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Government Documents
Government Documents
UPDATED: August 10, 2009 NO. 32 AUGUST 13, 2009
Measures of the General Administration of Customs of the People's Republic of China for Implementing the Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights
Promulgated by the General Administration of Customs of the People's Republic of China on March 3, 2009, and effective as of July 1, 2009
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(3) Where an IPR holder allows anyone else to use any of its/his registered trademarks, works or patents, and enters into a license contract with it/him, it/he shall provide a copy of the license contract; if no license contract is concluded, it/he shall submit a written statement on the licensee, scope and term of the license and other conditions;

(4 The photographs of the goods and their packing whose IPRs have been legitimately exercised by the IPR holders;

(5) Evidences of import or export of the infringing goods that are known. In case the infringement dispute between the IPR holder and others has been handled by the People's Court or the competent department of IPRs, the copy of the relevant legal documents shall also be submitted; and

(6) Other documents or evidences to be submitted as required by the GAC.

The documents and evidences submitted to the GAC by the IPR holders in accordance with the preceding paragraph shall be complete, true and effective. In case the relevant documents and evidences are written in any foreign language, Chinese version shall be attached. The GAC may require the IPR holders to submit the notary or certification documents for the relevant documents or evidences if necessary in its opinion.

Article 8 IPR holders shall pay for filing when applying for handling filing of Customs protection of IPRs or reapplying for filing after expiration with the GAC. The IPR holders shall remit the filing fee to the account designated by the GAC through banks. The GAC shall issue receipts when receiving filing fees. The charging standards for filing fees shall be made and promulgated by the GAC together with other state department separately.

IPR holders are not required to pay the filing fee when applying for renewal or alteration of filing.

Where an IPR holder withdraws its/his filing application before approval by the GAC or its/his filing application is refused, the GAC shall return the filing fee. If the approved filing application has been canceled or revoked by the GAC or invalidated due to other reasons, the paid filing fee will not be returned.

Article 9 The filing of Customs protection of IPRs shall take effect from the date of filing approved by the GAC for a term of 10 years. If the valid term of an IPR is less than 10 years from the effective date of filing, the valid term of filing shall be the valid term of the IPR.

The valid term of filing approved by the GAC before the implementation of the Regulations or renewed upon approval shall be computed according to the former valid term.

Article 10 IPR holders may, within six months before expiration of the valid term of filing for Customs protection of IPRs, submit a written application for renewing the valid term of filing and attach relevant documents. The GAC shall make a decision whether to approve it or not within 10 working days upon receipt of all application documents for renewal and notify the IPR holders in writing. If renewal has been refused, it shall give reasons thereof.

The valid term of renewed filing shall be computed from the following day of expiration of the valid term of filing and the valid term shall be 10 years. In case the valid term of the IPRs is less than 10 years since the following day of the expiration of the previous valid term of filing, the valid term of renewed filing shall be the valid term of the IPRs.

Article 11 In case there is any change of the contents of the application submitted to the Customs in accordance with Article 6 herein after approval of the application for filing of Customs protection of IPRs by the GAC, the IPR holder shall file an application with the GAC for alteration of filing and attach the relevant documents.

Article 12 Where the IPRs are no longer subject to the protection of laws and administrative regulations before the expiration of the valid term of filing, or the IPRs that have been filed are assigned, the former IPR holders shall file an application with the GAC for deregistration of the Customs protection of IPRs and attach the relevant documents within 30 working days from the date when the IPRs are no longer subject to the protection of laws and administrative regulations or the assignment comes into effective. If the IPR holders give up filing within the valid term of filing, it/he may apply to the GAC for cancellation of the filing.

If the IPR holders fail to apply for alteration or cancellation of filing to the GAC according to Article 11 and the preceding paragraph herein and cause serious impacts on the legitimate import and export of others, the GAC may cancel the relevant filing of IPRs on its own initiative or upon the application of the parties concerned.

When canceling any filing, the GAC shall notify the IPR holder concerned in writing and the filing of Customs protection of IPR shall become invalid from the date of cancellation by the GAC.

Article 13 The GAC shall notify the IPR holders in writing when canceling the filing of Customs protection of IPRs in accordance with the provisions of Article 9 herein.

Where the GAC cancels the filing and the IPR holder reapplies for filing of the IPR that has already been canceled for no more than one year, the GAC may reject the said application.

Chapter III. Detainment Upon Application

Article 14 Where an IPR holder finds any goods suspected of infringement are to be imported or exported and requests the Customs to detain them, it/he shall file an application with the Customs of the place of entry and exit of goods according to Article 13 of the Regulations. If the relevant IPRs have not been filed at the GAC, the IPR holder shall attach the documents and evidences as prescribed in Items (1) and (2) of Paragraph 1 of Article 7 herein.

The IPR holder that requests the Customs to detain the goods suspected of infringement shall also submit evidences sufficient to prove the existence of such infringement to the Customs. The evidences submitted by the IPR holder shall be able to prove the following facts:

(1) The goods that it/he requests the Customs to detain are to be imported or exported; and

(2) The trademark or work that has infringed the special use right of its/his trademark is used in the goods or its/his patent is implemented without approval.

Article 15 Where an IPR holder requests the Customs to detain the goods suspected of infringement, it/he shall provide a guarantee equivalent to the value of the goods to Customs within the time limit prescribed by the Customs.

Article 16 Where an IPR holder submits an application that is not in compliance with the provisions of Article 14 herein or it/he fails to provide the guarantee in accordance with the provisions of Article 15, the Customs shall turn down its/his application and notify the IPR holder in writing.

Article 17 Where the Customs detains the goods suspected of infringement, it shall notify the IPR holders in writing of the name, amount and value of the goods, the name of the consignees or consigners, the date of declaration of import or export, the date of detainment by the Customs.

The IPR holders may inspect the goods detained by the Customs upon approval of the Customs.

Article 18 Within 20 working days from detainment of the goods suspected of infringement, the Customs shall give assistance if it receives the written notice on assistance to detain relevant goods by the People's Court; if it does not receive the detainment assistance notice of the People's Court or the IPR holder request it to release the relevant goods, it shall release the said goods.

Article 19 Where the Customs detains the goods suspected of infringement, it shall send the detainment voucher of the detained goods that suspected of infringement to the consignees or consignors.

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