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China Customs’ Top 10 Cases of Intellectual Property Protection in 2012

The General Administration of Customs released the “China Customs’ Top 10 Cases of Intellectual Property Protection in 2012” on April 22, 2013. The case where counterfeit pharmaceutical creams infringing trademark “Shalina” were tracked down by the Ningbo Customs was ranked as one of the top 10 cases of intellectual property protection. During the process of tracking down, determining and destroying the counterfeits, our firm actively assisted the trademark-holder to protect its intellectual property.

As of 2011, our firm starts to proceed with Customs recordation of intellectual property on behalf of Amina Limited, the holder of trademark “Shalina”. The intellectual property of the IP-holder is under effective protection since the Customs recordation.

Shenzhen Shi Wei Da Trade Ltd made an export declaration of a shipment of cargo with the Ningbo Customs on March 1, 2012. After investigation and examination, the Customs officers detected 13 boxes of 3120 betamethasone lotions, 40 boxes of 24000 clobetasol propionate creams and 29 boxes of 17160 pharmaceutical creams with trademark “Shalina” attached.

The Ningbo Customs issued the “Notice on Confirming the Intellectual Property Status of Import/Export Cargo” to our firm after comparing the recordation information. Our firm advised the trademark-holder of the notice promptly within the day of receipt. Upon obtaining authorization, our firm immediately presented the certificates of intellectual property to the Ningbo Customs, and completed the subsequent work actively and dutifully. The subsequent work includes but not limited to:
(1)   issuing confirmation letters to the Customs to identify whether the seized cargo infringe the IP-holder’s intellectual property, and
(2)   receiving, transferring and submitting legal documents to the Customs, and
(3)   transferring and receiving the deposit, and
(4)   examining the infringed goods on spot.

In July, 2012, the Ningbo Customs issued the “Notice on Status of Infringing Goods”, confiscated the infringing goods and imposed severe punishment onto the infringer. The trademark right of Amina Limited, who is the trademark-holder of “Shalina”, was effectively protected.

Afterwards, as requested by the trademark-holder, our firm got in touch and successfully made an arrangement with the Ningbo Customs officers about letting the employees of the trademark-holder participate the destruction of the infringed goods.


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