Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights (1995)
Updated: 2006-04-18 09:20 Article 30 Any interested party disagreeing with the punishment
decision of Customs may, within 30 days from the date of receiving the
punishment notice, or within 30 days from the date of the announcement of the
punishment decision when the Customs is unable to serve the punishment notice on
parties concerned, apply for reconsideration from the Customs rendering the
punishment decision, or to a higher level Customs department; the Customs
department concerned shall render a reconsideration decision within 90 days
after receiving the reconsideration application. Parties who disagree with the
reconsideration decision may institute action in the local people's court within
30 days after receiving the reconsideration decision.
Concerned parties may
file suit directly in the people's court within 30 days after receiving the
punishment notice, or the announcement of the punishment.
Article 31 If the importation or exportation of infringing goods constitutes
a criminal act, the offender shall be investigated for criminal responsibility
in accordance with the law.
Article 32 Customs officials or staff responsible for enforcing intellectual
property rights protection who are found to have abused their power, willfully
created undue difficulties, neglected their duties, or otherwise engaged in any
malpractice to benefit an interested party, with related circumstances deemed
serious enough to constitute a crime, shall be investigated for criminal
responsibility in accordance with the law; Customs officials or staff engaged in
acts which do not constitute a crime shall be given administrative sanctions in
accordance with the law.
Chapter VI Supplementary Provisions
Article 33 Goods entering or exiting the country as luggage and other
Articles carried or posted by any individual which exceed the amount required
for personal use, or an otherwise reasonable amount, and which infringe on the
intellectual property rights of an owner under the protection of the laws and
administrative regulations of the People's Republic of China, shall be treated
as infringing goods and shall be handled in accordance with relevant provisions
in these Regulations.
Article 34 Customs may charge recording fees and other necessary fees related
to detaining or otherwise handling infringing goods in the course of carrying
out intellectual property rights protection. Specific procedures for charging
related fees shall be formulated by the General Customs Administration in
association with the finance department and the commodity price department of
the State Council.
Article 35 The General Customs Administration shall formulate specific
procedures for applications for recording Customs protection for intellectual
property rights, and for enforcing intellectual property rights protection, as
well as all related forms and documents required.
Article 36 These Regulations shall enter into force as of October
1,1995.
Promulgated by The State Council on 1995-7-5
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