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Tightened intellectual property related border measures by Chinese Customs

by David Chen

The border measures taken by the Chinese Customs has been ever increasing. Recently starting in late October, export shipments involving UL, HDMI, Bluetooth, SD marks etc, which are widely used on consumer electronics, were heavily inspected by customs officials. A lot of delays were caused and infringing shipments seized.

Companies importing from China are reminded to review carefully how their products sourced from China are associated with the technology intellectual properties mentioned above and if proper licenses are obtained by the supply chain.

Due diligence following the below steps are recommended.

  • Identify what proprietary technologies are used with the product
  • Lookup publication by the owner of the IP (intellectual property) on what claims and requirements they make about the usage of their IP
  • Check with the China suppliers if they can provide the evidence of proper licensing
  • Verify the licenses with the utilities provided by the IP owners
  • Abandon or rectify the infringing supplies

David Chen is the co-founder and account manager at Sourcing Spectrum, a sourcing agency dedicated to helping overseas clients manage sources in China. Tips and information can be found at www.sourcingspectrum.com/blog.

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