Chapter 1 General Provisions Article 1 In order to implement customs protection of intellectual property rights, promote foreign economic and trade and scientific and technological cultural exchanges, and safeguard the interests of the public, in accordance with the relevant laws of the People's Republic of China and the People's Republic of China, these regulations are formulated these regulations. Article 2 These Regulations apply to intellectual property rights related to inbound and outbound goods and protected by the laws and administrative regulations of the People's Republic of China, including trademark rights, copyrights and patent rights. Article 3 The import and export of goods that infringe upon intellectual property rights protected by the laws and administrative regulations of the People's Republic of China (hereinafter referred to as infringing goods) are prohibited. Article 4 The Customs of the People's Republic of China shall protect intellectual property rights related to inbound and outbound goods and exercise the relevant powers stipulated in the Customs Law of the People's Republic of China. Article 5 The consignee of imported goods or the consignor of exported goods and their agents (hereinafter collectively referred to as the consignee or consignor) shall truthfully declare to the customs the intellectual property rights related to the imported and exported goods in accordance with the requirements of the customs. Status, submit relevant documents for inspection. Article 6 If intellectual property rights holders and their agents (hereinafter collectively referred to as intellectual property rights holders) require the customs to protect their intellectual property rights related to inbound and outbound goods, they shall record their intellectual property rights with the customs and file them when they deem necessary. Apply to the customs for protective measures. Article 7 When implementing intellectual property protection, customs shall keep the commercial secrets of relevant parties. Chapter 2 Filing Article 8 If an intellectual property rights holder applies for customs protection filing of intellectual property rights, he or she shall submit a written application to the General Administration of Customs.
The application shall include the following contents:
(1) Name, registration place or nationality, residence, legal representative, main business place, etc. of the intellectual property right holder;
(2) The registration number, content and validity period of the registered trademark, the number, content and validity period of the patent authorization, or content related to copyright;
(3) Related to intellectual property rights The name of the goods and their place of origin;
(4) Persons authorized or licensed to use intellectual property rights;
(5) The main entry and exit customs, Importers and exporters, main characteristics, normal prices and other relevant information;
(6) Manufacturers, importers and exporters, main entry and exit customs, main characteristics, prices and other information of known infringing goods;
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(7) Other circumstances that the General Administration of Customs deems should be explained.
The following documents should be attached when submitting a written application:
(1) A copy of the intellectual property right holder’s identity document or a copy of the registration certificate or a copy certified by the registration authority ;
(2) A copy of the registration certificate of the registered trademark, the announcement of the Trademark Office’s approval of the transfer of the registered trademark or a copy of the registered trademark license contract; or a copy of the patent certificate, registered and announced by the Patent Office A copy of the patent transfer contract, a copy of the patent license contract; or documentation or evidence proving copyright rights;
(3) Other documents that the General Administration of Customs deems necessary to attach. Article 9 The General Administration of Customs shall notify the applicant within 30 days from the date of receipt of all application documents whether to approve the filing. If the General Administration of Customs approves the filing, it shall issue a customs protection filing certificate for intellectual property rights; if it disapproves the filing, it shall explain the reasons. Article 10 The filing for customs protection of intellectual property rights shall take effect from the date when the filing is approved by the General Administration of Customs and shall be valid for 7 years.
As long as the intellectual property rights are valid, the intellectual property right holder may apply to the General Administration of Customs for renewal of the record within 6 months before the expiration of the customs protection record for intellectual property rights. Each renewal registration is valid for 7 years.
If the validity period of the intellectual property customs protection record expires without applying for renewal or the legal protection period for trademark exclusive rights, copyrights, and patent rights expires, the intellectual property customs protection record will immediately become invalid. Article 11 If there is a change in the registered intellectual property rights, the intellectual property right holder shall go through the registration change or cancellation procedures with the General Administration of Customs within 10 days from the date of approval of the change by the intellectual property administrative department.
Chapter 3 Application Article 12 If the intellectual property right holder registered with the General Administration of Customs discovers that goods suspected of infringement are about to enter or exit the country, he or she may apply to the customs at the place where the goods enter or exit for intellectual property protection measures. Article 13 To request the customs to take intellectual property protection measures, a written application shall be submitted.
The application should include the following contents:
(1) The name and customs registration number of the intellectual property rights applied for protection;
(2) The name of the infringement suspect, Domicile, legal representative, main business place;
(3) Name, specifications and other relevant information of the suspected infringing goods;
(4) Ports and times at which the suspected infringing goods may enter or exit the country , means of transport, consignee or consignor and other relevant information;
(5) Evidence of relevant infringement;
(6) Request for measures to be taken by customs;
(7) Other content deemed necessary by the Customs. Article 14 If the applicant requests the customs to detain goods suspected of infringement, he shall submit to the customs a security deposit equal to the CIF value of the imported goods or the FOB value of the exported goods. Article 15 If an intellectual property right holder requests the customs to take protective measures for his or her intellectual property rights that have not been registered with the General Administration of Customs, he shall submit an application to the General Administration of Customs and at the same time apply for knowledge to the General Administration of Customs in accordance with the provisions of Article 8 of these Regulations. Property rights customs protection record.