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Regulations on the Customs Protection of Intellectual Property Rights of the People's Republic of China (2018 Revision)

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 public interests, in accordance with the "Customs Law of the People's Republic of China", Enact these regulations. Article 2 The term "customs protection of intellectual property rights" as mentioned in these regulations refers to the customs' protection of trademark exclusive rights, copyrights and copyright-related rights and patent rights related to imported and exported goods and protected by the laws and administrative regulations of the People's Republic of China. (hereinafter collectively referred to as intellectual property rights). Article 3 The state prohibits the import and export of goods that infringe intellectual property rights.

The customs implements intellectual property protection in accordance with relevant laws and these Regulations, and exercises relevant powers stipulated in the Customs Law of the People's Republic of China. Article 4 If an intellectual property right owner requests the customs to implement intellectual property protection, he or she shall submit an application to the customs for taking protective measures. Article 5 The consignee of imported goods or his agent, and the consignor of exported goods or his agent shall, in accordance with national regulations, truthfully declare to the customs the status of intellectual property rights related to imported and exported goods and submit relevant supporting documents. Article 6: When implementing intellectual property protection, customs shall keep the commercial secrets of relevant parties. Chapter 2 Registration of Intellectual Property Rights Article 7 Intellectual property rights holders may apply to the General Administration of Customs for the registration of their intellectual property rights in accordance with the provisions of these Regulations; when applying for registration, an application form shall be submitted. The application shall include the following contents:

(1) The name, registration place or nationality of the intellectual property right holder;

(2) The name, content and content of the intellectual property right Relevant information;

(3) Intellectual property license exercise status;

(4) Name, place of origin, entry and exit customs, import and export of goods for which the intellectual property right holder legally exercises intellectual property rights manufacturers, main features, prices, etc.;

(5) Manufacturers, importers and exporters, customs at the entry and exit points, main features, prices, etc. of goods that are known to infringe intellectual property rights.

If the application content specified in the preceding paragraph has supporting documents, the intellectual property right owner shall attach the supporting documents. Article 8 The General Administration of Customs shall make a decision on whether to approve the filing within 30 working days from the date of receipt of all application documents, and notify the applicant in writing; if not, the reasons shall be stated.

The General Administration of Customs will not file the application under any of the following circumstances:

(1) The application documents are incomplete or invalid;

(2) The application People are not the owners of intellectual property rights;

(3) Intellectual property rights are no longer protected by laws and administrative regulations. Article 9 If the customs discovers that the intellectual property rights holder fails to truthfully provide relevant information or documents when applying for intellectual property registration, the General Administration of Customs may revoke the registration. Article 10 The filing for customs protection of intellectual property rights shall take effect from the date the filing is approved by the General Administration of Customs and shall be valid for 10 years.

If 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 of the intellectual property. Each renewal filing is valid for 10 years.

If the validity period of the intellectual property customs protection record expires without applying for renewal or the intellectual property is no longer protected by laws or administrative regulations, the intellectual property customs protection record will immediately become invalid. Article 11 If the intellectual property registration situation changes, the intellectual property right holder shall go through the registration change or cancellation procedures with the General Administration of Customs within 30 working days from the date of change.

If the intellectual property right owner fails to go through the change or cancellation procedures in accordance with the provisions of the preceding paragraph, causing serious impact on the legal import and export of others or the Customs' performance of supervisory duties in accordance with the law, the General Administration of Customs may revoke it based on the application of the relevant interested parties. Relevant filings can also be revoked on the initiative. Chapter 3 Application for Detention of Suspected Infringing Goods and Its Handling Article 12 If the intellectual property right owner discovers that the suspected infringing goods are about to be imported or exported, he may apply to the customs at the place where the goods enter or exit to detain the suspected infringing goods. Article 13 If an intellectual property right owner requests the customs to detain goods suspected of infringement, he shall submit an application and relevant supporting documents, and provide evidence sufficient to prove the obvious existence of the infringement fact.

The application should include the following main contents:

(1) The name, registration place or nationality of the intellectual property rights holder;

(2) The name, content and related information of the intellectual property rights;

(3) Names of consignees and consignors of suspected infringing goods;

(4) Names and specifications of suspected infringing goods etc.;

(5) The ports, time, means of transportation, etc. where the suspected infringing goods may enter or leave the country.

If the suspected infringing goods are suspected of infringing the registered intellectual property rights, the application form should also include the customs registration number. Article 14 If an intellectual property right owner requests the customs to detain goods suspected of infringement, he shall provide the customs with a guarantee not exceeding the equivalent value of the goods to compensate for the losses that may be caused to the consignee or consignor due to improper application, and to pay for the goods. Storage, custody and disposal costs after being detained by the customs; if the intellectual property rights holder pays the storage and storage fees directly to the warehouse, they will be deducted from the guarantee. Specific measures shall be formulated by the General Administration of Customs. Article 15 If an intellectual property right owner applies to detain goods suspected of infringement, which complies with the provisions of Article 13 of these Regulations, and provides a guarantee in accordance with the provisions of Article 14 of these Regulations, the customs shall detain the suspected infringing goods and notify the intellectual property rights owner in writing person, and deliver the customs detention voucher to the consignee or consignor.

If an intellectual property right owner applies to detain goods suspected of infringement and does not comply with the provisions of Article 13 of these Regulations, or fails to provide security in accordance with the provisions of Article 14 of these Regulations, the customs shall reject the application and issue a written Notify intellectual property right holders.