Implementation Measures of the Customs of the People's Republic of China on the "Regulations of the Customs Protection of Intellectual Property Rights of the People's Republic of China" (revised in 20

Implementation Measures of the Customs of the People's Republic of China on the "Regulations of the Customs Protection of Intellectual Property Rights of the People's Republic of China" (revised in 2018)

Chapter 1 General Provisions Article 1 In order to effectively implement the "Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights" (hereinafter referred to as the "Regulations"), in accordance with the "Customs Law of the People's Republic of China" 》 and other laws and administrative regulations to formulate these Measures. Article 2 If an intellectual property right holder requests the customs to take intellectual property protection measures or submit an intellectual property protection record to the General Administration of Customs, the domestic intellectual property right holder may directly or entrust a domestic agent to file the application, and the overseas intellectual property right holder shall submit the application through his or her agent. An office established within the territory of China or a domestic agent entrusted to submit the application.

If the intellectual property right owner entrusts a domestic agent to file an application in accordance with the provisions of the preceding paragraph, he shall issue a power of attorney in the prescribed format. Article 3 If an intellectual property right owner and his or her agent (hereinafter collectively referred to as an intellectual property right owner) requests the customs to detain suspected infringing goods that are about to be imported or exported, they shall submit an application to the customs to detain the suspected infringing goods in accordance with the relevant provisions of these Measures. Article 4 Consignees and consignors of imported and exported goods or their agents (hereinafter collectively referred to as consignees and consignees) shall understand the intellectual property status of their imported and exported goods within a reasonable scope. If the customs requires declaration of the intellectual property status of imported and exported goods, the consignee and consignor shall truthfully declare to the customs and submit relevant supporting documents within the time limit specified by the customs. Article 5 If the relevant documents or evidence submitted by the intellectual property right owner or consignor or consignor to the Customs involve commercial secrets, the intellectual property right owner or consignor or consignor shall provide a written explanation to the Customs.

When implementing intellectual property protection, the customs shall keep the commercial secrets of relevant parties, except for information that the customs shall disclose in accordance with the law. Chapter 2 Intellectual Property Rights Recording Article 6 If an intellectual property rights holder applies to the General Administration of Customs for customs protection filing of intellectual property rights, he or she shall submit an application form to the General Administration of Customs. The application shall include the following contents:

(1) The name, registration place or nationality, mailing address, contact name, telephone and fax number, email address, etc. of the intellectual property right holder.

(2) The name of the registered trademark, the category and name of the goods approved for use, the trademark graphic, the registration validity period, the transfer, change and renewal of the registered trademark, etc.; the name of the work, the time when the creation was completed , the category of the work, the picture of the work, the transfer and change of the work, etc.; the name, type, application date of the patent right, the transfer and change of the patent right, etc.

(3) Licensee’s name, licensed products, license period, etc.

(4) The name, place of origin, customs at the place of entry and exit, importers and exporters, main characteristics, prices, etc. of the goods for which the intellectual property right holder legally exercises intellectual property rights.

(5) Manufacturers, importers and exporters, customs at the place of entry and exit, main characteristics, prices, etc. of goods that are known to infringe intellectual property rights.

The intellectual property right holder shall submit a separate application for each intellectual property right for which it applies for registration. When an intellectual property right owner applies for the filing of an internationally registered trademark, he or she must submit a separate application form for each category of goods for which he or she is applying. Article 7 When an intellectual property right holder submits a filing application to the General Administration of Customs, the following documents and evidence shall be attached: (1) Identity document of the intellectual property right holder.

(2) A copy of the "Trademark Registration Certificate" issued by the Industrial and Commercial Administration Department of the State Council. Applicants who have been approved to change trademark registration matters, renew trademark registration, transfer registered trademarks, or apply for international trademark registration shall also submit relevant trademark registration certificates issued by the industrial and commercial administration department of the State Council; and voluntary copyright registration certificates issued by the copyright registration department. A copy of the work and a photo of the work certified by the copyright registration department. If the applicant has not performed voluntary copyright registration, he or she must submit samples of works that can prove that the applicant is the copyright owner and other evidence related to copyright; a copy of the patent certificate issued by the Patent Administration Department of the State Council.

If the patent authorization exceeds 1 year from the date of announcement, a copy of the patent registration book issued by the patent administration department of the State Council within 6 months before the applicant submits the filing application shall also be submitted; if the applicant applies for utility model patent or design patent filing, a copy of the patent registration book shall also be submitted. Submit a patent right evaluation report made by the patent administration department of the State Council.

(3) If the intellectual property rights owner licenses others to use registered trademarks, works or implemented patents and signs a license contract, provide a copy of the license contract; if no license contract is signed, submit relevant information about the licensee, license A written description of the scope and duration of the license, etc.

(4) Photos of the goods and their packaging on which the intellectual property right holder has legally exercised intellectual property rights.

(5) Evidence of known import and export of infringing goods. If the infringement dispute between the intellectual property right owner and others has been handled by the people's court or the competent intellectual property department, copies of relevant legal documents must also be submitted.

The documents and evidence submitted by the intellectual property right holder to the General Administration of Customs in accordance with the provisions of the preceding paragraph shall be complete, authentic and valid. If the relevant documents and evidence are in a foreign language, a Chinese translation shall be attached. When the General Administration of Customs deems it necessary, it may require the intellectual property right holder to submit notarization and certification documents for relevant documents or evidence. Article 8 If an intellectual property right owner applies to the General Administration of Customs for customs protection filing of intellectual property rights or re-applies to the General Administration of Customs for filing after the filing has expired, he shall pay the filing fee. The intellectual property right holder shall remit the registration fee to the account designated by the General Administration of Customs through the bank. If the General Administration of Customs collects the filing fee, it shall issue a receipt. The charging standards for filing fees will be separately formulated and announced by the General Administration of Customs in conjunction with relevant national departments.

If the intellectual property right owner applies for registration renewal or change, he does not need to pay the registration fee.

If the intellectual property rights holder withdraws the filing application before approval by the General Administration of Customs or the filing application is rejected, the General Administration of Customs shall refund the filing fee. If the registration that has been approved by the General Administration of Customs is canceled or revoked by the General Administration of Customs or becomes invalid due to other reasons, the registration fee paid will not be refunded.