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Building Anti-Counterfeiting Capacity and Capabilities --- China Customs’ Practice

Building Anti-Counterfeiting Capacity and Capabilities --- China Customs’ Practice. Li Qunying IPR Division, General Administration of Customs. The Customs’ capacity and capability in anti-counterfeits can be reflected by : - Increased seizures of counterfeits

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Building Anti-Counterfeiting Capacity and Capabilities --- China Customs’ Practice

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

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

  5. China’s total volume of foreign trade increased to USD 2,562 billions in 2008 • China Customs inspected • 49 millions shipments of cargo - 75 millions containers- 354 millions travelers’ luggage- 126 millions postal parcels- 106 millions express consignments 3% Physical examination How to increase seizures?

  6. Expanding application of Risk Analysis techniques Random Check Smart Control

  7. Solution: Risk Analysis

  8. A Successful Risk Analysis Application • 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. Shenzhen Egypt

  9. The Customs found it suspicious: • Computer cabinets are rarely transported in 20-feet containers. • 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 Panadol LEVITRA

  13. China Customs’ Seizures in 2008 Application of risk analysis greatly increased Customs seizures • 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.

  14. How to secure risk analysis success Information--- basic condition for operating risk analysis • Establishment of a national Customs database of IPR violations • Strengthening cooperation with Private Sector • Seeking information from other administrations • Developing international Customs cooperation

  15. How to create substantial prevention against future violations ?

  16. Customs’ efforts in creating substantial prevention against counterfeiting • Adequate Customs penalty • Immediately notifying Customs seizures to police AIC and commerce administration • Sufficiently transparent to IPR owners

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

  18. A Successful Customs-Police 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.

  19. Thank you for your attention

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