The Customs shall protect intellectual property rights in accordance with relevant laws and the provisions of these Regulations, and exercise relevant powers as stipulated in the Customs Law of People's Republic of China (PRC). Article 4 Where an intellectual property right holder requests the Customs to implement intellectual property protection, he shall apply to the Customs for taking protective measures. Article 5 The consignee of import goods or his agent, the consignor of export goods or his agent shall truthfully declare the intellectual property status related to import and export goods to the customs in accordance with state regulations, and submit relevant certification documents. Article 6 When implementing intellectual property protection, the customs shall keep the business secrets of the parties concerned. Chapter II Filing of Intellectual Property Rights Article 7 Intellectual property rights holders may apply to the General Administration of Customs for filing of intellectual property rights in accordance with the provisions of these Regulations; Where an application is filed, an application shall be submitted. The application shall include the following contents:
(1) The name, place of registration or nationality of the intellectual property right holder;
(2) The name, contents and relevant information of the intellectual property;
(three) the exercise of intellectual property license;
(4) Name, place of origin, customs at the place of entry and exit, importers and exporters, main features, price, etc. Commodities where intellectual property rights holders exercise intellectual property rights according to law;
(5) Manufacturers, importers and exporters, entry and exit customs, main features and prices of goods known to infringe intellectual property rights.
Where the application specified in the preceding paragraph contains supporting documents, the intellectual property right holder shall attach supporting documents. Article 8 The General Administration of Customs shall, within 30 working days from the date of receiving all the application documents, make a decision on whether to approve the filing, and notify the applicant in writing; If it is not filed, it shall explain the reasons.
In any of the following circumstances, the General Administration of Customs shall not put it on record:
(a) the application documents are incomplete or invalid;
(2) The applicant is not an intellectual property right holder;
(3) Intellectual property rights are no longer protected by laws and administrative regulations. Article 9 If the Customs discovers that the intellectual property right holder fails to provide relevant information or documents truthfully when applying for intellectual property filing, the General Administration of Customs may cancel the filing. Article 10 The filing of customs protection of intellectual property rights shall take effect as of the date of approval by the General Administration of Customs, and the validity period shall be 10 year.
If the intellectual property right is valid, the intellectual property right holder may apply to the General Administration of Customs for renewal of the filing within 6 months before the expiration of the validity period of the customs protection filing of intellectual property right. The validity period of each renewal filing is 10 year.
Where the filing for customs protection of intellectual property rights fails to apply for renewal at the expiration of the validity period, or the intellectual property rights are no longer protected by laws and administrative regulations, the filing for customs protection of intellectual property rights shall become invalid. Article 11 Where the filing of intellectual property rights is changed, the intellectual property right holder shall, within 30 working days from the date of the change, go through the formalities of filing change or cancellation with the General Administration of Customs.
If the intellectual property right holder fails to go through the formalities of alteration or cancellation in accordance with the provisions of the preceding paragraph, which seriously affects the legitimate import and export of others or the customs performs its supervisory duties according to law, the General Administration of Customs may cancel the relevant filing according to the application of the relevant interested parties, or it may cancel the relevant filing on its own. Chapter III Application for Detention of Suspected Infringement Goods and Its Disposal Article 12 If an intellectual property right holder discovers that the suspected infringing goods are about to be imported or exported, he may apply to the customs at the place where the goods enter or leave the country for detention of the suspected infringing goods. Article 13 Where an intellectual property right holder requests the customs to detain the goods suspected of infringement, he shall submit an application and relevant supporting documents, and provide sufficient evidence to prove the obvious existence of the infringement facts.
The application shall include the following main contents:
(1) The name, place of registration or nationality of the intellectual property right holder;
(2) The name, contents and relevant information of the intellectual property;
(3) Names of the consignee and consignor of the suspected infringing goods;
(four) the name and specifications of the suspected infringing goods;
(5) The port, time and means of transport at which the suspected infringing goods may enter or leave the country.
If the goods suspected of infringing are suspected of infringing the intellectual property rights filed, the application shall also include the customs record number. Article 14 Where an intellectual property right holder requests the Customs to detain the goods suspected of infringement, he shall provide the Customs with a guarantee not exceeding the equivalent value of the goods, so as to compensate the losses that may be caused to the consignee or consignor due to improper application, and pay for the custody, storage and disposal expenses of the goods detained by the Customs; Where the intellectual property right holder directly pays the warehousing fee to the warehouse, it shall be deducted from the guarantee fund. Specific measures shall be formulated by the General Administration of Customs. Article 15 If the intellectual property right holder applies for detaining the suspected infringing goods, which conforms to the provisions of Article 13 of these Regulations and provides guarantee in accordance with the provisions of Article 14 of these Regulations, the customs shall detain the suspected infringing goods, notify the intellectual property right holder in writing, and deliver the customs detention certificate to the consignee or consignor.
If the application of the intellectual property right holder to detain the goods suspected of infringement does not conform to the provisions of Article 13 of these regulations, or fails to provide guarantee in accordance with the provisions of Article 14 of these regulations, the customs shall reject the application and notify the intellectual property right holder in writing.