摘要
法律体系日趋完善
2007年4月,海关总署制定并发布了《关于依法拍卖海关没收的侵权货物的公告》,规定海关拍卖没收的侵权货物时,应完全清除有关货物以及包装上的侵权特征,包括清除侵权商标以及侵犯著作权、侵犯专利权、侵犯其他知识产权的特征。对不能完全清除侵权特征的货物,应当予以销毁,一律不得拍卖。同时,海关拍卖侵权货物前应当征求有关知识产权权利人的意见。
In April 2008, the General Administration of Customs (GAC) of the People’s Republic of China released the 2007 White Paper on China Customs’ Accomplishments in Intellectual Property Protection (IPP). This is the first time that GAC has displayed its efforts and attitudes on IPP in this way. The White Paper summarizes the achievements of China Customs in 2007: the relevant laws and their implementation were improved remarkably, and cooperation among government bodies was strengthened both within the PRC and internationally. More IPP-related cases were discovered and solved. The various improvements together have benefited 34 countries, districts and international organizations. The file constitutes a thorough survey of the IPP advances made by China Customs in recent years, and it clearly demonstrates the PRC’s determination to play a responsible role in the international protection of intellectual property.