General Administration of Customs Decree No. 183

"China Customs on <Regulations on Customs Protection of Intellectual Property Rights> implementation approach" was February 17, 2009 by the General Administration of Customs through the Department of Finance meeting, are hereby promulgated, from July 1, 2009 onwards implementation. May 25, 2004 General Administration of Customs Decree No. 114 published in "China Customs on <Regulations on Customs Protection of Intellectual Property Rights> the implementation of the measures" shall be repealed simultaneously.
Director Sheng Guangzu
March 3, 2009

China Customs on the "People's Republic of
Customs Protection of Intellectual Property Rights "means of implementation

Chapter I General Provisions

In order to effectively implement the first "Regulations on Customs Protection of Intellectual Property Rights" (hereinafter referred to as "Regulations"), under the "Customs Law" and other laws and administrative regulations, development of this approach.
The second intellectual property right to request the Customs to take measures for protection of intellectual property or to the General Administration of Customs for the record of customs protection of intellectual property, intellectual property rights within the territory directly or entrust an agent within the application, who should be its intellectual property rights outside the established within the office or commission agents within the application.
Intellectual property rights in accordance with the preceding paragraph, the territory entrusted to the agent making the application, shall issue the prescribed form Power of Attorney.
Article intellectual property rights and their agents (hereinafter collectively referred to as intellectual property rights) will request the Customs detain the suspected infringing goods imported or exported, this approach should be based on relevant provisions of the Customs to detain the suspected infringing goods applications.
Article import and export cargo consignor or his agent (hereinafter referred to as the consignor or consignee) shall within a reasonable understanding of its import and export of intellectual property rights situation. Customs declaration of import and export of intellectual property rights situation demands, the consignee or consignor shall within the period specified in the customs declaration truthfully and submit customs documents.
Article intellectual property rights or the consignor or consignee to submit to the customs of the relevant documents or evidence related to trade secrets, intellectual property rights or the consignee or consignor shall explain in writing to the Customs.
Customs enforcement of intellectual property protection, should be conservative trade secrets of the parties concerned, the customs shall, except public information.

Chapter intellectual property rights for the record

Article intellectual property rights to the Customs Department for IPR customs protection for the record, it shall submit an application to the General Administration of Customs. The application shall include the following:
(A) the person's name or intellectual property rights of the name, registration or nationality, address, contact name, telephone and fax numbers, e-mail address.
(B) the registered trademark name, approved the use of categories of goods and trade names, trademarks, graphics, registration is valid, registered trademark of the transfer, change, renewal and so on; title of the work, time for completion of its creation, the type of work, work pictures , work assignment, change and so on; patent name, type, date of application, patent assignment, change and so on.
(C) the name of the licensee, licensed merchandise, licensing deadlines.
(D) intellectual property rights of the legitimate exercise of intellectual property rights of the name, origin, and out of the Customs, importers and exporters, the main features, and prices.
(E) known infringement of intellectual property goods manufacturers, importers and exporters, customs and out of position, the main features, and prices.
Intellectual property rights shall apply for the record on each of its intellectual property to submit a separate application. International intellectual property rights to apply for trademark registration filed, it shall apply for each class of its goods to submit a separate application.
Article intellectual property rights filed an application submitted to the General Administration of Customs, shall be accompanied by the following documents and evidence:
(A) Intellectual Property Rights a copy of personal ID card, copy of business license or other copies of registration documents.
(B) of the State Council administrative department for industry and commerce and Trademark Office issued the "Trademark Registration" copy. Approved changes to the applicant for trademark registration matters, renewal of trademark registration, trademark registration or application for the transfer of trademark international registration record shall also be submitted to the State Council administrative department for industry and commerce and Trademark Office issued the trademark registration certificate; copyright voluntary copyright registration issued by the department copy of registration certificate of copyright registration department and certified by the works of photos. The applicant is not the voluntary registration of copyright, the applicants submitted for the copyright holder can prove the work samples and other evidence relating to copyright; patent administration department under the State Council issued a copy of the patent certificate. Patents from the date of the announcement more than 1 year should also be submitted to the State Council administrative department in the applicant the patent application filed within six months before the issue of copies of patent registration; patent application for utility model or design patent filing, should also be submitted by the patent administration department under the State Council to make the patent evaluation report.
(C) intellectual property rights to authorize others to use the registered trademark, or patent work, signed a licensing contract to provide a copy of the license contract; signed a license contract is not submitted to the relevant licensees, to the extent permitted and the license period and other conditions written instructions.
(D) intellectual property rights of the legitimate exercise of intellectual property goods and their packaging photos.
(E) import and export of infringing goods known evidence. Intellectual property rights and other disputes between the infringement of intellectual property rights have been the people's court or the competent authorities shall also submit copies of relevant legal instruments.
(F) General Administration of Customs that the need to submit documents or other evidence.
Intellectual property rights under the preceding paragraph shall be submitted to the Customs documents and evidence should be complete, true and effective. Relevant documents and evidence in a foreign language, Chinese translations should be attached. General Administration of Customs deems necessary, may require intellectual property rights to submit the relevant documents or evidence, notarization, authentication instruments.
Article VIII of intellectual property rights apply to the General Administration of Customs on Customs Protection of Intellectual Property Rights or record again after the failure of the record to the Customs Department for the record, it shall pay the filing fee. Intellectual property rights shall remit the filing fee by the bank account designated by Customs. Customs charge filing fees, shall issue a receipt. Standard filing fee charged by the General Administration of Customs in conjunction with national authorities to develop and publish separately.
Record of intellectual property rights to apply for renewal or change, no longer need to pay the filing fee.
Intellectual property rights in the General Administration of Customs approved or withdrawn before the filing of its application for filing an application is rejected, the General Administration of Customs shall refund the filing fee. The record has been approved by General Administration of Customs General Administration of Customs canceled, revoked or otherwise invalid, the filing fee has been paid is not refundable.
Customs Protection of Intellectual Property Rights Article IX General Administration of Customs approved filing from the date of filing, a period of 10 years. Since the effective date of filing the validity of intellectual property less than 10 years, the record is valid subject to the validity of intellectual property rights.
"Regulations" before the implementation of approved by the General Administration of Customs approved the renewal of the record or the record is valid based upon the original validity period of the calculation.
Article customs protection of intellectual property rights record before the expiry of six months, intellectual property rights can be made to the General Administration of Customs a written application for renewal of the record with the following documents. General Administration of Customs shall receive all documents from the date of the renewal application within 10 working days to make the decision whether to grant the renewal, and written notice of intellectual property rights; not renewed, it shall state the reasons.
Since the filing of the renewal period expires the last day filing effective starting date, valid for 10 years. Validity of intellectual property since the last record from the day after the expiration of less than 10 years, the renewal period to record the validity of intellectual property rights prevail.
Article XI filing IPR customs protection approved by the General Administration of Customs, in accordance with Article 6 of this application submitted to the customs of the content changes, intellectual property rights should be changed since the date of Customs within 30 working days proposed changes to the record of the application and related documents.
Article XII of intellectual property before the expiry of the filing no longer subject to laws and administrative regulations of intellectual property protection or the record is transferred, the original record of intellectual property rights shall no longer subject to intellectual property laws, administrative regulations or the transfer of effective protection within 30 working days from the date of the Customs General Administration of Customs Protection of Intellectual Property Rights filed for cancellation of the application and related documents. Intellectual property rights in the record to give up the life of the record, you can apply for cancellation of the record to the General Administration of Customs.
Not based on Article 11 and the preceding paragraph of this section apply to the General Administration of Customs for the record to change or cancellation, to others a serious impact on the legal import and export, the Customs Department can take the initiative or to apply for cancellation in accordance with relevant stakeholders on intellectual property record.
Customs off the record, it shall notify in writing the intellectual property rights, IPR customs protection from the filing date of cancellation of Customs failure.
Article XIII Administration of Customs under the "Regulations" Article IX provides for the removal record of customs protection of intellectual property, intellectual property rights shall be in writing.
Customs revoked the record, intellectual property rights from the record to be removed within one year from the date of filing of intellectual property was revoked again for the record, the General Administration of Customs can not be accepted.

Application for detention in accordance with Chapter III

Article XIV of intellectual property rights that the suspected infringing goods and the customs import and export will be detained, should be based on the "Regulations" provisions of Article XIII of the Customs to the goods out of the submission of applications. General Administration of Customs on intellectual property is not in the record, intellectual property rights should also be enclosed with the first paragraph of Article 7 (a), (b) provides that documents and evidence.
Intellectual property right requests the Customs detain the suspected infringing goods, the Customs shall also submit proof to the fact that there is obviously evidence of infringement. Evidence submitted by intellectual property rights, should be able to prove the following facts:
(A) the request is about to import and export of goods detained by customs;
(Ii) the unauthorized use of the infringing goods on its trademark brand identity, works or implementation of its patents.
Article XV of intellectual property right to request the Customs detain the suspected infringing goods, shall be within the period stipulated in the Customs Department to provide security equivalent to the value of the goods.
Article XVI of intellectual property rights on the application does not comply with the provisions of Article 14 or Article 15 is not in accordance with the provisions of this guarantee, the customs shall reject the application and notify the intellectual property rights.
Article XVII of the Customs detain the suspected infringing goods, should be the name of the goods, quantity, value, name of the consignor or consignee, the date of declaration of imports and exports, customs detention date of written notice of intellectual property rights.
Customs approval, intellectual property rights to view the goods detained by Customs.
Article 18 The customs detained the suspected infringing goods within 20 working days, to assist the people's court received written notice of the seizure of the goods, should be assisted; not received notice of seizure or the people's court to assist the customs clearance of intellectual property rights the goods, the Customs shall release the goods.
Article 19 of the Customs detain the suspected infringing goods, shall detain the suspected infringing goods detained voucher delivery consignor.
Customs approval, you can view the consignor or consignee of the goods detained by Customs.
Diershitiao consignor under the "Regulations" provisions of Article 19 request for the release of their detained by customs of goods suspected of infringing the patent, it shall submit a written application to the Customs with the goods and provide equivalent guarantees.
Consignor or consignee requests the Customs clearance of goods suspected of infringement of patent rights, in line with the preceding paragraph, Customs shall release the goods and notify the intellectual property rights.
Intellectual property rights on a patent infringement dispute the people's court shall be prescribed in the preceding paragraph, the customs from the date of written notice within 30 working days submit to the Customs of the People's Court accepted the case a copy of a notice.

Chapter investigation ex officio

Twenty-one supervision of the implementation of the customs import and export goods, import and export goods that involve the Customs General Administration of Intellectual Property Rights and the importers and exporters or manufacturers to use the intellectual property situation is not filed in the General Administration of Customs may require shipping and receiving people to declare the goods within the stipulated period and submit the relevant intellectual property status documents.
Consignee or consignor of goods not in accordance with the preceding paragraph shall declare state of intellectual property, submit the relevant documents or goods suspected of infringing the customs has reason to believe that the record of intellectual property rights in the General Administration of Customs, the Customs shall notify in writing suspend the release of goods and intellectual property rights.
Article 22 The intellectual property rights in this Article 21 shall be provided written notice of the Customs within three working days to reply in accordance with the following provisions:
(A) that the goods infringe the intellectual property rights in the Customs General Administration of Customs and ask to be detained, to the Customs detain the suspected infringing goods in accordance with the written application and Article 23 or Article 24 guarantees ;
(B) that the goods do not infringe its intellectual property rights in the Customs General Administration of Customs is not required, or detain the suspected infringing goods, a written explanation to the Customs.
Customs approval, intellectual property rights to view the goods.
Intellectual property rights under Article 23 of the first paragraph of Article 22 (a) the provisions of requests Customs to detain the suspected infringing goods, the following provisions shall guarantee to the Customs:
(A) the value of goods less than 20,000 yuan, the equivalent value of the goods to provide security;
(B) the value of the goods for the 20,000 to 200,000 yuan, the equivalent value of the goods to provide 50% guarantee, but guarantee amount not less than 20,000 yuan;
(C) goods of value exceeding RMB 200,000 yuan, 100,000 yuan to provide a guarantee.
Intellectual property rights under this Article 22, paragraph (a) the provisions of requests Customs to detain the goods suspected of infringing the trademark rights can be based on the provisions of Article 24 of the Customs Department to provide total security.
Article 24 The Customs General Administration of the trademark rights of intellectual property rights, approved by the General Administration of Customs General Administration of Customs may submit to the non-bank financial institutions, banks or bond issued by its trademark rights to the Customs for the Customs provide total security protection measures.
The total amount of guaranty shall be equal to the previous year of intellectual property rights apply to the Customs detain the suspected infringing goods after warehousing, storage and disposal expenses, and; intellectual property rights last year do not apply to the Customs detain the suspected infringing goods or warehousing, storage and disposal costs of less than 200,000 yuan, the total guarantee amount of RMB 200,000 yuan.
Since the General Administration of Customs approved its use to guarantee the total on 31 December that year, intellectual property rights under the "Regulations" provisions of Article XVI request Customs to detain the suspected infringing its General Administration of Customs has filed trademark of the import and export goods, without further guarantees, but intellectual property rights is not in accordance with "Regulations" provisions of Article 25 or fails to pay the costs "Regulations" provisions of Article 29 liability, General Administration of Customs issued to the guarantor notice, except to fulfill security responsibilities.
Intellectual property rights under Article 25 of the first paragraph of Article 22 (a) apply the provisions of Article 23 and in accordance with this approach, the provisions of Article 24 of the guarantee, the customs shall detain infringing written notice of suspect goods and intellectual property rights; intellectual property rights are not applied or did not provide security, the Customs shall release the goods.
Article 26 of the Customs detain the suspected infringing goods, shall detain the suspected infringing goods detained voucher delivery consignor.
Customs approval, you can view the consignor or consignee of the goods detained by Customs.
Article 27 of the Customs detain the suspected infringing goods, shall on the suspected infringing goods and other relevant information for investigation. Consignor and intellectual property rights shall be with the customs investigation, truthfully provide relevant information and evidence.
Customs investigation of suspected infringing goods, may request the competent authorities relating to intellectual property advice.
Intellectual property rights and the consignor or consignee on Customs to detain the suspected infringing goods agreement, a written application to the Customs and attached the relevant agreement requires the Customs detain the suspected infringing goods lift, apart from that allegedly constitute a crime, but may terminate the investigation.
Article 28 of the Customs detain the suspected infringing goods on the investigation, can not identify whether the goods infringe the intellectual property, shall detain the suspected infringing goods within 30 working days written notice of intellectual property rights and the consignor.
Customs can not be determined whether the goods infringe the patent, the consignee or consignor of goods to the Customs equivalent to the value of the guarantee, you can request Customs to release goods. Customs agreed to release the goods, according to Article 20 paragraphs 2 and 3 regulations.
Article 29 of the Customs can not be determined whether the goods infringe the intellectual property, intellectual property rights under the "Regulations" provisions of Article 23 apply to take the people's court order to stop violations, or the preservation of property.
Customs detain the suspected infringing goods from the date of 50 working days to assist the people's court received written notice of the seizure of the goods, should be assisted; not received notice of seizure or the people's court to assist intellectual property rights required for customs clearance of goods, Customs shall release the goods.
Article 30 Customs decided to confiscate infringing goods, it shall notify in writing the following known intellectual property rights:
(A) the name and quantity of infringing goods;
(B) the name of the consignor or consignee;
(C) the date of import and export of infringing goods to declare, customs detention date and effective date of the decision on punishment;
(D) infringing goods shipped to and which are brought in;
(E) Customs can provide the other with infringement case relating to the goods.
People's court or the competent authorities of intellectual property infringement disputes between the parties concerned, the need to assist the transfer of customs and import and export of evidence relating to the goods, the Customs shall provide assistance.
第三十一条 Customs found that individuals carry or mail the entry and exit of goods suspected of infringing the "Regulations" provides intellectual property and out of use, reasonable number, it shall be detained, but the passengers or the customs declaration to give up close to the sender and except by the consent of the customs.
Customs investigation of infringing goods, intellectual property rights should be assisted. Entry and exit or entry and exit of passengers receive the message sender that the Customs to detain the goods do not infringe the intellectual property rights or of their own use can be made to the Customs a written explanation of the situation and provide relevant evidence.
Article 32 The import and export goods or import and export goods by the Customs investigation found violations of intellectual property rights, according to the "Regulations" Article 27, paragraph twenty-eight provisions shall be confiscated by the Customs, but could not identify the parties, Customs issued by the date of the announcement for three months to be confiscated by customs.
Import and export of suspected criminal violations, the Customs shall be transferred to public security organs according to law.

Chapter goods and cost of disposal

Article 33 of the confiscated infringing goods, the Customs shall be disposed of in accordance with the following provisions:
(A) that the goods can be directly used for public welfare undertakings or the acquisition of intellectual property rights people have the will, the goods transferred to the relevant public institutions for public welfare, or assign the intellectual property rights;
(B) that the goods can not be in accordance with paragraph (a) of the Convention and the disposal of the infringing features can be eliminated in the elimination of the infringing features of law after the auction. Proceeds from the auction of goods turned over to the state treasury;
(C) that the goods can not be in accordance with paragraph (a), (b) provides for disposal, should be destroyed.
Customs auctions the infringing goods shall first seek people's views on intellectual property rights. Destruction of infringing goods, customs, intellectual property rights shall provide the necessary assistance. For public institutions the Customs confiscated the infringing goods for the public welfare and rights of intellectual property entrusted to the destruction of infringing goods by Customs, the Customs shall carry out the necessary supervision.
Article 34 Customs assist the People's Court or the release of detained suspected infringing goods detained goods, intellectual property right shall pay the period of detention of goods in the customs warehousing, storage and disposal costs.
Customs confiscated the infringing goods, intellectual property rights shall detain the goods in the customs storage time after the actual payment of warehousing, storage and disposal costs. However, since the confiscation of infringing goods, the customs service of the consignor or consignee of the decision within three months from the date the goods can not be completed disposal, and not due to the consignor or consignee applying for administrative reconsideration, administrative proceedings or other special disposal of goods causes, knowledge property rights without payment of three months after the related costs.
Customs in accordance with Article 33, paragraph (b) goods infringing the provisions of the auction, the auction expenses in accordance with relevant regulations.
Article 35 The intellectual property rights is not in accordance with the provisions of Article 34 of the costs to the Department of intellectual property rights can be submitted from the security deposit to deduct the costs or require the guarantor to perform warranty obligations.
Customs confiscated the infringing goods shall be disposed of finished goods and to settle the costs of intellectual property rights to the refund of security deposit or release a guarantor of security responsibilities.
Customs assist the People's Court or the seizure of suspected infringing goods under the "Regulations" Article 24 (a), (b), (d) of this article release the detained goods, the consignee or consignor may provide the guarantee of intellectual property rights to the people's court for property preservation. Customs assist the People's Court since the seizure of suspected infringing goods or the release of goods within 20 working days, not received the people's court to provide security of intellectual property rights of property preservation measures taken to assist the enforcement notice, the Customs Intellectual Property Rights should be to Return of security deposit or release a guarantor of security responsibilities; received the people's court to assist an enforcement notice, the Customs shall assist in the implementation.
Article 36 of the Customs under the "Regulations" provisions of Article 19 release of the detained goods suspected of infringing patents, the intellectual property rights in accordance to Article 20, paragraph 3 to the Customs Court accepted the case submitted notice of the people copy of Customs shall, according to the court's decision to submit the results of processing the consignor or consignee guarantees payment; intellectual property rights of the people who did not submit a copy of the notice of the court handled the case, the Customs shall refund the security deposit submitted by the consignor or consignee. Intellectual property rights to provide guarantee to the customs, the consignee or consignor to the people's court for property preservation, Customs did not receive the people's court for intellectual property rights to provide the guarantee of property preservation measures taken to assist the enforcement notice, shall receive treatment cargo security deposit submitted by the date of 20 working days to refund the security deposit of intellectual property rights, or release a guarantor of security responsibilities; received the people's court to assist an enforcement notice, the Customs shall assist in the implementation.

Chapter VI Supplementary Provisions

Article 37 Customs reference to the way the Olympic logo and the World Expo marks the implementation of protection.
Article 38 In this way, the "guarantee" means a security deposit, bank guarantee or a non-bank financial institutions.
Article 39 Measures in the value of the goods by the Customs to the goods review to determine the transaction price-based. Transaction price can not be determined, the value of goods assessed by the Customs according to law.
Article 40 Article 17 of the Measures, twenty one, twenty-eight written notice of the customs can be taken directly, by mail, fax or other manner.
Article 41 (3) and Article 20 paragraph 1 of Article 22 of the period from the date of the customs service of the notice in writing following the date of calculation. Cut-off period in accordance with the following provisions:
(A) Intellectual property rights through the post office or bank, or submission to the Customs to provide security to maturity period of 24 hours only;
(B) intellectual property rights of people face to face to submit customs documents or to provide security to maturity period of the end of normal working hours only customs.
Article 42 The consignee or consignor of intellectual property rights and submit to the Customs in accordance with this method copies of relevant documents, copies and original documents should be checked against. After verification, a copy of a notation should be "verified with original" and be signed to confirm the word.
Article 43 These Measures July 1, 2009 shall come into force. May 25, 2004 General Administration of Customs Decree No. 114 published in "China Customs on <Regulations on Customs Protection of Intellectual Property Rights> the implementation of the measures" shall be repealed simultaneously.