In the tide of globalization, intellectual property is a key element to staying competitive. How can brands protect their rights in international markets and avoid tidal waves of infringement? Utilizing customs to protect your IP is an essential step, and its importance cannot be overstated. This article explores the significance of customs protection from a brand owner's perspective, outlining the routes, processes, and requirements for customs protection across various countries.

The Important Role of Customs

Customs is a powerful ship in the often harsh seas of international business. Each customs office plays its part in the prevention of infringement and maintenance of market order by effectively preventing low-priced dumping and unfair competition by detaining infringing goods and protecting the legitimate rights of brand owners.

Strong customs protection can prevent damage to the international reputation of exported goods, while also boosting foreign investment confidence in the domestic market, thereby providing a lifeline for brand owners expanding internationally.

Overview of Customs Protection Routes, Processes, and Requirements in China, the US, and the EU

China – Dual-Track Protection, Efficient Infringement Control

China’s General Administration of Customs (GACC) offers both passive and active protection options. In passive protection, rights holders can record their IP rights with the customs office to give customs officers the information they need to unilaterally spot and detain any goods suspected of infringement. Rights holders can also utilize a more active option of protection where, after recording their rights with customs, they can file a detailed complaint with customs along with evidence  of infringement to request it to take action on specific and known shipments entering a port in China. This can be applied to infringing goods being both imported and exported to/from China.

United States: Strict Enforcement and Emphasis on Rights Holder Cooperation

The U.S. Customs and Border Protection (CBP) collaborates closely with rights holders through its Intellectual Property Rights e-Recordation Program (IPRP), enabling rapid response to infringement reports and strict enforcement measures. For example, where a rights holder reports suspected infringement to the CBP, officers can intercept shipments of counterfeit products, effectively preventing these infringing goods from entering the U.S. market and protecting the legitimate rights of a brand owner.

European Union: Unified Standards and Cross-Border Cooperation

The EU has established a unified intellectual property customs protection framework through the EU Customs Regulation, emphasizing cross-border collaboration among member states to combat transnational infringement activities. By engaging in cross-border cooperation, EU customs can dismantle transnational counterfeit operations and can offer effective intellectual property customs protection.

Key Steps for Brand Owners to Utilize Customs Protection

As always, when beginning the voyage of international success and proper IP protection, brand owners must be proactive in filing their intellectual property rights and recording such rights as needed with customs authorities to unlock the protection they can offer.

Enhancing your position with regular monitoring and timely detection can further your goals and luckily in this modern world there are intelligent tools like the Kangxin IP Platform which can be utilized to quickly identify infringement and obtain strong evidence to engage customs protection.

After customs detains infringing goods, brand owners should actively cooperate in the investigation, promptly submitting relevant evidence and aiding in the smooth progress of customs protection.

Utilizing the Kangxin IP Platform (eservice.kangxin.com)

The Kangxin IP Platform acts as an assistant for IP customs protection. The Platform can help you easily engage in trademark searches, registration, monitoring, and renewal, simplifying the management of intellectual property. The Platform also utilizes big data and AI technology to monitor market dynamics in real time, quickly identifying infringement risks and providing strong support for customs protection. Equipped with a professional legal team, our online plus offline options provide rights holders with legal consultation and enforcement guidance, ensuring smooth customs protection processes.

Smooth(er) Sailing with Customs Protection

Intellectual property customs protection is an indispensable tool for brand owners in the international market. Through the joint efforts of customs authorities around the world and support from intelligent tools, we are able to effectively combat infringement, maintain market order, and protect brand rights properly navigating the oceans of intellectual property protection and ensuring the global growth and success of brand owners.