Customs filing means that the obligee who requests the customs to protect his intellectual property rights informs the General Administration of Customs in written form of the legal status of his intellectual property rights, the information about the goods, the legal use of intellectual property rights and the import and export of infringing goods, so that the customs can take the initiative to protect the relevant intellectual property rights in the process of supervising the import and export goods. According to the Regulations on Customs Protection of Intellectual Property Rights revised in June, 5438+February, 2003, the filing of intellectual property rights is no longer a prerequisite for customs protection of intellectual property rights, and the obligee who has not filed intellectual property rights still has the right to apply to the port customs for detaining the imported and exported infringing goods. However, whether intellectual property rights are filed in advance is very different in practice.

Mainly reflected in:

1 is a prerequisite for the customs to take active protective measures. According to the regulations, if the intellectual property owner fails to file his intellectual property rights with the customs in advance, the customs will have no right to suspend the import and export of infringing goods on its own initiative, nor to investigate and deal with infringing goods.

2. It is helpful for customs to find infringing goods. Although according to the regulations, after filing, the intellectual property owner still needs to apply to the relevant customs for protective measures when he finds that the infringing goods are about to enter or leave the country, from a practical point of view, whether the customs can find the infringing goods mainly depends on the customs' inspection of the relevant goods. Because the obligee needs to provide the legal status of intellectual property rights, the contact information of the obligee, the legal use of intellectual property rights, goods suspected of infringement, relevant pictures and photos, etc. It is possible for the customs to find the suspected infringing goods in the daily supervision of the goods and take the initiative to detain them. Therefore, the early filing of intellectual property rights can protect the legitimate rights and interests of obligees in time.

3. Prevent possible infringement in the future. With the confiscation of infringing goods by the customs and the administrative punishment of import and export enterprises, filing intellectual property rights as soon as possible can play a warning and deterrent role for those enterprises that have recklessly imported and exported infringing goods, and urge them to consciously respect relevant intellectual property rights.