BIZCHINA / Intellectual property

Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights (1995)

Updated: 2006-04-18 09:20

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with relevant laws of the People's Republic of China, in order to enforce Customs protection of intellectual property rights, promote with foreign countries economic, trade, technological and cultural exchanges and safeguard social and public interests.

Article 2 These Regulations are applicable to intellectual property rights, including copyrights, patents and rights to the exclusive use of trademarks, which are related to the imported and exported goods and protected by the laws and administrative regulations of the People's Republic of China.

Article 3 The import or export of the goods which infringe on intellectual property rights protected by the laws and administrative regulations of the People's Republic of China (hereinafter referred to as infringing goods) is forbidden.

Article 4 The Customs Office of the People's Republic of China shall enforce the protection of intellectual property rights related to imported or exported goods, and shall exercise relevant powers stipulated by the Customs Law of the People's Republic of China.

Article 5 Consignees of imported goods or consignors of exported goods and their registered agents (hereinafter jointly referred to as consignees or consignors) shall honestly declare the state of intellectual property rights related to imported or exported goods and shall submit relevant documents to Customs for verification.

Article 6 Intellectual property rights owners and their registered agents (hereinafter jointly referred to as intellectual property owners) requesting Customs to enforce protection of intellectual property related to imported or exported goods, shall report said intellectual property rights to Customs for the record, and when necessary shall file an application with said office for the institution of protective measures.

Article 7 When enforcing the protection of intellectual property rights, Customs shall protect all trade secrets of the parties concerned.
 
Chapter II Record

Article 8 Intellectual property rights owners shall submit written applications to the General Customs Administration when applying to the Customs Office for the protection of intellectual property rights.
The application shall include:
(1) the title or name, registration place or nationality, domicile, legal representative and principal place of business of the owner of intellectual property rights;
(2) registration number, content and period of validity of the registered trademark, or the number, content and period of validity of the patent, or content of the copyright;
(3) name and place of production of the goods related to intellectual property rights;
(4) persons authorized or licensed to use intellectual property rights;
(5) status of principal importing or exporting Customs Office, importer or exporter, principal features, and normal prices of the goods related to intellectual property rights;
(6) status of the manufacturer, importer or exporter, principal importing or exporting Customs Office, principal features and prices of known infringing goods;
(7) other information the General Customs Administration considers relevant.
The following documents must be enclosed when submitting applications:
(1) copy of approved identification card, or transcript of registration certificate of intellectual property owner, or copy attested by appropriate registration departments;
(2) copy of the registration certificate of the registered trademark, copy of the announcement of assignment of registered trademark approved by the Trademark Bureau, or the trademark licensing contract entered in the records of the Trademark Bureau; or copy of the original certificate, transcript of patent assignment contract registered with and publicly announced by the Patent Office, and copy of the licensing contract for exploitation of patent; or certificate of proof of copyright or other evidence;
(3) miscellaneous documents the General Customs Administration requires.

Article 9 The General Customs Administration shall, within 30 days upon receipt of application documents, notify applicants if the application will be entered in the record. If entered into the record, the General Customs Administration shall provide a certificate of record of Customs protection of intellectual property rights; the Administration shall explain reasons for the failure to enter applications.
Article 10 The record of Customs protection of intellectual property rights shall take effect on the day said record is approved by the General Customs Administration. The period of validity shall be 7 years.
Subject to the validity of intellectual property rights, the owner of said intellectual property rights may apply to the General Customs Administration for the renewal of record within 6 months prior to the expiration of the period of validity of the record of Customs protection of intellectual property rights. The period of validity for each renewal of record shall be 7 years.
The record of Customs protection of intellectual property rights shall be invalid if no application for renewal has been filed prior to the expiration of the period of validity of the record of Customs protection of intellectual property, or expiration of the legal protection period of the right to the exclusive use of trademarks, patents or copyrights.

Article 11 If the status of recorded intellectual property rights is altered, the owner of said intellectual property rights shall complete all General Customs Administration formalities required for altering or cancelling the record within 10 days after the day the intellectual property agency approves the alteration.
 
Chapter III Applications

Article 12 Intellectual property rights owners who have been entered into the record of the General Customs Administration may submit an application requesting that the Customs Office located in site of importation or exportation adopt protective measures for intellectual property rights if they suspect infringements of goods entering or exiting the country.

Article 13 Interested parties shall submit a written application requesting that Customs institute protective measures for intellectual property rights.
The application shall include:
(1) name and Customs record number of the intellectual property rights applicant requests Customs to protect;
(2) name, domicile, legal representative and principal place of business of the alleged infringer;
(3) information on name and estimated volume of suspected infringing goods;
(4) location of the probable entry or exit port, time, conveyance and consignees or consignor of the suspected infringing goods;
(5) related proof of infringement;
(6) measures applicant requests Customs to institute;
(7) miscellaneous information requested by Customs.
Article 14 Applicants requesting that Customs seize suspected infringing goods should submit a bail bond equal to the CIF price of imported goods or the FOB price of exported goods.

Article 15 Intellectual property rights owners requesting that Customs institute protective measures for intellectual property rights not as yet entered into the records of the General Customs Administration shall complete all formalities of the record of intellectual property rights in accordance with the provisions of

Article 8 of these Regulations when applying for same.

Article 16 Customs shall refuse to accept applications requesting that Customs institute protective measures for intellectual property rights which fail to conform with relevant provisions in this Chapter.
 
Chapter IV Investigation and Handling of Cases

Article 17 When acting on the application of intellectual property rights owners to detain suspected infringing goods, Customs must file a Customs Detention Receipt, serve same on the consignee or consignor of the goods, and notify the applicant in writing.
Consignees or consignors claiming that imported or exported goods do not infringe on the intellectual property rights of the applicant shall, within 7 days of being served the Customs Detention Receipt, file a written objection explaining related circumstances. Should the consignee or consignor fail to file an objection within the prescribed 7 day period, Customs may, depending on the outcome of an investigation, treat and deal with proven infringing goods accordingly. Customs shall immediately notify the applicant in writing of any objection filed by the consignee or consignor.
The applicant shall have the right to apply to the appropriate intellectual property rights protection agency requesting that said agency deal with the infringement dispute, or otherwise take action concerning the dispute in the people's court within 15 days from the date the written notification from Customs was served in accordance with the first paragraph in this Article.


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