Difreight Blog Intellectual property and transportation of branded goods from China: challenges and limitations

Intellectual property and transportation of branded goods from China: challenges and limitations

Intellectual property and transportation of branded goods from China: challenges and limitations

Is it possible to bring goods of famous brands from China? This question often arises for those involved in international trade. In the article, we consider the essence of intellectual property, the main aspects of its regulation and problems related to the transportation of brands from China.

What is intellectual property and brands

Intellectual property is a set of rights granted to authors, inventors, artists and other creators for their intellectual achievements. In the field of business, intellectual property reflects the creative potential, innovativeness and competitiveness of companies.

Trademarks (brands) - one of the main components of intellectual property - are symbols, names, logos that identify the products or services of a certain manufacturer or supplier. They not only create a unique visual image of the company, but also serve as a guarantor of quality and reputation.

However, the protection of brands and other forms of intellectual property becomes a challenge in the context of globalization and the expansion of international trade. In particular, the issue of transporting branded goods from China is of particular importance, since China is one of the world's largest producers and suppliers of goods.

China is one of the world's largest exporters of clothing, footwear, appliances, household goods, etc - DiFreight

China is one of the world's largest exporters of clothing, footwear, appliances, household goods, etc

Regulation of legal aspects of intellectual property

There are several international treaties and organizations that regulate the protection of intellectual property in the legal field.

The World Intellectual Property Organization (WIPO) is responsible for the development and application of international standards for intellectual property. The organization administers such important treaties as the Berne Convention on Copyright and the Paris Convention for the Protection of Industrial Property.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international agreement under the jurisdiction of the World Trade Organization. TRIPS defines the rules and obligations related to intellectual property that must be observed by all members of the WTO.

Ukraine has a number of laws that regulate intellectual property. These are the Constitution of Ukraine, the Civil Code of Ukraine, the Law of Ukraine "On Protection of Rights to Marks for Goods and Services", other normative legal acts.

Importantly! In addition to the Civil Code, intellectual property rights are also controlled by the Criminal Code of Ukraine and the Code of Administrative Offenses. It is in these documents that a person is liable for the violation of intellectual property rights.

At customs, all cargoes undergo a detailed inspection - DiFreight

At customs, all cargoes undergo a detailed inspection

Why we do not carry Chinese brands

Most trademarks are subject to certain types of controls and restrictions when crossing the border. Customs (in China or any transit country) checks whether the Chinese goods you are transporting do not infringe intellectual property rights. If these are goods of popular and registered brands, it has the right to unilaterally withdraw them and impose sanctions on the violator.

Sanctions for infringement of intellectual rights can be administrative, civil or criminal.

What the violator can expect:

  • fine;
  • confiscation of goods;
  • compensation for the costs of product disposal;
  • prohibition of activity;
  • compensation for losses;
  • trial, arrest, imprisonment, etc.

The carrier company is not responsible for the occurrence of such situations and does not reimburse the client for the cost of confiscated goods and delivery. Therefore, in order to avoid conflicts at customs and not to disappoint customers, DiFreight does not carry brands that may be subject to restrictions. Instead, we will help you find reliable Chinese manufacturers and suppliers of the products you need and arrange turnkey delivery from China.

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