Where an intellectual property right holder entrusts a domestic agent to file an application in accordance with the provisions of the preceding paragraph, he shall issue a power of attorney in the prescribed format. Article 3 Where the intellectual property right holder and his agent (hereinafter referred to as the intellectual property right holder) find that the suspected infringing goods are about to be imported or exported, they may apply to the customs for detaining the suspected infringing goods in accordance with the provisions of Chapter III of these Measures. Where the goods concerned are suspected of infringing the intellectual property rights that have been filed with the General Administration of Customs, the intellectual property rights holder may report to the Customs and apply to the Customs for detaining the suspected infringing goods in accordance with the provisions of Chapter IV of these Measures. Article 4 The consignee or consignor of import and export goods or his agent (hereinafter referred to as the consignee or consignor) shall know the intellectual property status of their import and export goods within a reasonable range. If it is necessary to declare the intellectual property status of its import and export goods, the consignee and consignor shall truthfully declare it to the customs and submit relevant supporting documents. Article 5 Where the relevant documents or evidence submitted by the intellectual property right holder or consignor to the customs involve trade secrets, the intellectual property right holder or consignor shall make a written explanation to the customs.
When implementing intellectual property protection, the customs shall keep the business secrets of the parties concerned. However, the information that the customs should disclose according to law is excluded. Chapter II Filing of Intellectual Property Rights Article 6 When applying for customs protection of intellectual property rights, the intellectual property right holder shall submit an application in the prescribed format to the General Administration of Customs.
The intellectual property right holder shall submit a separate application for each intellectual property right that he applies for filing. Where an intellectual property right holder applies for the registration of an international registered trademark, he shall submit a separate application for each kind of goods he applies for. Article 7 When submitting an application for filing to the General Administration of Customs, the intellectual property right holder shall attach the following documents and evidence:
(1) A copy of the personal identification certificate, industrial and commercial business license or other registration documents of the intellectual property right holder;
(2) A copy of the Trademark Registration Certificate issued by the Trademark Office of the State Council Administration for Industry and Commerce. Where the applicant is approved to change the registered items of a trademark, renew the registration of a trademark, transfer a registered trademark or apply for the filing of an international registered trademark, it shall also submit the Trademark Registration Certificate issued by the Trademark Office of the State Council Administration for Industry and Commerce; Copy of the certificate of voluntary registration of copyright issued by the copyright registration department and photos of works certified by the copyright registration department. If the applicant fails to take the initiative to register the copyright, it shall submit samples of works that can prove that the applicant is the copyright owner and other relevant evidence of copyright; A copy of the patent certificate issued by the patent administrative department of the State Council. If the patent authorization has been granted for more than 1 year since the date of announcement, a copy of the patent register issued by the patent administration department of the State Council within 6 months before the applicant files an application for filing shall also be submitted. To apply for a patent for utility model or a patent for design for the record, a copy of the search report for utility model patent made by the patent administration department of the State Council or a copy of the announcement for design patent issued by the patent administration department of the State Council shall also be submitted;
(3) Where an intellectual property right holder licenses others to use a registered trademark, exploit a patent and sign a license contract, it shall provide a copy of the license contract; If a license contract is not signed, a written explanation of the licensee, the license scope and the license period shall be submitted;
(4) Photos of commodities and their packages where the intellectual property right holder legally exercises intellectual property rights;
(5) Evidence of known import and export of infringing goods. If the infringement dispute between the intellectual property right holder and others has been handled by the people's court or the competent intellectual property department, copies of relevant legal documents shall also be submitted;
(6) Other documents or evidence deemed necessary by the General Administration of Customs.
The documents and evidence submitted by the intellectual property right holder to the General Administration of Customs in accordance with the provisions of the preceding paragraph shall be complete, true and valid. If the relevant documents and evidence are in a foreign language, a Chinese translation shall be attached. When the General Administration of Customs deems it necessary, it may require the intellectual property right holder to submit the notarization and authentication documents of relevant documents or evidence. Article 8 When applying to the General Administration of Customs for customs protection of intellectual property rights, the intellectual property right holder shall pay the filing fee. When submitting an application for filing to the General Administration of Customs, the intellectual property right holder shall attach a copy of the remittance voucher for filing fee.
The collection standards of filing fees shall be formulated and promulgated by the General Administration of Customs in conjunction with relevant state departments. Article 9 The filing of customs protection of intellectual property rights shall take effect from the date of approval by the General Administration of Customs, and the validity period shall be 10 year. If the validity period of intellectual property rights is less than 10 years from the date of application, the validity period of intellectual property rights shall prevail.
The validity period of filing or extension of filing approved by the General Administration of Customs before the implementation of the Regulations is still calculated according to the original validity period.