International customs law case study

Furthermore, upon the approval of the customs, the trademark owner may provide a bank guaranty with the customs.

At present customs protection has become the most effective way to prevent the counterfeit goods from being exported out of China mainland. The application for customs recordation should be filed with the General Administration of Customs in Beijing directly, other local customs within China mainland could not accept the application for customs recordation.

Connect with us. The 3 working days is strictly required in the customs protection. The application shall include the following main contents: the IP owner's name and his place of registration or his nationality; the IP's name, contents, and relevant information; the names of both the consignee and the consigner of the suspected infringing goods; the name and specifications of the suspected infringing goods; and the possible port and time of entry or exit of the suspected infringing goods, and the means of transportation therefor. Pending trademarks could not be accepted for recordation with customs. The amount of the bank guaranty shall be equal to the summation of the transportation, warehousing and disposal expenses occurred for all the detention cases the trademark owner filed during the immediately previous year; but the minimum amount of such bank guaranty shall not be less than RMB, In , the reform strategy was to implement the short-term, less costly, quick-win reforms immediately while preparing the ground for the medium to long-term reforms, which were perhaps more complex and costly. At present customs protection has become the most effective way to prevent the counterfeit goods from being exported out of China mainland. The new case study provides an example of the customs authority making use of transfer pricing information based on the resale price method. When detecting the suspected infringing goods in pending importation or exportation, the trademark owner shall submit an application and relevant documents of proof, and provide evidence sufficient to prove the obvious existence of the infringement facts as well. Where the customs determines to confiscate the infringing goods, the guaranty could be refunded after the trademark owner makes payment of transportation, warehousing and disposal expenses directly to the corresponding responsible entities.

Such services are provided solely by member firms in their respective geographic areas. Among them, the following two changes should be noticed by trademark owners: 1.

transfer pricing and customs valuation

The 3 working days is strictly required in the customs protection. The new case study provides an example of the customs authority making use of transfer pricing information based on the resale price method.

This case study follows the process.

The new case study provides an example of the customs authority making use of transfer pricing information based on the resale price method. In , the reform strategy was to implement the short-term, less costly, quick-win reforms immediately while preparing the ground for the medium to long-term reforms, which were perhaps more complex and costly. KPMG International and its member firms are legally distinct and separate entities. The new provisions focus on the carried articles of individuals, disposal of the infringing goods, the cancellation of recordation and the withdrawal of application for detention. All rights reserved. Although the volume and the value involved in this case are far from enormous, the trademark owner still decided to file a lawsuit claiming damages and wishing to give a lesson to the exporter or any other possible parties who might conduct an similar infringing act. Pending trademarks could not be accepted for recordation with customs.

Although the volume and the value involved in this case are far from enormous, the trademark owner still decided to file a lawsuit claiming damages and wishing to give a lesson to the exporter or any other possible parties who might conduct an similar infringing act. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers.

International customs law case study

The study applied a time-and-motion approach to map out the step-by-step procedures in trade.

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