If the consignee or consignor fails to declare the intellectual property status of the goods in accordance with the provisions of the preceding paragraph, submit relevant supporting documents or the customs has reason to believe that the goods are suspected of infringing the intellectual property rights filed with the General Administration of Customs, the customs shall suspend the release of the goods and notify the intellectual property rights holders in writing.
Article 22 The intellectual property right holder shall give a reply in accordance with the following provisions within 3 working days from the date of service of the written notice of the customs stipulated in Article 21 of these Measures:
(1) If it is determined that the goods filed by the General Administration of Customs infringe intellectual property rights and need to be detained by the Customs, it shall submit a written application to the Customs for detaining the goods suspected of infringement, and provide guarantee in accordance with the provisions of Article 23 or Article 24 of these Measures;
(2) If it considers that the goods concerned have not infringed the intellectual property rights filed with the General Administration of Customs or does not require the Customs to detain the suspected infringing goods, it shall make a written statement to the Customs.
With the consent of the customs, the intellectual property right holder may inspect the relevant goods.
Article 23 Where an intellectual property right holder requests the Customs to detain the goods suspected of infringement in accordance with the provisions of Item (1) of Paragraph 1 of Article 22 of these Measures, he shall provide a guarantee to the Customs in accordance with the following provisions:
(1) If the value of the goods is less than 20,000 yuan, provide a guarantee equivalent to the value of the goods;
(2) Where the value of the goods is between 20,000 yuan and 200,000 yuan, a guarantee equivalent to 50% of the value of the goods shall be provided, but the amount of the guarantee shall not be less than 20,000 yuan;
(3) If the value of the goods exceeds RMB 200,000, a letter of guarantee of RMB 654.38+10,000 shall be provided.
Where an intellectual property right holder requests the customs to detain the goods suspected of infringing the exclusive right to use a trademark according to the provisions of Item (1) of Paragraph 1 of Article 22 of these Measures, he may provide a general guarantee to the General Administration of Customs according to the provisions of Article 24 of these Measures.
Article 24 With the approval of the General Administration of Customs, the intellectual property owner of the exclusive right to use a trademark filed with the General Administration of Customs may submit a letter of guarantee issued by a bank or a non-bank financial institution to the General Administration of Customs to provide general guarantee for his application for customs protection measures for the exclusive right to use a trademark.
The total amount of guarantee shall be equivalent to the sum of the storage, storage and disposal expenses incurred by the intellectual property right holder after applying to the customs for detaining the suspected infringing goods in the previous year; If the intellectual property right holder did not apply to the customs for detaining the suspected infringing goods in the last year, or the expenses for storage, custody and disposal were less than RMB 200,000, the total amount of guarantee was RMB 200,000.
From the date when the General Administration of Customs approved the use of the general guarantee to the date of February 3 1 of that year, if the intellectual property right holder requests the Customs to detain the import and export goods that have been filed with the General Administration of Customs and are suspected of infringing the exclusive right to use a trademark, there is no need to provide a guarantee, but the intellectual property right holder fails to pay the relevant fees in accordance with the provisions of Article 25 of the Regulations or to bear the liability for compensation in accordance with the provisions of Article 29 of the Regulations.
Article 25 Where an intellectual property right holder applies in accordance with the provisions of Item (1) of Paragraph 1 of Article 22 of these Measures and provides a guarantee in accordance with the provisions of Articles 23 and 24 of these Measures, the customs shall detain the suspected infringing goods and notify the intellectual property right holder in writing; If the intellectual property right holder fails to apply for or provide a guarantee, the customs shall release the goods.
Article 26 Where the customs detains suspected infringing goods, it shall deliver the detention certificate of suspected infringing goods to the consignee or consignor.
With the consent of the customs, the consignee or consignor may inspect the goods detained by the customs.
Article 27 After detaining the suspected infringing goods, the customs shall investigate the suspected infringing goods and other relevant information according to law. The consignor and the intellectual property right holder shall cooperate with the customs investigation and truthfully provide relevant information and evidence.
When investigating suspected infringing goods, the customs may request the relevant intellectual property authorities to provide opinions.
If the intellectual property right holder and the consignee or consignor reach an agreement on the suspected infringing goods detained by the customs, and submit a written application to the customs with the relevant agreement, requesting the customs to lift the detention of the suspected infringing goods, the customs may terminate the investigation, except that the suspected infringement constitutes a crime.
Article 28 If the customs cannot determine whether the detained suspected infringing goods infringe relevant intellectual property rights after investigation, it shall notify the intellectual property right holder and the consignee or consignor in writing within 30 working days from the date of detaining the suspected infringing goods.
If the customs cannot determine whether the goods infringe the relevant patent rights, the consignee or consignor may request the customs to release the goods after providing the customs with a guarantee equivalent to the value of the goods. Where the customs agrees to release the goods, it shall be handled in accordance with the provisions of the second and third paragraphs of Article 20 of these Measures.
Article 29 If the customs is unable to determine whether the goods concerned infringe upon their intellectual property rights, the intellectual property rights holder may apply to the people's court for ordering to stop the infringement or property preservation measures in accordance with the provisions of Article 23 of the Regulations.
If the customs receives a written notice from the people's court to assist in detaining the goods suspected of infringement within 50 working days, it shall provide assistance; If the notice of the people's court for assistance in seizure is not received or the intellectual property right holder requests the customs to release the relevant goods, the customs shall release them.
Article 30 When making a decision to confiscate infringing goods, the customs shall notify the intellectual property right holder in writing of the following known information:
(1) The name and quantity of the infringing goods;
(2) The name of the consignee or consignor;
(three) the date of import and export declaration of infringing goods, the date of customs detention and the effective date of the punishment decision;
(4) the place of departure and destination of the infringing goods;
(5) Other information related to the infringing goods that can be provided by the customs.
If the people's court or the competent intellectual property department needs customs assistance to obtain evidence related to import and export goods when handling infringement disputes between the parties, the customs shall provide assistance.
Article 31 If the customs discovers that the articles carried or mailed into or out of the country by individuals are suspected of infringing the intellectual property rights stipulated in Article 2 of the Regulations, and exceed the reasonable quantity for their own use, they shall be detained, except that the passengers or shippers have declared their abandonment to the customs and obtained the consent of the customs.
The customs shall assist in the investigation of infringing articles. If inbound and outbound passengers or inbound and outbound mail senders think that the articles detained by the customs do not infringe the relevant intellectual property rights or belong to their own use, they may explain the relevant situation in writing to the customs and provide relevant evidence.
Article 32 If it is found through customs investigation that import and export goods or inbound and outbound articles infringe intellectual property rights, the customs shall confiscate them in accordance with the provisions of Article 27, paragraph 1 and Article 28 of the Regulations. However, if the party concerned cannot find out, it may be confiscated by the customs three months after the relevant announcement is issued by the customs.
If the import and export infringement is suspected of a crime, the customs shall transfer it to the public security organ according to law.