IPR Customs Protection

Basic Information  |  Enforcement  |  Documents Needed to Record IPRs

Enforcement

Complaint to the Customs
A IPRs owner who has recorded its IPRs with the General Customs Administration may complain to the Customs where the suspected infringing goods are imported/exported by providing the following information in writing:
a. related intellectual property rights and the number of recordation;
b. name, address, legal representative and main business location of the suspected infringer;
c. the port(s), time, transportation means, recipients and deliverers related to the infringing goods;
d. evidence showing the existence of infringement; and,
e. actions requested from the Customs.

Securities
When requesting the seizure of the suspected infringing goods, the complainant shall provide securities that are worth twice of the value of the suspected goods (CIF or FOB) to be seized, or the Customs will not take any actions.
Investigation and Handling by the Customs
If the Customs decides to seize the suspected infringing goods, it shall make a decision in writing and notify the recipients/deliverers of the goods and the owner of IPRs. Within seven days after the receipt of the notification, the recipients/deliverers shall respond to the Customs. If no response is received, the goods shall be deemed infringing goods and be disposed accordingly; if response is received, then the response shall be served to the owner of IPRs. The owner may bring the case to the competent administrative authorities or to the People's Court within fifteen days.

Ex Officio Action
The Customs may ex officio seize goods that are suspected to have infringed the recorded IPRs, and notify the recipients/deliverers of the goods as well as owners of IPRs within three days.

Disposals
If seized goods are decided to be infringing goods by the Customs, the competent intellectual property administrative authorities or the People's Court, they shall be confiscated by the Customs. Goods so confiscated by the Customs will be disposed according to the following:
a). destroyed if the goods are infringing copyrights;
b). destroyed if the goods are infringing trademark rights and the trademarks could not be
detached from the goods; if the trademark could be detached and the goods could be used, the goods shall be used only for charity purpose or be auctioned to a non-infringer for non commercial use;
c). disposed according to relevant laws and regulations.

However, seized goods shall be released by the Customs if:
a. they are not infringing IPRs after investigation by the Customs or competent intellectual property authorities;
b. they are not infringe IPRs if decided by the People's Court;
c. the IPRs owner does not start legal proceedings with the People's Court, or the People's Court does not believe that is an infringing matter to be tried and dismissed the case;
d. the IPRs owner does not respond to the Customs enquires or does not wish to pursue the matter.