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Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights
chapter I general provisions article 1 these regulations are formulated in accordance with the relevant laws of the people's Republic of China for the purpose of implementing customs protection of intellectual property rights, promoting foreign economic and trade, scientific and cultural exchanges, and safeguarding the interests of the public. Article 2 These Regulations shall apply to intellectual property rights related to inbound and outbound goods and protected by laws and administrative regulations of the People's Republic of China, including trademark exclusive right, copyright and patent right. Article 3 Goods that infringe intellectual property rights protected by laws and administrative regulations of the People's Republic of China (hereinafter referred to as infringing goods) are prohibited from import and export. Article 4 The Customs of the People's Republic of China shall protect the intellectual property rights related to inbound and outbound goods and exercise the relevant powers stipulated in the Customs Law of the People's Republic of China. Article 5 The consignee of import goods or the consignor of export goods and their agents (hereinafter referred to as consignee or consignor) shall truthfully declare the intellectual property rights related to import and export goods to the Customs and submit relevant documents. Article 6 Where intellectual property rights holders and their agents (hereinafter referred to as intellectual property rights holders) request the Customs to protect their intellectual property rights related to inbound and outbound goods, they shall file their intellectual property rights with the Customs and apply to the Customs for taking protective measures when they think it necessary. Article 7 When implementing intellectual property protection, the customs shall keep the business secrets of the parties concerned. Chapter II Filing Article 8 Where an intellectual property right holder applies for customs protection of intellectual property rights for filing, he shall submit a written application to the General Administration of Customs.

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 place of origin of the goods related to intellectual property rights;

(4) persons authorized or licensed to use intellectual property rights;

(5) information about the main entry and exit customs, importers and exporters, main features and normal prices of goods related to intellectual property rights;

(6) the manufacturers, importers and exporters, main entry and exit customs, main features and prices of known infringing goods;

(7) Other information that the General Administration of Customs deems necessary to explain.

When submitting a written application, the following documents shall be attached:

(1) A copy of the identity certificate of the intellectual property right holder or a copy of the registration certificate or a copy certified by the registration authority;

(2) a copy of the registration certificate of the registered trademark, a copy of the announcement that the Trademark Office approved the transfer of the registered trademark or a copy of the registered trademark license contract; 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 exploitation license contract; Or documents or evidence of copyright rights;

(3) Other documents deemed necessary by the General Administration of Customs. Article 9 The General Administration of Customs shall, within 3 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 filing certificate for customs protection of intellectual property rights; If it is not filed, it shall explain the reasons. Article 1 The filing for customs protection of intellectual property rights shall take effect from the date when the General Administration of Customs approves the filing, and the validity period shall be 7 years.

on the premise that the intellectual property rights are valid, the intellectual property rights holder may apply to the General Administration of Customs for renewal of the filing within 6 months before the expiry of the validity period of the customs protection filing of intellectual property rights. The validity period of each renewal filing is 7 years.

if the filing period of customs protection of intellectual property rights expires without applying for renewal or the legal protection period of trademark exclusive right, copyright and patent right expires, the filing period of customs protection of intellectual property rights will become invalid immediately. Article 11 In case of any change in the filing of intellectual property rights, the intellectual property right holder shall go through the formalities of filing change or cancellation with the General Administration of Customs within 1 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 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 of the intellectual property right to be protected and the customs record number;

(2) the name, domicile, legal representative and main business place of the infringement suspect;

(3) the name and specifications of the suspected infringing goods;

(4) relevant information about the port, time, means of transport, consignee or consignor, etc. where the suspected infringing goods may enter or leave the country;

(5) evidence of infringement;

(6) measures requested by the customs;

(7) other contents that the customs deems necessary. Article 14 Where the applicant requests the customs to detain the goods suspected of infringement, he shall submit to the customs a guarantee equivalent to the CIF price of imported goods or the FOB price of exported goods. Article 15 Where an intellectual property right holder requests the Customs to take protective measures for his intellectual property rights that have not been filed with the General Administration of Customs, he shall file an application with the General Administration of Customs for customs protection of intellectual property rights in accordance with the provisions of Article 8 of these Regulations.