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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