Newsletter
COMPUTER SOFTWARE EXPORT MANAGEMENT SYSTEM SUS-PENDED
In November 1992, the Directorate-General of Customs implemented an export management system (EMS) for computer-software-related products, under which rights holders could reg-ister with the DGC their goods containing computer software, in 16 CCC categories in-cluding computers, printers, and TV game con-soles. After such registration, the DGC would inform each local Customs that when such software-related goods were exported, they should be subject to inspection without exception in the case of high-risk manufacturers, and to random inspection in the case of other manu-facturers.
Due to the changing technological environment, the majority of computer software exports are now on optical media. Therefore with respect to exports of computer-software-related products, the various existing inspection mechanisms re-lated to the export of optical media (such as the Optical Disk Act, and the Operational Directions for the Enforcement Task Force against the Ex-port of Pirated Optical Disks) can be applied, as can the Directions for Customs Authorities in Implementing Measures for the Protection of Trademark and Copyright. Rights holders can file complaints or provide information to Cus-toms under these various measures, which can now effectively deter exports of counterfeit goods. Accordingly, the DGC has suspended the EMS with effect from 1 January 2005.
Under the above Operational Directions, if Customs discovers goods that it suspects of in-fringing on trademarks or copyright, it will in-form the rights holder to attend Customs prem-ises within a specified period to make a deter-mination, after which allegedly infringing goods will be handled according to the relevant legis-lation, depending on the type of infringement.