Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights

Chapter 1 General Provisions

Article 1 In order to implement customs protection of intellectual property rights and promote foreign economy These regulations are formulated in accordance with the Customs Law of the People's Republic of China to promote trade, scientific, technological and cultural exchanges and safeguard public interests.

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 related rights related to imported and exported goods and protected by the laws and administrative regulations of the People's Republic of China. Protection of copyright-related rights and patent rights (hereinafter collectively referred to as intellectual property rights).

Article 3 The state prohibits the import and export of goods that infringe on 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 holder 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, the customs shall keep the commercial secrets of the parties concerned.

Chapter 2 Recording of Intellectual Property Rights

Article 7 Intellectual property rights holders may apply for recordation of their intellectual property rights to the General Administration of Customs in accordance with the provisions of these Regulations; if applying for recordation, An application should 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 General Administration of Customs approves the filing 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 registered intellectual property rights change, 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.

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 submit a request to the customs at the place where the goods enter or exit. Application to detain goods suspected of infringement.

Article 13 If an intellectual property right owner requests 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 the 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 the consignee or consignor who may be compensated due to improper application. The losses caused, as well as the payment of warehousing, custody and disposal fees after the goods are detained by customs; if the intellectual property rights holder pays the warehousing and custody 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 goods suspected of infringement. For goods, the intellectual property rights holder shall be notified in writing and the customs detention voucher shall be delivered 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.

Article 16 If the customs discovers that imported or exported goods are suspected of infringing the registered intellectual property rights, they shall immediately notify the intellectual property right holder in writing. If the intellectual property right holder files an application in accordance with the provisions of Article 13 of these Regulations within 3 working days from the date of delivery of the notice, 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 them in writing. Notify the intellectual property right holder and deliver the customs detention voucher to the consignee or consignor. If the intellectual property right owner fails to apply or provide guarantee within the time limit, the customs shall not detain the goods.

Article 17 With the consent of the customs, the intellectual property rights holder and the consignee or consignor may inspect the relevant goods.

Article 18 If the consignee or consignor believes that its goods do not infringe the intellectual property rights of the intellectual property right holder, it shall provide a written explanation to the customs and attach relevant evidence.

Article 19 If the consignee or consignor of goods suspected of infringing patent rights believes that his or her imported or exported goods do not infringe patent rights, he or she may request the customs to issue a security deposit equal to the value of the goods to the customs. Release its goods. If the intellectual property rights holder fails to bring a lawsuit to the People's Court within a reasonable period of time, the customs shall return the security deposit.

Article 20: After the customs discovers that the imported and exported goods are suspected of infringing the registered intellectual property rights and notifies the intellectual property right holder, if the intellectual property right holder requests the customs to detain the suspected infringing goods, the customs shall take 30 days from the date of detention. Investigate and determine whether the detained goods suspected of infringement infringe intellectual property rights within three working days; if it cannot be determined, the intellectual property right holder shall be notified in writing immediately.

Article 21: If the customs investigates detained goods suspected of infringement and requests assistance from the intellectual property authorities, the relevant intellectual property authorities shall provide assistance.

If the intellectual property administrative department requests the customs for assistance in handling infringement cases involving imported and exported goods, the customs shall provide assistance.

Article 22 When the customs investigates detained goods suspected of infringement and related circumstances, the intellectual property rights holder and the consignee or consignor shall cooperate.

Article 23 After submitting an application to the customs for protective measures, the intellectual property rights holder may, in accordance with the Trademark Law of the People’s Republic of China and the Copyright Law of the People’s Republic of China, According to the provisions of the Patent Law of the People's Republic of China or the Patent Law of the People's Republic of China, before prosecution, apply to the People's Court for an order to stop the infringement or property preservation measures for the detained suspected infringing goods.

When the customs receives a notice from the people's court regarding assistance in enforcement of an order to stop infringement or property preservation, it shall provide assistance.

Article 24 Under any of the following circumstances, the Customs shall release the detained goods suspected of infringement:

(1) The Customs shall detain the goods in accordance with the provisions of Article 15 of these Regulations If goods suspected of infringement have not been notified of enforcement assistance by the People's Court within 20 working days from the date of detention;

(2) The customs shall detain goods suspected of infringement in accordance with the provisions of Article 16 of these Regulations. If the People’s Court fails to receive a notice of assistance in enforcement within 50 working days from the date of detention, and upon investigation it cannot be determined that the detained suspected infringing goods infringe intellectual property rights;

(3) Goods suspected of infringing patent rights The consignee or consignor requests the customs to release the goods after providing the customs with a security deposit equal to the value of the goods;

(4) The customs believes that the consignee or consignor has sufficient evidence Prove that its goods do not infringe the intellectual property rights of the intellectual property right holder.

Article 25 If the customs detains goods suspected of infringement in accordance with the provisions of these Regulations, the intellectual property rights holder shall pay relevant warehousing, storage and disposal fees. If the intellectual property right holder fails to pay the relevant fees, the customs may deduct it from the guarantee provided to the customs, or require the guarantor to perform relevant guarantee responsibilities.

If goods suspected of infringement are determined to infringe intellectual property rights, the intellectual property right holder may include the relevant warehousing, storage and disposal costs paid by the intellectual property right holder as the reasonable expenses paid to stop the infringement.

Article 26: If the customs implements intellectual property protection and discovers suspected criminal cases, the case shall be transferred to the public security organs for processing in accordance with the law.

Chapter 4 Legal Liability

Article 27 If the detained goods suspected of infringement are determined to infringe intellectual property rights after customs investigation, they shall be confiscated by the customs.

After customs confiscates goods that infringe upon intellectual property rights, the customs shall notify the intellectual property right holder in writing of the relevant circumstances of the goods that infringe upon intellectual property rights.

If the confiscated goods that infringe on intellectual property rights can be used for social welfare undertakings, the customs shall transfer them to the relevant public welfare institutions for social welfare undertakings; if the intellectual property right holder is willing to purchase them, the customs may transfer them to the intellectual property rights holder for a fee. Property rights holder. If the confiscated goods that infringe on intellectual property rights cannot be used for social welfare undertakings and the intellectual property right holder has no intention to purchase them, the customs may auction them in accordance with the law after eliminating the infringing characteristics; if the infringing characteristics cannot be eliminated, the customs shall destroy them.

Article 28 If the items carried or mailed in or out by individuals exceed the reasonable quantity for personal use and infringe the intellectual property rights stipulated in Article 2 of these Regulations, they shall be confiscated by the customs.

Article 29: After the customs accepts the application for filing intellectual property protection and taking intellectual property protection measures, it fails to discover the infringing goods and fails to take protective measures in a timely manner because the intellectual property rights holder fails to provide exact information. If the protection measures adopted are insufficient, the intellectual property rights holder shall bear the responsibility.

After the intellectual property rights holder requests the customs to detain the suspected infringing goods, the customs cannot determine that the detained suspected infringing goods infringe the intellectual property rights of the intellectual property right holder, or the people's court determines that the detained goods do not infringe the intellectual property rights of the intellectual property right holder. , the intellectual property rights holder shall bear liability for compensation in accordance with the law.

Article 30 If the import or export of goods that infringe intellectual property rights constitutes a crime, criminal liability shall be pursued in accordance with the law.

Article 31 If customs staff neglect their duties, abuse their power, engage in malpractice for personal gain when implementing intellectual property rights protection, and a crime is constituted, they shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime, they shall be given administrative sanctions in accordance with the law. .

Chapter 5 Supplementary Provisions

Article 32 If the intellectual property right holder files its intellectual property rights with the General Administration of Customs, it shall pay the filing fee in accordance with relevant national regulations.

Article 33 These Regulations shall come into effect on March 1, 2004. The "Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights" promulgated by the State Council on July 5, 1995 was abolished at the same time. (End)