of Intellectual Property Rights (1995)
BIZCHINA / Intellectual property
Regulations of the People's Republic of China on the Customs Protection
of Intellectual Property Rights (1995)
Updated: 2006-04-18 09:20
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with relevant
laws of the People's Republic of China, in order to enforce Customs
protection of intellectual property rights, promote with foreign
countries economic, trade, technological and cultural exchanges and
safeguard social and public interests.
Article 2 These Regulations are applicable to intellectual property
rights, including copyrights, patents and rights to the exclusive use of
trademarks, which are related to the imported and exported goods and
protected by the laws and administrative regulations of the People's
Republic of China.
Article 3 The import or export of the goods which infringe on
intellectual property rights protected by the laws and administrative
regulations of the People's Republic of China (hereinafter referred to as
infringing goods) is forbidden.
Article 4 The Customs Office of the People's Republic of China shall
enforce the protection of intellectual property rights related to
imported or exported goods, and shall exercise relevant powers stipulated
by the Customs Law of the People's Republic of China.
Article 5 Consignees of imported goods or consignors of exported goods
and their registered agents (hereinafter jointly referred to as
consignees or consignors) shall honestly declare the state of
intellectual property rights related to imported or exported goods and
shall submit relevant documents to Customs for verification.
Article 6 Intellectual property rights owners and their registered agents
(hereinafter jointly referred to as intellectual property owners)
requesting Customs to enforce protection of intellectual property related
to imported or exported goods, shall report said intellectual property
rights to Customs for the record, and when necessary shall file an
application with said office for the institution of protective measures.
Article 7 When enforcing the protection of intellectual property rights,
Customs shall protect all trade secrets of the parties concerned.
Chapter II Record
Article 8 Intellectual property rights owners shall submit written
applications to the General Customs Administration when applying to the
Customs Office for the protection of intellectual property rights.
The application shall include:
(1) the title or name, registration place or nationality, domicile, legal
representative and principal place of business of the owner of
intellectual property rights;
(2) registration number, content and period of validity of the registered
trademark, or the number, content and period of validity of the patent,
or content of the copyright;
(3) name and place of production of the goods related to intellectual
property rights;
(4) persons authorized or licensed to use intellectual property rights;
(5) status of principal importing or exporting Customs Office, importer
or exporter, principal features, and normal prices of the goods related
to intellectual property rights;
(6) status of the manufacturer, importer or exporter, principal importing
or exporting Customs Office, principal features and prices of known
infringing goods;
(7) other information the General Customs Administration considers
relevant.
The following documents must be enclosed when submitting applications:
(1) copy of approved identification card, or transcript of registration
certificate of intellectual property owner, or copy attested by
appropriate registration departments;
(2) copy of the registration certificate of the registered trademark,
copy of the announcement of assignment of registered trademark approved
by the Trademark Bureau, or the trademark licensing contract entered in
the records of the Trademark Bureau; or copy of the original certificate,
transcript of patent assignment contract registered with and publicly
announced by the Patent Office, and copy of the licensing contract for
exploitation of patent; or certificate of proof of copyright or other
evidence;
(3) miscellaneous documents the General Customs Administration requires.
Article 9 The General Customs Administration shall, within 30 days upon
receipt of application documents, notify applicants if the application
will be entered in the record. If entered into the record, the General
Customs Administration shall provide a certificate of record of Customs
protection of intellectual property rights; the Administration shall
explain reasons for the failure to enter applications.
Article 10 The record of Customs protection of intellectual property
rights shall take effect on the day said record is approved by the
General Customs Administration. The period of validity shall be 7 years.
Subject to the validity of intellectual property rights, the owner of
said intellectual property rights may apply to the General Customs
Administration for the renewal of record within 6 months prior to the
expiration of the period of validity of the record of Customs protection
of intellectual property rights. The period of validity for each renewal
of record shall be 7 years.
The record of Customs protection of intellectual property rights shall be
invalid if no application for renewal has been filed prior to the
expiration of the period of validity of the record of Customs protection
of intellectual property, or expiration of the legal protection period of
the right to the exclusive use of trademarks, patents or copyrights.
Article 11 If the status of recorded intellectual property rights is
altered, the owner of said intellectual property rights shall complete
all General Customs Administration formalities required for altering or
cancelling the record within 10 days after the day the intellectual
property agency approves the alteration.
Chapter III Applications
Article 12 Intellectual property rights owners who have been entered into
the record of the General Customs Administration may submit an
application requesting that the Customs Office located in site of
importation or exportation adopt protective measures for intellectual
property rights if they suspect infringements of goods entering or
exiting the country.
Article 13 Interested parties shall submit a written application
requesting that Customs institute protective measures for intellectual
property rights.
The application shall include:
(1) name and Customs record number of the intellectual property rights
applicant requests Customs to protect;
(2) name, domicile, legal representative and principal place of business
of the alleged infringer;
(3) information on name and estimated volume of suspected infringing
goods;
(4) location of the probable entry or exit port, time, conveyance and
consignees or consignor of the suspected infringing goods;
(5) related proof of infringement;
(6) measures applicant requests Customs to institute;
(7) miscellaneous information requested by Customs.
Article 14 Applicants requesting that Customs seize suspected infringing
goods should submit a bail bond equal to the CIF price of imported goods
or the FOB price of exported goods.
Article 15 Intellectual property rights owners requesting that Customs
institute protective measures for intellectual property rights not as yet
entered into the records of the General Customs Administration shall
complete all formalities of the record of intellectual property rights in
accordance with the provisions of
Article 8 of these Regulations when applying for same.
Article 16 Customs shall refuse to accept applications requesting that
Customs institute protective measures for intellectual property rights
which fail to conform with relevant provisions in this Chapter.
Chapter IV Investigation and Handling of Cases
Article 17 When acting on the application of intellectual property rights
owners to detain suspected infringing goods, Customs must file a Customs
Detention Receipt, serve same on the consignee or consignor of the goods,
and notify the applicant in writing.
Consignees or consignors claiming that imported or exported goods do not
infringe on the intellectual property rights of the applicant shall,
within 7 days of being served the Customs Detention Receipt, file a
written objection explaining related circumstances. Should the consignee
or consignor fail to file an objection within the prescribed 7 day
period, Customs may, depending on the outcome of an investigation, treat
and deal with proven infringing goods accordingly. Customs shall
immediately notify the applicant in writing of any objection filed by the
consignee or consignor.
The applicant shall have the right to apply to the appropriate
intellectual property rights protection agency requesting that said
agency deal with the infringement dispute, or otherwise take action
concerning the dispute in the people's court within 15 days from the date
the written notification from Customs was served in accordance with the
first paragraph in this Article.
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