September 16, 2020 Wednesday

Foreign Trade Information (2023.09)

Source: Legal Affairs Department of Shenzhen Municipal Trade Promotion Commission Release time: 2023-09-05

  The Hague System for the International Registration of Designs entered into force in Brazil

  The Hague System for the International Registration of Industrial Designs has come into force in Brazil。

  The Brazilian Patent and Trademark Office (INPI) is not the receiving office for international design applications, so international design applications must be submitted through the Electronic Application page (WIPO eHague) of the International Bureau of the World Intellectual Property Organization (WIPO)。

  In terms of uniformity, a Brazilian design application may contain up to 20 embodiments or variations。All of these embodiments or variations must have significant decorative features in common and have the same purpose, i.e. belong to the same Locarno class classification。

  New design review guidelines are expected to be released in September to incorporate changes, including the use of dotted lines or shadows to express elements or parts of a design that do not require protection。

  (Source: China Council for the Promotion of International Trade)


  Product safety laws are to be changed to make online shopping safer

  I. Abstract

  According to The Guardian (The Guardian) on August 2, the British government announced that it will overhaul the product safety regulations to adapt them to the requirements of the digital age, provide better protection for consumers and create a British own product safety regime。

  Current product safety regulations in the UK are largely based on EU law, with some provisions dating back more than three decades。The revision aims to adapt the regulations to the way society shops today, introduce new technologies such as the Internet and artificial intelligence, and ensure that consumers can enjoy the same protection when shopping online as they do offline。

  The government will consult the public on how to better regulate connected devices such as smartwatches and new technologies such as artificial intelligence.A consultation will also be launched on the proposed "Home Upholstered Furniture Fire Safety Code" to improve consumer protection standards in the relevant industry。Business Secretary Kemi Badenoch said she would use "post-Brexit freedoms" to re-identify and update unnecessary barriers to doing business under EU law, and reform them to benefit both businesses and consumers。

  Second, brief comments

  Online shopping has gradually become the mainstream channel of People's Daily consumption, but the product safety problem has been criticized。Consumers are concerned that online shopping platforms are not responsible for the safety of goods sold by third parties, while regulators have failed to effectively enforce the law on online marketplaces。Some consumer groups say,Online marketplaces in the UK are constantly being used to sell dangerous products,The government and the Office for Product Safety and Standards are needed,OPSS has taken more aggressive action to update online shopping security protections。

  In recent years,The UK has made a series of efforts to adapt its product safety regime to the requirements of the digital age,A typical example is the consumer connectable product security regime, published by the UK government on April 27, 2023.,It provides the minimum safety requirements for the enterprises of related products to provide products to consumers,These minimum security requirements are derived from standards such as the UK Consumer iot Security Practice Code。The Consumer Connected Product Security Regime consists of two pieces of legislation that will enter into force on April 29, 2024, after completing the full legislative process。This regime will also ensure that other businesses in the supply chain for these products play their part to comprehensively prevent unsafe goods being sold to UK consumers and businesses。

  After the reform of product safety regulations, the UK regulatory authorities will implement more stringent product safety testing and certification requirements。While higher product quality requirements and stricter enforcement measures may discourage small and micro businesses to some extent, fixing and consolidating the UK's product safety system will lead to a healthier market environment。It is recommended that relevant enterprises strengthen the quality and safety management of the products produced or operated to meet the new compliance requirements after adjustment。

  (Source: Goout Service Port)


  Customs Announcement | Implementation of the mutual recognition of "Certified Business Operators" (AEO) between China and Serbia

  February 4, 2021,The Government of China and the Government of Serbia formally signed the Agreement between the Government of the People's Republic of China and the Government of the Republic of Serbia on the Mutual Recognition of the Enterprise Credit Management System of the General Administration of Customs of the People's Republic of China and the "Certified Business Operator" System of the Customs Department of the Ministry of Finance of the Republic of Serbia (hereinafter referred to as the Mutual Recognition Agreement).,The decision will come into effect on October 1, 2023。The relevant matters are hereby announced as follows:

  1. According to the provisions of the Mutual Recognition Agreement, China and Serbia recognize each other's "Certified Business operators" (AEOs) at each other's customs to facilitate customs clearance for goods imported from each other's AEO enterprises。Among them, the Serbian Customs recognized the Chinese Customs advanced certification enterprises as mutually recognized AEO enterprises, and the Chinese Customs recognized the Serbian Customs "certified operators" as mutually recognized AEO enterprises。

  2. The customs authorities of China and Serbia are clearing import and export goods,Give each other AEO enterprises the following customs clearance facilitation measures: apply a lower document review rate;Lower inspection rates are applicable;Give priority to goods requiring physical inspection;Designate Customs liaison officers,Responsible for communicating and solving AEO enterprises' problems in customs clearance;Priority is given to customs clearance after international trade is interrupted and resumed。

  3. When Chinese AEO enterprises export goods to Serbia,The AEO code (AEOCN+ 10-digit enterprise code registered and filed with the Chinese Customs) is required,For example AEOCN0123456789) inform the Serbian importer,They shall fill in the declaration in accordance with Serbian customs regulations,Serbian Customs confirmed the AEO enterprise identity of Chinese Customs and provided relevant facilitation measures。

  Iv. When Chinese enterprises import goods from Serbian AEO enterprises, they shall fill in Serbian AEO enterprise code in the column of "Foreign Shipper" in the import declaration form and in the column of "Shipper AEO Enterprise Code" in the water and air cargo manifests respectively。Fill in for: "country code (RS) + AEOF coding/AEOS + 24 enterprises", for example, RSAEOF123456789012345678901234 or RSAEOS123456789012345678901234。The Chinese Customs confirmed the identity of Serbian AEO enterprises and provided relevant facilitation measures。

  (Source: Customs release)


  Cambodia issues rules of origin

  Recently, the Cambodian National Assembly approved the draft law on rules of origin。The new law will fill the current regulatory gap and formulate rules and principles of origin for import and export products in accordance with the national preferential trade system。It will determine the origin of Cambodian products to guarantee quality and protect brands, and provide an important tool to protect local producers from illegally importing goods that are then re-exported as Cambodian products。

  The law complements Cambodia's bilateral, regional, free trade and multilateral agreements, such as the recently signed Regional Comprehensive Economic Partnership (RCEP), Cambodia-China Free Trade Agreement and Cambodia-Korea Free Trade Agreement.。Once implemented, the law will play a key role in boosting Cambodian exports, especially for goods to which preferential tariffs apply。

  The draft law, which consists of nine chapters and 35 articles, has been reviewed and revised in light of comments from relevant bodies such as the World Trade Organization and the United Nations Conference on Trade and Development。

  (Source: China Council for the Promotion of International Trade)


  Eu publishes new obligations on product safety regulations

  The EU Product Safety Regulation (GPSR) 1 has now been published, which will regulate non-food consumer goods placed on the EU market from 13 December 2024, following the end of the transition period。The GPSR will therefore replace Directive 2001/95/EC and, to a certain extent, ProdSG。

  In this case,The definition of the term "consumer goods" is more precise: consumer goods means "any article.,Whether or not it is interlinked with other objects,Whether offered or not for a fee,Including in the context of the provision of services,For consumer use,Or under reasonably foreseeable conditions,Even if it's not for consumer use,It could also be used by consumers."。

  Therefore, B2B products and standalone software are not included。In addition, other exceptions are listed, such as food, live animals and plants, antiques, etc。

  As before, priority is given to requirements in the so-called harmonisation area, such as products that comply with the relevant standards: the Machinery Directive (2006/42/EC), the Low Voltage Directive (2014/35/EC), radio equipment and the Repeal Directive (2014/53/EC);

  (Source: China Council for the Promotion of International Trade)


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