由 caicai8478
In global trade, the cross-border transportation of intellectual property (IPR)-sensitive goods may face strict regulations and legal liabilities. Companies need to understand relevant regulations to avoid infringement risks and ensure compliant transportation.
I. Definition of IP-Sensitive Goods
IP-sensitive goods refer to items protected by laws such as patents, trademarks, copyrights, and trade secrets. Unauthorized production, sale, or transportation may constitute infringement. These include:
Trademark-infringing goods
Counterfeit brand goods (such as luxury goods, sneakers, and electronics).
Unauthorized brand imitations (such as knockoff mobile phones and watches).
Patent-infringing goods
Products that utilize patented technology without permission (such as pharmaceuticals, chips, and mechanical equipment).
Products that imitate patented designs (such as electronic products and auto parts).
Copyright-infringing goods
Pirated books, movies, music, and software.
Unauthorized copies (such as games and anime merchandise).
Trade secret-infringing goods
Products manufactured using stolen technology (such as industrial formulas and source code).
II. Major Risks in Cross-Border Logistics
Customs Detention
Customs authorities in various countries (such as the US CBP and the EUIPO) have the authority to detain goods suspected of infringing trademarks.
Potential risks include destruction, fines, and even criminal prosecution.
Legal Actions
Brands (such as Nike, Apple, and Disney) may sue logistics companies or sellers.
High penalties (e.g., fines of up to $2 million under the US Trademark Act).
Supply Chain Disruptions
Detentions of goods can cause delays and undermine customer trust.
Company Blacklisting
Repeated violations may result in a logistics company being placed on a customs high-risk list.
III. Regulatory Measures in Major Countries and Regions
Country/Region Major Regulations Enforcement Measures
United States: Lanham Act, ITC Section 337 Investigations: Customs seizure, destruction, and criminal penalties
European Union: EUIPO (European Union Intellectual Property Office), Customs Regulation (EC 608/2013): Border detention and fines
China: Regulations on Customs Protection of Intellectual Property Rights: Confiscation, fines, and criminal liability
Japan: Customs Law, Trademark Law: Import prohibition and destruction
Southeast Asia: ASEAN Framework for Cooperation on Intellectual Property Rights: Customs inspection and fines
IV. Recommendations for Compliance in Shipping
Conduct an IP review in advance
Ensure that the goods do not infringe on trademarks, patents, or copyrights.
Source goods through officially authorized channels.
Provide legal authorization documents:
Brand authorization letters, patent license certificates, copyright notices, etc.
Select compliant logistics channels
Avoid using “grey customs clearance” or “under-declaration” methods.
Some logistics providers (such as DHL and FedEx) have strict restrictions on infringing goods.
Focus on high-risk categories
Electronics, luxury goods, pharmaceuticals, and film and television peripherals are prone to seizure.
Responding to Customs Inspections
If goods are detained, promptly provide legal proof or negotiate with the brand.
V. Typical Cases and Penalties
Case 1: In 2023, US Customs seized a batch of counterfeit AirPods worth $3 million, destroyed them all, and imposed a fine.
Case 2: A Shenzhen company was sued by Disney for exporting counterfeit toys to Europe and ordered to pay €5 million in compensation.
Case 3: An Amazon seller had their account frozen and their goods seized by customs for selling infringing phone cases.