Full and updated customs protection regulations of the people's republic of china on intellectual property
The regulations of the people's republic of china on customs protection of intellectual property rights were adopted by the 30th general meeting of the state council on 26 november 2003 and are now published and are in force as of 1 march 2004. The following is the full text of the updated customs protection regulations of the people's republic of china on intellectual property, which you have prepared for your attention, and which is available for your attention only。
Chapter i general provisions
In order to implement customs protection of intellectual property rights, to promote foreign economic trade and scientific and cultural exchanges, and to safeguard the public interest, these regulations are established in accordance with the customs law of the people's republic of china。
Article ii customs protection of intellectual property rights under these regulations means customs protection of trademarks, copyrights and rights relating to copyrights, patent rights (hereinafter referred to as intellectual property rights) in relation to goods imported or exported and protected by laws and administrative regulations of the people's republic of china。
Article 3 - states prohibit the import and export of goods that infringe on intellectual property rights。
The customs service exercises intellectual property protection in accordance with the relevant laws and the provisions of this regulation, and exercises the relevant powers provided for in the customs law of the people's republic of china。
Article iv. Where an ipr holder requests the customs to enforce ipr protection, he or she shall apply to the customs for protection measures。
Article 5. The consignee of the imported goods or its agents, the consignor of the exported goods or their agents shall, in accordance with national regulations, declare to the customs authorities the state of intellectual property rights relating to the imported and exported goods and submit the relevant supporting documents。
Article vi. Customs protection of intellectual property rights shall be exercised in a manner consistent with the commercial secrecy of the parties concerned。
Chapter ii
Article 7. Intellectual property rights holders may file an application for intellectual property rights with the general customs administration in accordance with the provisions of these regulations; if the application is filed, the application shall be submitted. The application shall include:
(a) the name or name of the holder of the intellectual property right, place of registration or nationality;
(ii) the name, content and relevant information of intellectual property rights;
(iii) status of intellectual property licensing;
(iv) name, place of origin, entry and exit customs, exporter/importer, principal features, price, etc. Of goods in which intellectual property rights are legally exercised by intellectual property rights holders;
(v) known manufacturers, importers and exporters of goods that violate intellectual property rights, customs entry and exit, major features, prices, etc。
If the content of the application under the preceding paragraph is supported by documentary evidence, the person entitled to intellectual property shall attach such documentation。
Article 8. The general customs administration shall, within 30 working days from the date of receipt of all the application documents, take a decision on whether to grant filing and notify the applicant in writing, and if so, give reasons。
The general customs administration shall not file any of the following cases:
(i) the application is incomplete or invalid;
(ii) the applicant is not an intellectual property owner;
(iii) intellectual property rights are no longer protected by law or administrative regulations。
Article 9 if the customs service finds that the intellectual property rights holder has not properly submitted the information or documents in his or her application for intellectual property, the customs administration may withdraw his or her filing。
Article 10 customs protection of intellectual property takes effect on the date of its entry into force by the general customs administration and is valid for 10 years。
Intellectual property rights are valid and the intellectual property rights holder may apply to the general customs administration for a renewal of the record within six months of the expiration of the validity of the customs protection of intellectual property rights. Each renewal is valid for 10 years。
Customs protection of intellectual property ceases to be effective when the period of validity of customs protection of intellectual property expires without an application for renewal or when the intellectual property is no longer protected by law or administrative regulations。
Article 11. In the event of a change in the record of intellectual property, the intellectual property owner shall, within 30 working days from the date of the change, file the change or write-off with the general customs administration。
Chapter iii. Applications for the detention and treatment of goods suspected of infringement
Article 12. When an ipr holder discovers that the goods suspected of being imported or exported are about to be infringed, he or she may apply to the customs service for the seizure of the goods suspected of being infringed。
Article 13. A request by an intellectual property owner to the customs authorities to detain goods suspected of being in violation of the right shall be accompanied by an application and the relevant supporting documentation, together with evidence sufficient to demonstrate that the facts of the violation are apparent。
The application shall include the following main elements:
(a) the name or name of the holder of the intellectual property right, place of registration or nationality;
(ii) the name, content and relevant information of intellectual property rights;
(c) the name of the consignee and consignor of the goods suspected of infringement;
(iv) name, specification, etc. Of goods suspected of infringement;
(v) the port, time, means of transport, etc. At which the goods suspected of violating the law may enter or leave the country。
The application should also include a customs filing number in cases of suspected infringement of intellectual property rights。
Article 14. An ipr holder who requests customs to detain goods suspected of being in conflict with his or her rights shall provide the customs with a guarantee not exceeding the equivalent value of the goods to compensate the consignee, the consignor and the costs of storage, custody and disposal of the goods after they have been detained by the customs, and the ipr holder shall pay the storage, custody and expenses directly to the warehouser, deducted from the guarantee. The modalities are developed by the general customs administration。
If the owner of an intellectual property right applies for the seizure of goods suspected of being in violation, in accordance with article 13 of these regulations, and provides security in accordance with article 14 of these regulations, the customs shall detain the goods suspected of being in violation, notify the owner of the intellectual property right in writing and deliver the customs document to the consignee or consignor。
If an intellectual property owner applies for the detention of goods suspected of being in conflict with the provisions of article 13 of these regulations or fails to provide security in accordance with the provisions of article 14 of these regulations, the customs shall reject the application and notify the intellectual property owner in writing。
Customs shall immediately notify the owner of the intellectual property right in writing if it finds that the goods imported or exported are suspected of violating the registered intellectual property right. If, within three working days from the date on which the notice is served, the owner of an intellectual property right applies in accordance with the provisions of article 13 of these regulations and provides security in accordance with the provisions of article 14 of these regulations, the customs shall detain the goods suspected of infringement, notify the owner of the intellectual property right in writing and deliver the customs document to the consignee or consignor. Customs may not detain goods if the intellectual property owner has failed to file an application or has failed to provide security. (to be continued)
With the consent of customs, the intellectual property rights holder and the consignee or consignor have access to the goods。
Article 18. If the consignee or consignor considers that the goods do not infringe upon the intellectual property rights of the owner of the intellectual property, it shall submit a written statement to the customs office accompanied by relevant evidence。
Article 19 the consignee or the consignor of the goods suspected of violating the patent may request the customs to release the goods if the goods are not imported or exported in violation of the patent. If the owner of an intellectual property right fails to file a complaint with the people's court within a reasonable period of time, the customs shall refund the security。
Article 20. When the customs discovers that goods imported or exported are suspected of violating intellectual property rights and informs the intellectual property rights holder, the intellectual property rights holder requests the customs authorities to detain the goods suspected of violating such rights. The customs authorities shall investigate and determine, within 30 working days from the date of seizure, whether the detained goods suspected of violating the intellectual property rights have been infringed; if this is not possible, the intellectual property rights holder shall be promptly informed in writing。
Article 21. Customs shall investigate detained goods suspected of being in violation and shall provide assistance to the intellectual property authorities concerned if they so request。
The customs service shall assist the intellectual property authorities that request the assistance of customs in cases of infringement involving the import or export of goods。
Article 22. When customs investigations are carried out into the detention of goods suspected of infringement and the circumstances surrounding them, the intellectual property rights holder and the consignee or consignor shall cooperate。
Article 23. Intellectual property rights holders may apply to the people's court for measures ordering the cessation of violations or the preservation of property before filing an application for protection measures with customs, in accordance with the trademark law of the people's republic of china, the copyright law of the people's republic of china or the patent law of the people's republic of china。
The customs shall assist any person who receives a notice of assistance in enforcement from the people's court concerning an order to cease the violation or the preservation of property。
Article 24 customs shall release any goods suspected of being held in violation of the law if:
(i) the customs authorities, in accordance with the provisions of article 15 of these regulations, detain cargo suspected of violating these regulations and have not received a notice of assistance from the people's court for enforcement within 20 working days from the date of such seizure;
(ii) the customs authorities, in accordance with the provisions of article 16 of these regulations, detain goods suspected of violating these rights, and within 50 working days from the date of their seizure, have not received a notice of assistance from the people's court for enforcement, and no investigation has been conducted to conclude that the detained goods suspected of violating these rights violate intellectual property rights;
(iii) the consignee or consignor of the goods suspected of violating the patent right requests the customs to release the goods after providing them with security equivalent to the goods;
(d) if the customs considers that the consignee or consignor has sufficient evidence that its goods do not violate the intellectual property rights of the intellectual property rights holder。
Under article 25 of the regulations, the customs authorities detain goods suspected of infringement, and intellectual property rights holders are required to pay for storage, custody and disposal. If the intellectual property owner fails to pay the costs, the customs may deduct the guarantees it provides to customs or require the guarantor to fulfil its security obligations。
Where the goods suspected of infringement are found to be in violation of intellectual property rights, the intellectual property rights holder may include in its reasonable expenses to stop the infringement the costs of storage, custody and disposal。
Article 26: the customs service shall refer cases of suspected offences to the public security organs in accordance with the law, if they are found to have committed such offences。
