Measures for the implementation of intellectual property protection in People's Republic of China (PRC)

Chapter I General Provisions Article 1 In order to effectively implement the customs protection of intellectual property rights, these Measures are formulated in accordance with the relevant provisions of the Regulations of People's Republic of China (PRC) on Customs Protection of Intellectual Property Rights (hereinafter referred to as the Customs Protection Regulations). Article 2 In these Measures, the intellectual property rights holders (hereinafter referred to as the rights holders) refer to the copyright owners and licensees of exclusive copyright licenses mentioned in Article 9 of the Copyright Law of People's Republic of China (PRC), the trademark registrants mentioned in Article 3 of the Trademark Law of People's Republic of China (PRC) and the patentees mentioned in Article 6 of the Patent Law of People's Republic of China (PRC). Article 3 When the customs deems it necessary, it may require the consignee or consignor to make a supplementary declaration on the intellectual property status of the goods when going through the customs formalities for import and export goods.

The consignee and consignor shall truthfully declare the intellectual property status of the imported and exported goods according to the requirements of the customs, and attach the documents proving the possession or legal use of the intellectual property.

When the Customs deems it necessary, it may inspect the import and export goods and take samples in accordance with the relevant regulations of People's Republic of China (PRC) Customs. Article 4 When implementing intellectual property protection, the customs shall keep the business secrets of the parties concerned. The parties concerned shall register the contents of business secrets that the customs are required to keep in the written documents submitted to the customs. Chapter II Filing Article 5 An application for customs protection of intellectual property rights shall be filed with the General Administration of Customs by the obligee or his agent. If the obligee has no business premises or office in China, it shall entrust its agent in China to file an application for filing. Article 6 After an intellectual property right holder files an application with the General Administration of Customs, other rights holders need not file another application. Article 7 The obligee or his agent who applies for filing for customs protection of intellectual property rights shall submit corresponding filing applications to the General Administration of Customs respectively according to the nature and commodity category of the intellectual property rights he applies for filing, and attach the documents that shall be submitted for inspection as stipulated in Article 8 of the Regulations on Customs Protection.

Except for the specified matters, the obligee or his agent shall fill in the filing application in Chinese, and ensure that the application documents submitted for examination are true and effective. Foreign language documents submitted for review shall be accompanied by Chinese translation. The obligee or his agent shall also provide physical photos or samples containing the intellectual property rights applied for filing according to the requirements of the General Administration of Customs.

Where the obligee entrusts an agent to file an application for filing, the power of attorney issued by the obligee shall also be submitted. Article 8 When applying for filing, the obligee shall pay the filing fee according to the intellectual property rights and commodity categories for filing. The collection methods and standards of filing fees shall be formulated separately by the General Administration of Customs in conjunction with relevant state-owned departments. Article 9 Where the General Administration of Customs approves the filing application, it shall issue the Filing Certificate for Customs Protection of Intellectual Property Rights (hereinafter referred to as the Filing Certificate) to the obligee.

The General Administration of Customs may issue a copy of the filing certificate to other * * * intellectual property rights holders who have not filed a filing application at their written request. When the obligee applies for preservation measures, the copy of the filing certificate has the same legal effect as the original.

If the application for filing is not accepted, the General Administration of Customs shall notify the obligee in writing and explain the reasons. Article 10 The filing shall take effect as of the date when the General Administration of Customs issues the filing certificate. The filing period is 7 years. If the legal protection period of intellectual property is less than 7 years from the effective date of the application, the validity period of the application shall be subject to the legal protection period of intellectual property. Article 11 After the filing application is approved by the Customs, if the obligee or his agent requests to continue filing due to the expiration of the filing period, he shall apply to the General Administration of Customs for the continuation of filing within 6 months before the expiration of the filing period.

The obligee or his agent shall submit a written application for renewal. Article 12 The General Administration of Customs shall, within 15 days from the date of receiving the application for renewal, make a decision on whether to approve the filing renewal. If it is not extended, the General Administration of Customs shall notify it in writing and explain the reasons.

The renewal record approved by the General Administration of Customs shall take effect on the day after the expiration of the last record.

The renewal record is valid for 7 years. If the legal protection period of intellectual property rights is less than 7 years from the effective date of the application for renewal, the validity period of the application for renewal shall be subject to the legal protection period of intellectual property rights. Article 13 In any of the following circumstances, the obligee or his agent shall go through the formalities for filing and changing intellectual property rights with the General Administration of Customs:

(1) The name or registered address of the obligee has changed;

(two) the license for the use of intellectual property rights has changed;

(3) The situation of products containing intellectual property rights has changed;

(4) The situation of the agent has changed;

(5) Other circumstances that need to be changed.

Where the obligee or his agent applies for the filing change of intellectual property rights, he shall submit the application for filing change, the filing certificate and the supporting documents related to the change of intellectual property rights. Where the change of intellectual property rights must be approved by the relevant competent department of the state in accordance with the regulations, the filing right holder shall also submit the documents approved by the relevant competent department for the change. Article 14 The General Administration of Customs may cancel the registration under any of the following circumstances:

(a) the legal protection of intellectual property rights is declared invalid;

(2) The obligee transfers its intellectual property rights;

(3) The filing obligee waives the customs protection of intellectual property rights for filing;

(four) due to the wrong filing of the obligee or his agent, or the failure to go through the formalities for filing and changing within the prescribed time limit, resulting in a major mistake in customs protection;

(five) the obligee or his agent fails to pay or pay the prescribed fees according to the regulations;

(six) other circumstances that should be cancelled for the record.

After the transfer of intellectual property rights, if the transferee requests the customs to continue to protect the transferred intellectual property rights, it may go through the formalities of filing and alteration in accordance with the provisions of Article 13 of these Measures.