The application shall include the following contents:
(1) The name, place of registration or nationality, domicile, legal representative and main business place of the intellectual property right holder;
(2) The registration number, contents and expiration date of a registered trademark, the number, contents and expiration date of a patent authorization, or the contents related to copyright;
(3) the name and origin of the goods related to intellectual property rights;
(4) Persons authorized or licensed to use intellectual property rights;
(5) Information on the main entry and exit customs, importers and exporters, main features and normal prices of goods related to intellectual property rights;
(6) Manufacturers, importers and exporters, main entry and exit customs, main features and prices of the known infringing goods;
(7) Other information deemed necessary by the General Administration of Customs.
When submitting a written application, the following documents shall be attached:
(1) A copy of the identity certificate or registration certificate of the intellectual property right holder or a copy certified by the registration authority;
(2) A copy of the registration certificate of the registered trademark, a copy of the announcement of the Trademark Office approving the transfer of the registered trademark or a copy of the license contract for the use of the registered trademark; Or a copy of the patent certificate, a copy of the patent transfer contract registered and announced by the Patent Office, and a copy of the patent licensing contract; Or copyright documents or evidence;
(3) Other documents deemed necessary by the General Administration of Customs. Article 9 The General Administration of Customs shall, within 30 days from the date of receiving all the application documents, notify the applicant whether to approve the filing. If the General Administration of Customs approves the filing, it shall issue a certificate of filing for customs protection of intellectual property rights; If it is not filed, it shall explain the reasons. Article 10 The filing for customs protection of intellectual property rights shall take effect as of the date of approval by the General Administration of Customs, with a validity period of 7 years.
On the premise that the intellectual property right is valid, the intellectual property right holder may apply to the General Administration of Customs for renewal of the filing within 6 months before the expiration of the validity period of the filing of intellectual property protection. The validity period of each renewal filing is 7 years.
Where the filing of intellectual property customs protection fails to apply for renewal or the legal protection period of trademark exclusive right, copyright and patent right expires, the filing of intellectual property customs protection shall become invalid. Article 11 Where the filing of intellectual property rights is changed, the intellectual property right holder shall go through the formalities of filing change or cancellation with the General Administration of Customs within 10 days from the date when the change is approved by the competent intellectual property department. Chapter III Application Article 12 If an intellectual property right holder who has been filed with the General Administration of Customs finds that the goods suspected of infringement are about to enter or leave the country, he may apply to the customs at the place where the goods enter or leave the country for intellectual property protection measures. Article 13 Anyone who requests the customs to take measures to protect intellectual property rights shall submit a written application.
The application shall include the following contents:
(1) The name and customs record number of the intellectual property right for which protection is applied;
(2) The name, domicile, legal representative and main business place of the infringement suspect;
(three) the name, specifications and other relevant information of the suspected infringing goods;
(4) Port, time, means of transport, consignor and other relevant information. Where the suspected infringing goods may enter or leave the country;
(5) Evidence of infringement;
(6) Measures required by the customs;
(7) Other contents deemed necessary by the customs. Article 14 Where an applicant requests the Customs to detain the goods suspected of infringement, he shall submit a deposit equivalent to the CIF price of imported goods or the FOB price of exported goods to the Customs. Article 15 Where an intellectual property right holder requests the Customs to take protective measures for intellectual property rights that he has not filed with the General Administration of Customs, he shall apply to the General Administration of Customs for customs protection of intellectual property rights in accordance with the provisions of Article 8 of these Regulations.