Tuesday, July 13 2021 .

How to Proceed with the Record of Intellectual Property at Customs in China

Under the laws available in China, Intellectual Property right (hereinafter referred to as "IPR") holder records IPR at the General Administration of Customs of the People's Republic of China (hereinafter referred to as "GACC") is an effective way to protect his or its IPR from infringement by others. Thus, how to proceed with the record of IPR at Customs in China? This article will cover this matter.

1. The beneficial of record of IPR at customs

1) To get recorded at the customs is the prerequisite condition for the customs to proactively take protection measures. According to the Article 16 of the Regulation of the People's Republic of China on the Protection of Intellectual Property by Customs, only when the IPR holder record his/her IPR at customs that the customs would have the rights to proactively suspend the imports and exports of the goods and to notify the IPR holder, meanwhile, to investigate and dispose the infringing goods and impose penalty on the infringers.
2) The record will be of help in discovering of infringing goods by customs. When the IPR holder makes a record at customs, he or it needs to provide the information like the legal status of IPR, contact information of oblige, the legal use of the IPR, the situation of the suspected infringing goods and the pictures, photos, and so on. All these information can help the customs to discover the suspected infringing goods and impound the foods by authority.
3) The IPR holder will bear lighter economic burden. Under the condition of record the IPR, the IPR holder needs to provide with the customs no more than one 100,000 for guarantee; otherwise, the IPR holder must provide the guarantee with the value equal to the goods which are applied for impoundment. Continue Reading

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