders, protection ability, and scope of protection of intellectual property rights.

3. If the application is accepted, the process shall be as follows:

a) After receiving the request for customs supervision and inspection for exported and imported goods that are subject of intellectual property rights, the General Department of Customs ( Customs Management Supervision Department) shall update the database system of protection of intellectual property rights and send an acceptance notice of the application to the Customs Departments of the provinces, cities; the Smuggling Investigation and Prevention Department to commence the inspection and supervision.

b) Customs Departments of provinces and cities, the Smuggling Investigation and Prevention Department shall receive the notice of the General Department of Customs (Customs Management Supervision Department) and look up data on the system to commence the implementation within their administrative division;

c) Sub-department of Customs shall base on the database and the notice of the General Department of Customs (Customs Management Supervision Department) to commence measures of customs supervision and inspection for exported and imported goods which have signs of infringing intellectual property rights as stipulated in Article 14 of this Circular.

4. Within 20 days after the date of receipt of satisfactory application under the provisions of paragraph 1 of Article 6 of this Circular, the General Department of Customs ( Customs Management Supervision Department) shall inspect and notify in writing to the applicant about accepting the application or not .

Invalidation of application

The General Department of Customs (Customs Management Supervision Department) shall have notice of termination invalidation of application for inspection and supervision of exported and imported goods that are subject of intellectual property rights in the following cases:

1. The applicant has a written request for permission to terminate the inspection and supervision of the customs authorities for goods required for protection;

2. The applicant does not have a written request for permission for extension upon the expiry of validity of the application for inspection and supervision;

3. State management agencies of intellectual property have a notice of cancellation of degree of protection of intellectual property rights granted to the applicant.

Fees for customs inspection and supervision of exported and imported goods subject to intellectual property protection

1. Fee payers:

Holders of intellectual property rights or persons authorized by holders of intellectual property rights to lodge the application form for customs inspection and supervision of exported and imported goods subject to intellectual property protection requirements.

2. Fee payment time:

– Customs inspection and supervision fees shall be paid into the state treasury’s account held by the customs authority before submission of the application form for customs inspection and supervision as provided in Article 6 of the Circular No. 13/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance.

– Payment of customs inspection and supervision fees shall commence from the date of issue of this notification.

3. Schedule of rates of fees:

A customs inspection and supervision fee based on the schedule of rates of customs fees and charges for goods and means of transport in transit which is annexed to the Circular No. 274/2016/TT-BTC dated November 14, 2016 of the Ministry of Finance shall be VND 200,000 per an application.

Customs inspection and supervision fees which have already been paid shall not be reimbursed in the event of refusal of the application for customs inspection and supervision as provided by regulations in force.

4. Fee collection venue:

Holders of intellectual property rights or persons authorized by holders of intellectual property rights to lodge the application for customs inspection and supervision for the purpose of detecting any sign of infringement on intellectual property rights shall pay fees into the following account:

Customs Subdepartment of North Hanoi – Customs Department of Hanoi

State budget affiliation number: 2995093

Customs fee and charge deposit account: 3511

Thanh Xuan state treasury branch – Code 0022

5. Note:

Upon submission of the application for customs inspection and supervision, the applicant shall be required to submit fee payment evidence (duplicate) with the applicant’s attestation.

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