Customs Protection Recordal
General Information
A foreign intellectual property owner may apply to the Chinese Customs for the protection of intellectual property, including patent right, trademark right, copyright, relating to its import/export goods. For this, the intellectual property owner shall record in advance his intellectual property at the Chinese General Customs Administration. After said recordal is approved, the intellectual property owner may apply, at a time when he deems necessary, to the local Customs where the suspected infringing goods are to be imported/exported to take protective measures.
The Shanghai Patent & Trademark Law Office, LLC may be authorized to undertake the application for recordal and the subsequent request for taking protective measures in this regard.
Requirements on Entrusting to Proceed with the Customs Protection
1) Apply for recordal
The intellectual property owner shall provide the following documents:
(1) Power of Attorney, executed by the owner, original copy, notarized and authenticated by the Chinese embassy where the applicant resides.
(2) Copy of corporate business license, or copy of individual identification certification, both to be notarized and authenticated.
(3) Relevant intellectual property certifications, e.g., copy of patent certificate, certified copy of patent registry, copy of trademark certificate, trademark registration testification issued by the Chinese Trademark Office, copyright testification, etc.
(4) Copy of license agreement (Chinese version, if in a foreign language).
(5) Specification and photos of goods; preferably colored photos of goods be supplied in size 12.5 cm x 9.5 cm. Where various kinds of goods are involved, the photos thereof can be put onto the attached sheets.
(6) Other documents that may be deemed requisite by the Chinese General Customs Administration, such as product catalog, etc.
The above recordal will come into force the day when the General Customs Administration issues the "Recordal Certificate", with a period of validity of 10 years. A renewal may be applied six months before the expiration date, each renewal enjoying another 10 years of validity after approval. However, if the related intellectual property isn’t valid, the recordal will become invalid
2) Apply for protection
Once the owner of the Customs recorded intellectual property discovers suspected infringing goods are to enter/leave the country, he can apply to the local Customs where the entry/exit of the suspected infringing goods is to take place to take protective measures for the intellectual property concerned. While applying to the Customs to take protective measures for the intellectual property concerned, the following supporting materials are to be supplied:
(1) Power of attorney, executed by the owner, original copy;
(2) Goods in kind, photos and other supporting materials re the suspected infringement;
(3) Recordal Certificate and identification testification of the intellectual property owner;
(4) Where the intellectual property owner requests the Customs to detain the suspected infringing goods, a security equal to the CIF price of the goods to be imported or the FOB price of the goods to be exported shall be provided; where the CIF/FOB price can not be ascertained, the Customs will make estimation thereof.
Notes:
1) The intellectual property owner may file an application with the Customs to withdraw its request for taking protective measures; however, said application shall be made in writing and filed with the Customs before the Customs has made the decision to detain the suspected infringing goods.
2) Where the Customs has made a decision to detain the suspected infringing goods, a detainment notice will be issued respectively to the goods receiver/dispatcher and the intellectual property owner. Where the goods receiver/dispatcher deems that its imported/exported goods do not constitute any infringement, written opposition shall be submitted to the Customs within 7 days from receipt of said detainment notice. Where no opposition is raised, the Customs, after due investigation, has the authority to take the detained suspected infringing goods as factual infringing goods. Where opposition is raised, the Customs shall immediately notify the intellectual property owner.
3) The intellectual property owner shall, within 15 days from the receipt of the above notice, submit the infringement dispute to the relevant intellectual property administrative authority or institute legal proceedings at the court, and, at the same time, notify in writing, with copies of the documents attached thereto, the Customs.
4) The detained suspected infringing goods, on being determined by the Customs, the relevant intellectual property administrative authority/the court to be infringing goods, shall be expropriated by the Customs.
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