Article 35 Where an IPR holder fails to pay the relevant expenses in accordance with Article 34 herein, the Customs may deduct the relevant expenses from the deposit provided by the IPR holder or require the guarantor to perform its/his liability of guarantee.

If the Customs confiscates the infringing goods, it shall return the deposit to the IPR holder or release the guarantee liability of the guarantor after disposal of goods and settlement of relevant expenses.

Where the Customs assists the People's Court in detaining the goods suspected of infringement, or release the detained goods in accordance with Items (1), (2) and (4) of Article 24 of the Regulations, the consignees or consignors may apply to the People's Court for property preservation of the guarantee provided by the IPR. Where the Customs fails to receive the execution assistance notice of the People's Court on adopting property preservation measures against the guarantee provided by the IPR holder within 20 working days after the Customs assisted the People's Court in detaining the goods suspected of infringement or released the goods, the Customs shall return the deposit to the IPR holder or release the guarantee liability of the guarantor. When receiving the execution assistance notice of the People's Court, the Customs shall give assistance.

Article 36 Where the IPR holder submits the copy of the case acceptance notice of the People's Court to the Customs in accordance with Paragraph 3 of Article 20 after the Customs has released the detained goods that are suspected of infringing any patent right in accordance with the provisions of Article 19 of the Regulations, the Customs shall dispose of the deposit of the consignees or consignors in accordance with the decision of the People's Court. If the IPR holder fails to provide the copy of the case acceptance notice of the People's Court, the Customs shall return the deposit submitted by the consignees or consignors. With respect to the guarantee provided by the IPR holder to the Customs, the consignees or consignors may apply to the People's Court for property preservation. If the Customs fails to receive the execution assistance notice of the People's Court on adopting property preservation measures against the guarantee provided by the IPR holder, it shall, after 20 working days since the disposal of the deposit submitted by the consignees and consignors, return the deposit to the IPR holder or release the guarantee liability of the guarantor. If the Customs receives the execution assistance notice, it shall give assistance.

Chapter VI. Supplementary Provisions

Article 37 The Customs shall protect the symbols of Olympics and World Expo by reference to the provisions herein.

Article 38 The "guarantee" herein refers to deposits and the letter of guarantee of banks or non-bank financial institutions.

Article 39 The value of the goods herein shall be checked and determined by the Customs on the basis of the strike price of the goods. If the strike price cannot be determined, the value of the goods shall be estimated by the Customs according to law.

Article 40 The written notice of the Customs as prescribed in Articles 17, 21 and 28 herein may be served by direct giving, mail, fax or other means.

Article 41 The time limit prescribed in Paragraph 3 of Article 20 and Paragraph 1 of Article 22 herein shall be calculated from the following day of the date of service of Customs' written notice. The deadline of the time limit shall be determined according to the following provisions:

(1) Where the IPR holder submits documents or guarantee to the Customs through post office or bank, the deadline shall be 24:00 on the date due, and

(2) Where the IPR holder directly submits documents or guarantee, the deadline shall be the end of the working hour of the Customs on the date due.

Article 42 IPR holders and the consignees or consignors that submit the copies of the relevant documents in accordance with the provisions herein shall check the said copies with the originals, and add the term of "identical with the original" on the copies and sign on them.

Article 43 These Measures shall enter into force on July 1, 2009. The 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 No. 114 Decree of the GAC on May 25, 2004, shall be repealed simultaneously.

(Source :www.fdi.gov.cn)