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How to protect your intellectual property when importing and exporting

Methods to protect one’s intellectual property rights in the import and export process:

1. The customs shall take the initiative to implement intellectual property rights protection in accordance with legal provisions;

2. The intellectual property right holder applies to the customs for protective measures and requests the customs to implement intellectual property protection;

3. Other methods.

Legal basis

Article 3 of the "Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights"

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 shall submit an application to the customs for taking protective measures.

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 Trademark Law of the People's Republic of China, In accordance with the provisions of the Copyright Law of the People's Republic of China, the Patent Law of the People's Republic of China or other relevant laws, apply to the People's Court for measures to order the cessation of infringement or property preservation measures for 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.