Article 14. Where the right owner requests Customs to detain the
suspected goods, he shall submit to Customs a guarantee not exceeding the value
of the goods in order to compensate the possible losses caused by the undue
application to the consignees or consignors and to pay for the fees of storage,
custody and disposal, etc. of the goods after the detention. Where the right
owner pays these fees directly to the storage traders, the fees shall be
deducted from the guarantee. Specific measures shall be promulgated by the
CGA.
Article 15. Where the right owner applies to detain the suspected
goods in accordance with Article 13 of these Regulations and submit the
guarantee according to Article 14 of these Regulations, Customs shall detain the
suspected goods, notify the right owner in writing and send the detention
receipt to the consignees or consignors.
Where the application to detain the suspected goods filed by the right owner
does not comply with the Article 13 of these Regulations or the right owner does
not submit the guarantee according to the Article 14 of these Regulations,
Customs shall reject the application and notify the right owner in writing.
Article 16. Customs shall notify the right owner immediately when
they discover the goods suspected to infringe recorded intellectual property
rights. Where the right owner files an application according to Article 13 of
these Regulations within three business days after he receives the notice from
Customs and submits the guarantee according to Article 14 of these Regulations,
Customs shall detain the suspected goods and send the detention receipt to the
consignees or consignors. Where the right owner fails to file the application or
submit the guarantee within the time limit, Customs shall not detain the
goods.
Article 17. With the consent of Customs, the right owner and
consignees or consignors may look over the relevant goods.
Article 18. Where the consignee or consignor holds that his goods
have not infringed intellectual property right, he shall file a written
explanation with Customs and provide relevant evidence.
Article 19. Where the consignee or consignor holds that his
imported or exported goods have not infringed patent rights, he may submit a
guarantee equal to the value of the goods to Customs and ask to release the
goods. Where the right owner fails to institute proceedings in the People's
Court in a reasonable period, the Customs shall return the guarantee.
Article 20. Where the right owner requests Customs to detain the
suspected goods after Customs find the imported or exported goods infringing
recorded intellectual property right and notify the right owner, the Customs
shall initiate the investigation and confirmation on the goods whether to
infringe intellectual property rights or not within thirty business days from
the date of their detention. Where it cannot be confirmed, Customs shall notify
the right owner in writing immediately.
Article 21. Where Customs ask for assistance of the relevant
competent departments of intellectual property rights during their investigation
to the detained goods, these departments shall give the assistance.
Where the competent departments of intellectual property rights deal with the
cases related to the imported or exported goods suspected to infringe
intellectual property rights and ask Customs offer assistance, Customs shall
give the assistance.
Article 22. When Customs carry on their investigation to the
suspected goods that are detained, the right owner and the consignees or
consignors shall cooperate with Customs.
Article 23. After the right owner files an application with
Customs to ask for protection, before any legal proceedings are instituted, he
may, according to the China Trademark Law, the China Copyright Law or the China
Patent Law, request the People's Court to issue an order to stop infringing acts
or to take property preservation actions.
Where Customs receive a notification from the People's Court to enforce the
order to stop infringing acts or to take property preservation actions, they
shall give assistance.
Article 24. In any of the following situations, Customs shall
release the suspected goods that are detained:
(1) where Customs have detained the suspected goods according to Article 15
of these Regulations and have not received a notice of assistance on execution
from the People's Court within twenty business days from the date of
detention;
(2) where Customs have detained the suspected goods according to Article 16
of these Regulations and have not received the notice of assistance on execution
from the People's Court within fifty business days from the date of detention,
and they can not confirm that the detained goods have infringed intellectual
property right after investigation;
(3) where the consignees or consignors whose goods have been suspected to
infringe patent right submit a guarantee equal to the value of the goods to
Customs and ask Customs to release their goods;
(4) where Customs consider that the consignees or consignors have sufficient
evidences to prove that their goods have not infringed any intellectual property
rights.
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