IPRs (2003)
BIZCHINA / Intellectual property
Regulations of the People's Republic of China on Customs Protection of
IPRs (2003)
Updated: 2006-04-20 10:02
Article 14. Where the right owner requests Customs to detain the
suspected goods, he shall submit to Customs a guarantee not exceeding the
value of the goods in order to compensate the possible losses caused by
the undue application to the consignees or consignors and to pay for the
fees of storage, custody and disposal, etc. of the goods after the
detention. Where the right owner pays these fees directly to the storage
traders, the fees shall be deducted from the guarantee. Specific measures
shall be promulgated by the CGA.
Article 15. Where the right owner applies to detain the suspected goods
in accordance with Article 13 of these Regulations and submit the
guarantee according to Article 14 of these Regulations, Customs shall
detain the suspected goods, notify the right owner in writing and send
the detention receipt to the consignees or consignors.
Where the application to detain the suspected goods filed by the right
owner does not comply with the Article 13 of these Regulations or the
right owner does not submit the guarantee according to the Article 14 of
these Regulations, Customs shall reject the application and notify the
right owner in writing.
Article 16. Customs shall notify the right owner immediately when they
discover the goods suspected to infringe recorded intellectual property
rights. Where the right owner files an application according to Article
13 of these Regulations within three business days after he receives the
notice from Customs and submits the guarantee according to Article 14 of
these Regulations, Customs shall detain the suspected goods and send the
detention receipt to the consignees or consignors. Where the right owner
fails to file the application or submit the guarantee within the time
limit, Customs shall not detain the goods.
Article 17. With the consent of Customs, the right owner and consignees
or consignors may look over the relevant goods.
Article 18. Where the consignee or consignor holds that his goods have
not infringed intellectual property right, he shall file a written
explanation with Customs and provide relevant evidence.
Article 19. Where the consignee or consignor holds that his imported or
exported goods have not infringed patent rights, he may submit a
guarantee equal to the value of the goods to Customs and ask to release
the goods. Where the right owner fails to institute proceedings in the
People's Court in a reasonable period, the Customs shall return the
guarantee.
Article 20. Where the right owner requests Customs to detain the
suspected goods after Customs find the imported or exported goods
infringing recorded intellectual property right and notify the right
owner, the Customs shall initiate the investigation and confirmation on
the goods whether to infringe intellectual property rights or not within
thirty business days from the date of their detention. Where it cannot be
confirmed, Customs shall notify the right owner in writing immediately.
Article 21. Where Customs ask for assistance of the relevant competent
departments of intellectual property rights during their investigation to
the detained goods, these departments shall give the assistance.
Where the competent departments of intellectual property rights deal with
the cases related to the imported or exported goods suspected to infringe
intellectual property rights and ask Customs offer assistance, Customs
shall give the assistance.
Article 22. When Customs carry on their investigation to the suspected
goods that are detained, the right owner and the consignees or consignors
shall cooperate with Customs.
Article 23. After the right owner files an application with Customs to
ask for protection, before any legal proceedings are instituted, he may,
according to the China Trademark Law, the China Copyright Law or the
China Patent Law, request the People's Court to issue an order to stop
infringing acts or to take property preservation actions.
Where Customs receive a notification from the People's Court to enforce
the order to stop infringing acts or to take property preservation
actions, they shall give assistance.
Article 24. In any of the following situations, Customs shall release
the suspected goods that are detained:
(1) where Customs have detained the suspected goods according to Article
15 of these Regulations and have not received a notice of assistance on
execution from the People's Court within twenty business days from the
date of detention;
(2) where Customs have detained the suspected goods according to Article
16 of these Regulations and have not received the notice of assistance on
execution from the People's Court within fifty business days from the
date of detention, and they can not confirm that the detained goods have
infringed intellectual property right after investigation;
(3) where the consignees or consignors whose goods have been suspected to
infringe patent right submit a guarantee equal to the value of the goods
to Customs and ask Customs to release their goods;
(4) where Customs consider that the consignees or consignors have
sufficient evidences to prove that their goods have not infringed any
intellectual property rights.
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