The decision on issuing regulations receiving the petition to control the export, import of goods related to intellectual _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ GENERAL DIRECTOR of the BUREAU of CUSTOMS of intellectual Law bases the number 50/2005/QH 10 on November 29, 2005;
Grounded customs law No. 29/2001/06/29 10 QH 2001; Law on amendments and supplements to some articles of the Customs Law No. 42/2005/06/24 11 QH-2005;
Pursuant to Decree No. 105/2006/ND-CP of September 22, 2006 the Government detailing and guiding the implementation of some articles of the law on the protection of intellectual property the intellectual property rights and state management of intellectual property;
Pursuant to Decree No. 154/2005/ND-CP dated 15 December 2005 from the Government detailing some of the customs law on customs, inspection, customs supervision;
Pursuant to Decree No. 96/2002/ND-CP dated 19 November 2002 of government functions, tasks, powers and organizational structure of the General Directorate of customs;
Pursuant to decision No. 42/2007/QD-BTC dated 4 June 2007 of the Ministry of Finance on the assigned task of enforcing intellectual hữ rights protection, anti-counterfeiting in the area of customs for the anti-smuggling Bureau of investigation Of the Bureau of customs;
Proposal of the Director General investigations against smuggling.
Article 1: DECISION attached to this regulation decisions receipt petition to examine goods exported and import related to intellectual property.
Article 2: this decision has the effect after 15 days from the date of signing.
Article 3: the heads of the units and subordinated to the General Department of Customs is responsible for the implementation of this decision.
 

Where to get:-leadership-leadership Ministry of Finance Of the Bureau of customs-Legal Services-Department of Finance-As article 3-Website Of the Bureau of customs, Bureau of VT-save the ĐTCBL (3).

 



KT GENERAL DIRECTOR VICE GENERAL DIRECTOR (signed) vu Ngoc Anh petition reception RULES to control the export, import of goods related to intellectual property (attached to decision No. 916/QD-2 March 2008 the General Director of the Bureau of customs) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To ensure receiving the petition said goods export control imports related to intellectual property in the field of Customs made consistent and proper regulations, Customs Administration issued the regulation on receiving the petition to control the export, import of goods related to the intellectual property in the whole industry as follows: article 1. This regulation regulates the Customs authorities accept the petition control said imported goods related to intellectual property (hereinafter referred to as the petition), including: petition to apply measures to check, monitor said imported goods related to intellectual and petition for suspension of customs clearance for goods import and export, said related to intellectual property.
Article 2. The responsibility of the Customs authorities.
1. Receiving the petition and attached documents and evidence, artifacts are related by the applicant filed and present, making the votes of receiving profile (model No. 01/IPR). Encourage the applicant to provide the information, documents, evidence for customs authorities in the form of an electronic file in the form of diskettes, CDs, VCDs, DVDs ...
2. Check to determine the validity, completeness of the petition and the documents, evidence, artifacts caused by the applicant sent according to the rules.
3. the written notification to the applicant of acceptance; not accepted; the repair request, Supplement; petition for annulment in the allotted time. Supply & fit for the petition to halt making customs procedures, the notice must be made by fax or phone, and must submit in writing to the applicant know.
4. Perform the transfer petition under the provisions of clause 2, article 36 of Decree 105/2006/ND-CP of September 22, 2006 and kept records, specimens as specified.
5. Recommend the applicant regularly coordinate, Exchange, provide in writing either in person to the Customs authorities of information relevant to the import goods, import, goods infringing intellectual property rights, counterfeiting, counterfeit goods; Support for customs authorities in the work of the Exchange, providing information, coordinating with the relevant enforcement authority, the State Agency on intellectual property, organization, assessment Center.
Article 3. The authority receiving unit 1. General Department of Customs (anti-smuggling Bureau of investigation) has the authority to receive the petition if the scope required to apply measures to control the export, import of goods related to intellectual hữ rights in the operation of two (2) the Customs Bureau, the province, the central cities.
2. the Customs Bureau, the province, central cities have the authority to receive the petition to adopt measures to control the export, import of goods related to intellectual property rights in management.
3. the competent Customs Department receiving the petition to adopt measures to control the export, import of goods related to intellectual property rights.
Article 4. Content check out the petition.
1. check the correct filing authority single reception of the customs provisions in article 3 above.
2. Check the contrast between the original (if applicable) and a copy of the legal documents filed by the applicant and the said process for the Customs to determine the status of the applicant as prescribed by the law include: a) the original or a copy certified by the Agency and the competent State the document was considered the evidence the subject the rights prescribed in paragraph 1, 2, 3 article 24 of Decree 105/2006/ND-CP of September 22, 2006.
b) where the applicant is the Organization, individuals are intellectual property rights transfer, inheritance, inheritance of objects of intellectual rights; The original or a copy of the legal transfer of ownership of intellectual property rights objects tụê, the contract to use intellectual property rights to objects or text confirms the right to inheritance, the inheritance rights of objects of intellectual rights; Certificate of registration of the contract of use of intellectual property rights objects (in the case of transfer of the delivery has been noted in the degree of protection or certificates of registration of transfer of ownership of intellectual property rights objects).
c) where the applicant through representative delegation: authorization Certificate or contract authorization.
d) where the applicant through legal representative: proof of the status of the legal representative.
3. Identify the petition have to follow the prescribed form (form No. 02/IPR, 03/IPR) and has enough information on request.
4. Determine the materials, specimens, artifacts (or snapshot) due the applicant provide full identification of goods suspected of infringing intellectual property rights, including the following documents: a) for single requests to check, monitor to detect signs of goods infringing intellectual property rights :-A detailed description of the goods infringing intellectual property rights, including the snapshot (if available), the distinctive real goods with the goods infringe copyright;
-The list of those who export, import of goods legal monitoring requirements;
-The list of people who have the ability to export and import of goods infringing intellectual property rights;
-The method of export, import and other information related to the export and import of goods infringing rights (if any);
b) petition for suspension of customs clearance for goods exports, imports related to hữ intellectual property;
-List the name, address of the export and import of goods (if applicable):-the information predicting the time and location of import-export procedures for goods suspected of infringing intellectual property rights;
-A detailed description, sample the goods or chụo goods suspected of infringing intellectual property rights;
-The results of the inspection authorities of the intellectual for the original evidence.
c) petition case monitoring, detection of fake brand goods have been accepted, as the applicant has requested a pause make customs procedures, Customs does not require the applicant to submit the documentation related to the inspection of the customs regulations in paragraph 2 of this Article.
5. Check your faith proved has filed the guarantees prescribed in clause 2, article 217, the intellectual property Law No. 50/2005/QH10 for cases receiving the petition to halt making customs procedures for export and import related to intellectual property.
6. With regard to the documents referred to in points a, b, paragraph 2. This, after the end of the inspection, the customs authority has the responsibility to return the original applicant (if any) and save the profile service the relevant copy.
Article 5. deadline, check the menu.
1. During 30 days from the date of the petition for the application of the measures examined, monitored or within 24 working hours from the time of receiving the petition to halt customs procedures in each specific case, where the Customs authorities accept the petition to have the responsibility to check and inform the applicant knew the review , resolve the petition of the Customs according to the provisions in clause 2, 3, 4, 5.
2. With regard to the petition and attached documents and evidence, we have to meet to qualify under the rules, the notice of the acceptance of the petition for the applicant to know (model No. 04/IPR).
3. Notify the applicant to request additional application fix, cuầ and submitted to the customs authority (form No. 05/IPR) within the time limit prescribed for cases: a) the documents, evidence, artifacts not adequate according to the provisions in clause 3, article 48, Decree No. 154/2005/ND-CP on December 15, 2005 of the Government;
b) does not follow the form prescribed, or does not have enough information as required to the customs can detect fake goods or the goods suspected of infringing intellectual property rights.

4. Notify the applicant knew about not accepting the petition (form number 06/IPR) case: a accepting Agency) is not competent to receive the application.
b) has confirmed the applicant does not have the right to file c) Application has omissions and although it was required to repair but the creator an applicant still not fix or repair is not satisfactory.
5. With regard to the petition not in jurisdiction then moved to petition the competent authority and inform the applicant know.
Article 6. Processing of the petition has been accepted.
1. The General Department of Customs (anti-smuggling Bureau of investigation) where the single receiving notification in writing and forward the petition, documents, evidence, artifacts related to the Customs Bureau of the province, the city; Control teams affiliated to the anti-smuggling Bureau of census-Đêìu 2. The Customs Bureau of the province, the city where the receiving report here on the text sent to the General Department of customs, notification and transfer the petition, documents, evidence, artifacts related to the Customs Bureau: the relevant function rooms and directly control the Customs Bureau the city, in order to implement the measures examined, supervision.
3. Customs Sub-Department where the receiving report by vvăn a send of the Customs Bureau, city, notification and transfer the petition, documents, evidence, artifacts related to the Team, the business, the individual concerned to implement measures to check, monitor.
Sculptures made of 7. The time limit for the validity of the petition to adopt testing measures, monitoring of goods export, import related to intellectual property.
1. The time limit for the validity of the petition to adopt testing measures, monitoring of goods export, import related to intellectual property made pursuant to article 49, paragraph 1, of Decree No. 154/2005/ND-CP on December 15, 2005.
2. During the validity period of the Unit, when the applicant has notified in writing about the collapse or expand a category or group of goods/protection requirements to narrow or broaden the scope of the requirement to apply monitoring measures, extend the period of validity of the claim in time (three muơi) 30 days from the date of the filing of the written accents menu, where the customs authority receiving the original claim is responsible for the review, inform the applicant and give the relevant customs unit (model No. 07/08/number of INTELLECTUAL PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS).
Article 8. Cancel the application of control measures.
1. quanHải Muscle related announcement to cancel the application of control measures in the following cases:-the owner of the intellectual property rights or the person who is authorized under the provisions of the law of rights owners have sent text message regarding agency quanHải engine replacement, terminate authorization for authorized people have original filing-the owner of intellectual property rights intellectual property or person authorized by the provisions of the law of the owner the right to have text sent Hảiq agency officials suggested the chmấ end to apply the control measures of the Customs for goods requiring protection.
-Expiry of validity of petition to apply measures for inspection and control of export and import goods related to intellectual property, the applicant has no text please renew.
2. During 3 (three) days from the date of the writing of the owner of the rights, the customs authority is responsible for the review, inform the owner of the intellectual property rights, the applicant originally and for the related customs unit (model number 09/IPR).
Article 9. Archive and provide a profile.
1. the records are stored in the unit and preserved according to the current rules. Just give the relevant authorities when it has been approved by the competent person under the provisions of the law.
2. for the material is evidence of specimens, artifacts that relate the petition has been accepted, the receiving unit is responsible for sealing, kept full, clear to ensure for inspection, monitoring, detection and handling of goods infringing intellectual property rights.
Article 10. Enforcement organization.
1. The Heads of the units and subordinated to the General Department of Customs is responsible for the coordination and organization of the implementation of this regulation.
2. the Director of the anti-smuggling Bureau of investigation responsible Guide, test, urging the whole industry units in the implementation of this regulation.
3. the Director of the Bureau of customs, the city made the deployment, urge the subdivisions made this regulation./.