Location:Home > Enforcement > Customs Protect

Customs Protect

Customs Protection

 

    Goods infringing upon intellectual property rights put under protection by laws and administrative decrees of the People's Republic of China will be banned from import and export.

    These Regulations are applicable to intellectual property rights including trademark franchises, copyrights and patents that are related to import and export goods and put under protection by the laws and administrative decrees of the People's Republic of China.

    There are two kinds of Customs Protection: Protect by application and Protect by force.

    Protect by application : The proprietor recorded at the Customs General Administration can, upon discovery of cases of imminent entry or exit of goods suspected of right infringement, apply to local customs offices for taking intellectual property right protection measures.

    Protect by force: Where customs discovers import or export goods that are suspected of infringing upon Intellectual Property Rights that are filed for record, it shall notify the owner of the Intellectual Property Rights immediately in writing. Where, within three working days of the date of delivery of the notification, the owner of the Intellectual Property Rights submits an application according to Article 13 hereof and provides a guarantee according to Article 14 hereof, customs shall impound the goods suspected of infringing upon rights, notify the owner of the Intellectual Property Rights in writing, and deliver a certificate of impoundment by customs to the consignee or consignor. Where the owner of the Intellectual Property Rights fails to submit an application or provide a guarantee within the time limit, customs may not impound the goods.

    Owners of Intellectual Property Rights that request customs to implement protection of Intellectual Property Rights shall submit an application to customs for adoption of protective measures.

 

    The following intellectual property can apply for Customs protection:

    1, Trademark approved by CTMO (service marks excluded);

    2, Trademark approved by International intellectual property organization and designate to China (service marks excluded);

    3, Invention, design, utility model patents approved by SIPO;

    4, Copyright and copyright-related rights owned by members of the <Berne Convention for the Protection of Literary and Artistic Works>.

 

    Required Documents:

    (1) Copy of Business certificate or the identity certificate, with the company seal or the signature;

    (2)Copy of Trademark、Patent、Copyright certificate;

    (3) Power of attorney, with the company seal or the signature (No legalization or notarization is required);

    (4)Application form.

   

    The General Administration of Customs shall, within 30 working days of the date of receipt of all application documents, render a decision on whether to grant approval for record filing, and shall notify the applicant in writing. Where approval for record filing is not granted, the reasons therefor shall be stated.

    A filed record for customs protection of Intellectual Property Rights shall be effective as of the date on which the General Administration of Customs grants approval for record filing, and shall be valid for 10 years.

    Where the Intellectual Property Rights are valid, the owner of the Intellectual Property Rights may, within six months prior to the expiration of the term of validity of the filed record for customs protection of Intellectual Property Rights, apply to the General Administration of Customs for an extension of the filed record. The term of validity of each extension of a filed record shall be 10 years.  


CopyRight T&S IP Law Firm All Right Reserved 版权所有©2008-2021
粤ICP备05022002号