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


(Adopted at the 30th Executive Meeting of the State Council on November 26, 2003, promulgated by Decree No. 395 of the State Council of the People’s Republic of China on December 2, 2003, and effective as of March 1, 2004)


Chapter I General Provisions


Article 1 These Regulations are formulated in accordance with the Customs Law of the People’s Republic of China for the purposes of providing customs protection for intellectual property rights, promoting foreign trade and international scientific, technological and cultural exchanges and safeguarding public interests.


Article 2 Customs protection of intellectual property rights in these Regulations means the protection provided by the Customs for the exclusive rights to use a trademark, copyrights and their related rights, and patent rights (hereinafter referred to as intellectual property rights) related to import or export goods and protected under the laws and administrative regulations of the People’s Republic of China.


Article 3 The State prohibits the importation and exportation of goods which infringe intellectual property rights.


The Customs provides protection for intellectual property rights in accordance with the provisions of relevant laws and these Regulations, and exercises relevant powers under the Customs Law of the People’s Republic of China.


Article 4 The holder of an intellectual property right, where requesting the Customs to provide protection for his intellectual property right, shall submit an application to the Customs for taking protective measures.


Article 5 The consignees of import goods or their agents, and the consignors of export goods or their agents shall truthfully declare the status of intellectual property rights related to their import or export goods and present relevant evidentiary documents to the Customs in accordance with the provisions of the State.


Article 6 When providing protection for intellectual property rights, the Customs shall keep the confidentiality of commercial secrets of the interested parties.


Chapter II Recordation of Intellectual Property Rights


Article 7 The holder of an intellectual property right may apply for recordation with the General Administration of Customs of his intellectual property right in accordance with the provisions of these Regulations; when applying for the recordation, he shall present a written application. The application shall include the following particulars:


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


(2) the name, contents and any other relevant information relating to the intellectual property right;


(3) the status quo relating to licensing of the intellectual property right;


(4) the name, origin, Customs at the port of entry or exit, importer or exporter, main features and prices, etc. of the goods on which the holder of the intellectual property right lawfully exercises his right;


(5) the manufacturers, importers or exporters, Customs at the port of entry or exit, main features and prices, etc. of the goods that infringe the intellectual property right, as far as it is known.


Where there are evidentiary documents in the contents of the application referred to in the preceding paragraph, the holder of the intellectual property right shall attach evidentiary documents.


Article 8 The General Administration of Customs shall, within 30 working days from the date of receipt of all the application documents, make a decision on whether or not to grant the recordation and shall notify the applicant in writing; where the recordation is not granted, reasons thereof shall be explained.


Under any of the following circumstances, the General Administration of Customs shall not grant the recordation:


(1) where the application documents are incomplete or invalid;


(2) where the applicant is not the holder of the intellectual property right;


(3) where the intellectual property right is no longer protected under laws or administrative regulations.


Article 9 The General Administration of Customs may revoke a recordation where the Customs finds that the holder of an intellectual property right has not truthfully provided the relevant information or documents in the course of applying for the recordation of the intellectual property right.


Article 10 A recordation for customs protection of an intellectual property right shall be valid from the date on which the General Administration of Customs grants the recordation and shall be valid for a term of 10 years.


The holder of the intellectual property right may apply to the General Administration of Customs for renewal of the recordation for customs protection of the intellectual property right within six months prior to the expiration of its term of validity, where the intellectual property right is valid. Each renewal of a recordation shall be valid for a term of 10 years.


A recordation for customs protection of an intellectual property right shall cease to be valid immediately where no application is presented for renewal of the recordation for customs protection of the intellectual property right upon expiration of its term of validity, or where the intellectual property right is no longer protected under laws or administrative regulations.


Article 11 Where there is any change in respect of a recorded intellectual property right, the holder of the intellectual property right shall go through the procedures of modification or cancellation of recordation with the General Administration of Customs within 30 working days from the date of occurrence of such change.


Chapter III Application for Detention of Suspected Infringing Goods and Disposal Thereof


Article 12 Where discovering the suspected infringing goods pending importation or exportation, the holder of an intellectual property right may present an application with the Customs at the port of entry or exit for detaining such goods.


Article 13 Where requesting the Customs to detain the suspected infringing goods, the holder of an intellectual property right shall present a written application and relevant evidentiary documents, and provide as well any evidence that sufficiently proves the obvious existence of the fact of infringement.


An application shall mainly include the following particulars:


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


(2) the name, contents and any other relevant information relating to the intellectual property right;


(3) the names of the consignee and consignor of the suspected infringing goods;


(4) the names, specifications, etc. of the suspected infringing goods;


(5) the possible ports, time, means of transport, etc. related to the importation or exportation of the suspected infringing goods.


The application shall include the number of customs recordation in addition where the goods are suspected of infringing a recorded intellectual property right.



STATEMENT

General Administration of Quality Supervision Inspection and Quarantine AQSIQ Organization

No.68.ShunAn South Road,MaPo District,ShunYi District,BeiJing Post Code: 101300