Chapter 1 General Provisions Article 1 In order to effectively implement the "Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights" (hereinafter referred to as the "Regulations"), in accordance with the "Customs Law of the People's Republic of China" 》 and other laws and administrative regulations to formulate these Measures. Article 2 If an intellectual property right holder requests the customs to take intellectual property protection measures or submit an intellectual property protection record to the General Administration of Customs, the domestic intellectual property right holder may directly or entrust a domestic agent to file the application, and the overseas intellectual property right holder may entrust a domestic agent to file the application. An office established within the country or a domestic agent shall submit an application.
If the intellectual property right owner 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 If the intellectual property rights holder and his or her agent (hereinafter collectively referred to as the intellectual property right holder) discovers that goods suspected of infringement are about to be imported or exported, they may apply to the customs to detain the goods suspected of infringement in accordance with the provisions of Chapter 3 of these Measures. If the relevant goods are suspected of infringing upon intellectual property rights that have been registered 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 4 of these Measures. Article 4 Consignees and consignors of imported and exported goods or their agents (hereinafter collectively referred to as consignees and consignees) shall understand the intellectual property status of their imported and exported goods within a reasonable scope. If it is necessary to declare the intellectual property status of its imported and exported goods, the consignee and consignor shall truthfully declare to the customs and submit relevant supporting documents. Article 5 If the relevant documents or evidence submitted by the intellectual property right owner or consignor or consignor to the Customs involve commercial secrets, the intellectual property right owner or consignor or consignor shall provide a written explanation to the Customs.
When implementing intellectual property protection, customs shall keep the commercial secrets of relevant parties. However, this does not include information that the customs must disclose in accordance with the law. Chapter 2 Intellectual Property Registration Article 6 When applying for customs protection registration of intellectual property rights, the intellectual property rights 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 for which it applies for registration. When an intellectual property right owner applies for the filing of an internationally registered trademark, he or she must submit a separate application form for each category of goods for which he or she is applying. Article 7 When an intellectual property right holder submits a filing application to the General Administration of Customs, the following documents and evidence shall be attached: (1) A copy of the intellectual property right holder’s personal identity document and a copy of the industrial and commercial business license or a copy of other registration documents;
(2) A copy of the "Trademark Registration Certificate" issued by the Trademark Office of the Industrial and Commercial Administration Department of the State Council. If the applicant is approved to change trademark registration matters, renew trademark registration, transfer a registered trademark, or apply for the filing of an internationally registered trademark, he or she must also submit a certificate of relevant trademark registration issued by the Trademark Office of the administrative department for industry and commerce under the State Council; a copyright voluntary certificate issued by the copyright registration department A copy of the registration certificate and a photo of the work certified by the copyright registration department. If the applicant has not performed voluntary copyright registration, he or she must submit samples of works that can prove that the applicant is the copyright owner and other evidence related to copyright; a copy of the patent certificate issued by the Patent Administration Department of the State Council. If the patent authorization exceeds 1 year from the date of announcement, a copy of the patent registration book issued by the patent administration department of the State Council within 6 months before the applicant files the application must also be submitted. When applying for utility model patent or design patent filing, a copy of the utility model patent search report issued by the patent administration department of the State Council or a copy of the design patent announcement issued by the patent administration department of the State Council shall also be submitted;
(3) If the intellectual property rights owner licenses others to use registered trademarks, works or implemented patents and signs a license contract, provide a copy of the license contract; if no license contract is signed, submit information about the licensee, license scope, license period, etc. Written explanation;
(4) Photos of the goods and their packaging on which the intellectual property right holder has legally exercised intellectual property rights; (5) Evidence of the import and export of known infringing goods. If the infringement dispute between the intellectual property rights owner and others has been handled by the people's court or the competent intellectual property department, copies of relevant legal documents must also be submitted;
(6) Other matters that the General Administration of Customs deems necessary to submit Documents or evidence.
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, authentic 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 notarization and certification documents for relevant documents or evidence. Article 8 Intellectual property rights holders shall pay the filing fee when applying to the General Administration of Customs for customs protection filing of intellectual property rights. When an intellectual property right owner submits a filing application to the General Administration of Customs, he or she shall attach a copy of the remittance receipt for the filing fee.
The charging standards for filing fees shall be formulated and announced by the General Administration of Customs in conjunction with relevant national departments. Article 9 The filing for customs protection of intellectual property rights shall take effect from the date of approval by the General Administration of Customs and shall be valid for 10 years. If the validity period of the intellectual property rights is less than 10 years from the effective date of the registration, the validity period of the registration shall be based on the validity period of the intellectual property rights.
The validity period of the registration approved by the General Administration of Customs before the implementation of the "Regulations" or the registration approved for renewal will still be calculated based on the original validity period.