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General Provisions
 
In order to implement the first of the Customs Protection of Intellectual Property Rights, promoting foreign trade and economic and scientific and cultural exchanges and safeguard the public interest, according to the "People's Republic of the Customs Act," the enactment of this Ordinance.
The second of these regulations on Customs Protection of Intellectual Property Rights, the Customs and the import and export of goods subject to the PRC laws and administrative regulations to protect the exclusive rights of trademarks, copyrights and the rights of copyright, patents (hereinafter collectively referred to intellectual property) to implement protection.
The third of the national intellectual property rights violations against the import and export of goods.
Customs in accordance with the relevant laws and the stipulations of these regulations to protect the rights and the exercise of "China Customs Law" provisions on the powers.
The fourth of the intellectual property rights of people requesting Customs enforcement of intellectual property rights protection and should be taken to the Customs protection measures applications.
The fifth of the imported goods, the consignee or his agent, exports of goods consignor or his agent shall, in accordance with state regulations, faithfully declare to the Customs and the import and export of goods related to the intellectual property position, and to submit the documents.
The sixth of the Customs enforcement of intellectual property rights protection, it should be the conservative party's trade secrets.
 
The second chapter of intellectual property rights record
 
The seventh of the intellectual property rights of the people in accordance with the provisions of its intellectual property to the Customs Department for filing; For the record, it shall submit an application. Applications should include the following elements :
(1) intellectual property rights to the name or names, place of registration or nationality;
(2) intellectual property names, and related information;
(3) the exercise of intellectual property licensing conditions;
(4) intellectual property rights of the legitimate exercise of intellectual property rights in the name of goods, the origin, and out of state customs, import and export business, and major features, and prices;
(5) known IPR infringement goods manufacturers, importers and exporters, access to state Customs, the main features, and prices.
Applications shall be the contents of documents, intellectual property rights, shall be accompanied by supporting documents.
The eighth of the General Administration of Customs shall receive all applications no later than 30 working days whether or not to grant the record of decision and notify the applicant in writing; No record, it should be justified.
With one of the following cases, the Customs Department, not the record :
(1) the application incomplete documentation or ineffective;
(2) the applicant is not of intellectual property rights;
(3) no longer subject to intellectual property laws, administrative regulations protected.
9 officers found intellectual property rights of intellectual property applications filed not provide false information or documents, the Customs Department will be able to withdraw its filing.
The 10th customs protection of intellectual property rights record since the Customs Department granted the record date of effect for 10 years.
An effective intellectual property, intellectual property rights can customs protection of intellectual property in the record before the expiration of 6 months, the Customs Department to apply for renewal of registration. Each renewal of the filing period for 10 years.
IPR customs protection expires without filing applications or renewals are no longer subject to intellectual property laws, administrative regulations to protect the IPR customs protection filing lapse immediately.
Article 11 : The intellectual property rights of the change, intellectual property rights from the people should change the date of 30 working days, to the Customs Department filing change or cancellation procedures.
 
The third chapter detain suspected infringing goods and the handling of applications
 
Article 12 of the intellectual property right infringement found the suspect about the import and export of goods, access to the cargo situation Customs detain suspected infringing goods applications.
Applications should include the following main elements :
(1) intellectual property rights to the name or names, place of registration or nationality;
(2) intellectual property names, and related information;
(3) infringement suspect cargo consignor and the consignee's name;
(4) suspected infringing goods, specifications, etc.;
(5) suspected infringing goods may enter or leave the port, time, other carriers.
Tort suspects goods is suspected of violating intellectual property rights record, the application should also include the filing of Customs.
Article 14 of the intellectual property rights of people requesting Customs to detain suspected infringing goods, it should be given to the Department of goods does not exceed the equivalent of a security for the possibility of compensation due to improper application to the consignee, the consignor of losses, and pay for the goods by the Customs detained after the warehousing, storage and disposal costs; Know the rights and the rights directly to the payment of storage and warehousing, custody fees and deducted from the guarantees. Specific measures enacted by the General Administration of Customs.
Article 15 of the intellectual property rights of people detained for suspected infringing goods, in accordance with the article 13 of the provisions of this Ordinance and in accordance with the provisions of Article 14 to provide security, the Customs should be detained for suspected violations of goods, a written notice of intellectual property rights, customs detained vouchers will reach the consignee or fat consignors.
Intellectual property rights of people detained for suspected infringing goods, the regulations do not meet the provisions of the 13rd, or not in accordance with the Article 14 of the Ordinance to provide security, the Department should reject the application, a written notice of intellectual property rights and human rights.
Officers found the 16th of the import and export of goods suspected of IPR violations of the record and should be immediately notified in writing of intellectual property rights holders. Intellectual property rights since the date of service of notice within three working days pursuant to the provisions of Article 13 of the application, pursuant to the provisions of Article 14 of the provision of security and customs should be detained for suspected violations of goods, a written notice of intellectual property rights, customs detained vouchers will reach the consignee , or the consignor. Intellectual property rights late or not filing did not provide security, the Customs can not be detained for goods.
Article 17 : Customs agrees, intellectual property rights and the consignee or the consignor can check the goods.
The 18th of the consignor or consignee that the goods have not been violated its intellectual property rights of intellectual property, it should be written to the Customs note and enclose relevant evidence.
Article 19 alleged violations of the franchise cargo consignor or consignee that the import and export of goods have not been patent infringement, in the provision of goods to the Customs equivalent to the guarantees after its request for customs clearance of goods. Intellectual property rights were not in a reasonable period of time the people's court, the customs office should refund guarantees.
The officers found 20 violations of import and export goods suspected of IPR record and inform the people of intellectual property rights, intellectual property rights requesting Customs detain people suspected of infringing goods, the Customs custody shall, within 30 working days of the detained suspects goods infringing intellectual property rights violations investigated finds; not identified, it should be immediately notified in writing of intellectual property rights holders.
Article 21 of the Customs detained goods suspected of infringement investigations, intellectual property department in charge of the request for assistance, the department in charge of intellectual property rights should be assisted.
Departments in charge of intellectual property rights relating to the import and export of goods infringement cases requests for assistance from the Customs, the Department should be assisted.
Article 22 of the Customs detained the suspected infringing goods and investigate the situation, intellectual property rights and the consignor or consignee shall cooperate.
Article 23 of the intellectual property rights to the Customs to take measures to protect the application, in accordance with the "PRC Trademark Law," "The People's Republic of China Copyright Law" or "Patent Law of the PRC", in the prosecution before being detained for suspected violations of goods on application to the People's Court to order a stop violations or property protection measures.
Customs has received the people's court order to stop the violations of the protection of property or assisting in the implementation of the notice, should be assisted.
Article 24 is one of the following cases, the Department should release the detained suspects infringing goods :
(1) Customs pursuant to the provisions of Article 15 of the detained suspects infringing goods, detained since the date of 20 working days from receipt of the People's Court did not assist in the implementation of the notification;
(2) of the Customs in accordance with Article 16 of the detained suspects infringing goods, detained since the date of 50 working days to assist the people's courts have not received notice, and can not be identified by the survey were detained goods suspected of infringing intellectual property infringement;
(3) for patent infringement goods, the consignee or the consignor to the Customs and goods equivalent in the security, customs clearance request of its cargo;
(4) Customs that the consignor or consignee that there was ample evidence to prove their goods have not been violations of intellectual property rights of intellectual property.
Article 25 of the Customs Ordinance in accordance with the provisions of the detention of suspected infringing goods, intellectual property rights who should pay for the storage, maintenance and disposal costs. Intellectual property rights did not pay the cost, the Customs Department to be from a security deposit deduction, or to require the guarantor of the security responsibility to fulfill.
Tort suspects goods deemed to be violating intellectual property rights, intellectual property rights can be paid in the warehousing, storage and disposal costs charged to halt its violations by paying reasonable expenses.
26 of the Customs found to protect the rights of suspected criminal cases, the case should be transferred to the public security organs in accordance with the law to deal with.
 
The fourth chapter legal responsibility
 
Article 27 of the detained suspects infringing goods by the customs investigation found violations of intellectual property rights, be confiscated by the Customs.
Customs confiscated goods related to IPR infringement, violations of intellectual property rights should be the goods written notice of the situation of intellectual property rights holders.