Article 21 The customs supervises imported and exported goods and finds that the imported and exported goods involve intellectual property rights registered with the General Administration of Customs and the use of relevant intellectual property rights by importers, exporters or manufacturers has not been reported to the General Administration of Customs. If the goods are filed with the Ministry of Industry and Information Technology, the consignee and consignor may be required to declare the intellectual property rights status of the goods and submit relevant supporting documents within the specified period.
If the consignee or consignee fails to declare the intellectual property rights status of the goods and submit relevant supporting documents in accordance with the provisions of the preceding paragraph or the customs has reason to believe that the goods are suspected of infringing the intellectual property rights registered with the General Administration of Customs, the customs shall suspend the release of the goods and Notify the intellectual property right holder in writing.
Article 22 The intellectual property right holder shall respond in accordance with the following provisions within 3 working days from the date of delivery of the customs written notice stipulated in Article 21 of these Measures:
(1) If the relevant goods are believed to infringe upon the intellectual property rights registered with the General Administration of Customs and require the customs to detain them, a written application shall be submitted to the customs for detaining the suspected infringing goods and the goods shall be detained in accordance with Article 23 or 24 of these Measures. Provide guarantee in accordance with Article 1;
(2) If you believe that the relevant goods do not infringe your intellectual property rights registered with the General Administration of Customs or do not require the customs to detain the suspected infringing goods, you must explain the reasons in writing to the customs.
With the consent of the customs, the intellectual property right holder can inspect the relevant goods.
Article 23 If the intellectual property rights holder requests the customs to detain the goods suspected of infringement in accordance with the provisions of Article 22, paragraph 1, item (1) of these Measures, the intellectual property rights holder shall provide a guarantee to the customs in accordance with the following provisions :
(1) If the value of the goods is less than RMB 20,000, a guarantee equivalent to the value of the goods shall be provided; (2) If the value of the goods is between RMB 20,000 and 200,000, Provide a guarantee equivalent to 50% of the value of the goods, but the guarantee amount shall not be less than RMB 20,000; (3) If the value of the goods exceeds RMB 200,000, provide a guarantee of RMB 100,000.
If an intellectual property right owner requests the customs to detain goods suspected of infringing the exclusive right to use a trademark in accordance with the provisions of Article 22, Paragraph 1, Item (1) of these Measures, he may request the Customs to detain goods suspected of infringing the exclusive right to use a trademark in accordance with Article 24 of these Measures. Provides for the provision of a general guarantee to the General Administration of Customs.
Article 24 The intellectual property right holder of the exclusive right to trademark registered with the General Administration of Customs may, with the approval of the General Administration of Customs, submit a letter of guarantee issued by a bank or non-bank financial institution to the General Administration of Customs for his or her Apply to the customs for trademark exclusive rights and provide general guarantee for customs protection measures.
The total guarantee amount shall be equivalent to the sum of the warehousing, custody and disposal expenses incurred by the intellectual property rights holder after applying to the customs for detaining suspected infringing goods in the previous year; If an application is made to the customs to detain suspected infringing goods or the cost of warehousing, storage and disposal is less than RMB 200,000, the total guarantee amount is RMB 200,000.
From the date when the General Administration of Customs approved its use of the general guarantee to December 31 of that year, the intellectual property right holder requested the Customs to detain the suspected infringement of the intellectual property rights that had been filed with the General Administration of Customs in accordance with Article 16 of the Regulations. For imported and exported goods with registered trademark exclusive rights, there is no need to provide additional guarantees, but the intellectual property rights holder fails to pay relevant fees in accordance with Article 25 of the Regulations or fails to bear the costs in accordance with Article 29 of the Regulations Liability for compensation, except when the General Administration of Customs issues a notice of performance of guarantee liability to the guarantor.
Article 25 The intellectual property right holder files an application in accordance with the provisions of Article 22, Paragraph 1, Item (1) of these Measures and submits an application in accordance with Articles 23 and 24 of these Measures. If a guarantee is provided in accordance with Article 1, the customs shall detain the goods suspected of infringement and notify the intellectual property right holder in writing; if the intellectual property right owner fails to apply or provide a guarantee, the customs shall release the goods.
Article 26 If the customs detains goods suspected of infringement, the detention voucher for the goods suspected of infringement shall be served to the consignee and consignor.
With the consent of the customs, the consignee and consignor can check the goods detained by the customs.
Article 27 After detaining goods suspected of infringement, the customs shall investigate the suspected infringement goods and other relevant circumstances in accordance with the law. Consignees, consignors and intellectual property rights holders shall cooperate with customs investigations and truthfully provide relevant information and evidence.
When customs investigates goods suspected of infringement, they may request the relevant intellectual property authorities to provide advisory opinions.
If the intellectual property right owner and the consignee or consignor reach an agreement on the goods suspected of infringement detained by the customs, and submit a written application to the customs and attach the relevant agreement, requesting the customs to release the goods suspected of infringement, the customs will not detain the goods suspected of infringement. Unless a crime is constituted, the investigation may be terminated.
Article 28 If the customs investigates the detained goods suspected of infringement and is unable to determine whether the goods infringe the relevant intellectual property rights, it shall notify the intellectual property rights holder in writing within 30 working days from the date of detaining the goods suspected of infringement. Right holder and consignor.
If the customs cannot determine whether the goods infringe the relevant patent rights, the consignee and consignor may request the customs to release the goods after providing the customs with a guarantee equivalent to the value of the goods. If the customs agrees to release the goods, it shall comply with the provisions of paragraphs 2 and 3 of Article 20 of these Measures.
Article 29 If the customs cannot determine whether the relevant goods infringe its intellectual property rights, the intellectual property right holder may apply to the People's Court for an order to stop the infringement in accordance with Article 23 of the Regulations. or property preservation measures.
If the customs receives a written notice from the People’s Court to assist in the seizure of relevant goods within 50 working days from the date of detaining the goods suspected of infringement, it shall provide assistance; If the customs is required to release the relevant goods, the customs shall release the goods.
Article 30: If the customs decides to confiscate infringing goods, it shall notify the intellectual property right holder in writing of the following known information: (1) The name and quantity of the infringing goods;
(2) Name of consignor and consignor;
(3) Date of declaration of import and export of infringing goods, date of customs detention and effective date of penalty decision;
( 4) The place of departure and destination of the infringing goods;
(5) Other information related to the infringing goods that the customs can provide.
If the People's Court or the competent intellectual property department handles infringement disputes between relevant parties and requires customs assistance in obtaining evidence related to imported and exported goods, customs shall provide assistance.
Article 31 If the customs discovers that items carried or mailed in and out by individuals are suspected of infringing the intellectual property rights stipulated in Article 2 of the "Regulations" and exceed the reasonable quantity for personal use, they shall be detained. However, passengers or Except where the consignee declares a renunciation to the customs and obtains the consent of the customs.
When customs investigates infringing items, intellectual property rights holders should provide assistance. If inbound and outbound passengers or recipients of inbound and outbound mail believe that the items detained by the customs do not infringe relevant intellectual property rights or are for personal use, they may explain the relevant situation in writing to the customs and provide relevant evidence.
Article 32 If the imported and exported goods or inbound and outbound articles are determined by customs investigation to infringe intellectual property rights, they shall be handled by the customs in accordance with the provisions of Article 27, Paragraph 1 and Article 28 of the Regulations. It shall be confiscated, but if the parties concerned are unable to identify it, it may be confiscated by the Customs after 3 months from the date when the Customs issued the relevant announcement.
If there is any suspicion of a crime involving import and export infringement, the customs shall transfer it to the public security agency in accordance with the law.