Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Customs Law of the People's Republic of China and other laws and administrative regulations for the purpose of effectively implementing the Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights (hereinafter referred to as the Regulations).

Article 2 Where intellectual property right (IPR) holders request the Customs to take measures for protecting their IPRs or handle filing of Customs protection of their IPRs at the General Administration of Customs of the People's Republic of China (GAC), domestic IPR holders may file an application directly or by entrusting a domestic agent, and overseas intellectual right holders shall file an application by entrusting their representative offices or agents in China.

Where an IPR holder files an application by entrusting its/his agent in China in accordance with the provisions of the preceding paragraph, it/he shall produce the power of attorney in the prescribed format.

Article 3 Where an IPR holder and its/his agent (hereinafter collectively referred to as IPR holders) request the Customs to detain the goods suspected of infringement that are to be imported or exported, it/he shall file an application with the Customs to detain the goods suspected of infringement according to the relevant provisions of these Measures.

Article 4 A consignee of imported goods or its/his agent, or a consigner of exported goods or its/his agents (hereinafter collectively referred to as consignees or consigners) shall know the conditions of IPRs of the goods imported or exported by it/him within a reasonable extent. Where the Customs requires declaration of the conditions of the IPRs of the goods to be imported or exported, the consignees or consigners shall make declaration truthfully and submit relevant certification documents to the Customs within the period prescribed by the Customs.

Article 5 In case any business secret is involved in the relevant documents or evidences submitted to the Customs by the IPR holders or the consignees or consigners, the IPR holders or the consignors or consignees shall give written statement to the Customs.

In implementing protection of IPRs, the Customs shall keep the business secrets of the parties concerned, provided that the Customs is obliged to open information according to law.

Chapter II. Filing of Intellectual Property Rights

Article 6 When applying for filing of Customs protection of IPRs with the GAC, an IPR holder shall submit an application to the GAC. The application shall include the following contents:

(1) Name, registered place or nationality and address of the IPR holder; and the name, telephone, fax and email of the contact persons;

(2) Name of registered trademark, type and name of the goods to which the trademark is approved to use, trademark figure, effective period of the registered trademark, and assignment, alteration and renewal of the registered trademark; name of works, finish time, type of works, photograph of works and assignment and alteration of works; name, type and application date of patent right and assignment and alteration of patent right;

(3) Name of the licensee, goods licensed for use and term of license;

(4) Name and origin of the goods whose IPR is legitimately exercised by IPR holders, the Customs of the place of entry and exit of the said goods, importer and exporter, main features and price of the said goods; and

(5) Manufacturer and importer or exporter of the infringing goods that are known, the Customs of the place of entry and exit of the said goods, and main features and price of the said goods.

An IPR holder shall submit an application separately for each item of IPR that it/he applied for filing. Where an IPR holder applies for filing of international registered trademarks, it/he shall submit an application separately for each class of goods that it/he applied for filing.

Article 7 Where an IPR holder submits the application for filing to the GAC, it/he shall attach the following documents or evidences:

(1) The copy of the ID of the IPR holder, the copy of the business license or copies of other registered documents;

(2) The copy of the Trademark Registration Certificate issued by the trademark bureau of the administration for industry and commerce under the State Council. In case the applicant alters any of the items concerning trademark registration, extends the trademark registration, assigns the registered trademark or applies for filing of international registered trademarks, it/he shall also submit the relevant certificate of trademark registration issued by the trademark bureau of the administration for industry and commerce under the State Council; the copy of certificate of voluntary registration of copyrights issued by the department of copyright registration and the photographs of the works certificated by the department of copyright registration. In case an applicant fails to make voluntary registration on copyright, it/he shall submit a sample of the works that can prove it/he is the copyright holder and other relevant evidences of the copyright; and the copy of the patent certificate issued by the administration of patent under the State Council. In case the patent authorization has exceeded one year from the date of public announcement, the applicant shall also submit the duplicate of the patent register issued by the administration of patent under the State Council six month before the applicant submits an application for filing. Where the applicant applies for filing of new utility model patent or patent of appearance design, it/he shall also submit the patent right assessment report issued by the administration of patent under the State Council.