People's Republic of China promulgated by Decree No. 572

The State Council on changes of People's Republic of China regulations on customs protection of intellectual property of the Executive meeting of the State Council on March 17, 2010 the 103th adoption of the decision, are hereby promulgated and take effect on April 1, 2010.

Prime Minister Wen Jiabao

The March 24, 2010

Decision of the State Council of the People's Republic of China regulations on customs protection of intellectual property rights as follows:

One, the 11th article is revised as follows: "record change of intellectual property rights, intellectual property rights shall within 30 working days from the date of change to the Customs General Administration for the record changes or cancellation procedures. "The intellectual property right holder does not change or cancellation formalities in accordance with the provisions of the preceding paragraph, licit import and export to others or cause serious effects to perform their supervisory duties by the customs, the General Administration of customs in accordance with the relevant interested parties apply to withdraw the filing, can also take the initiative to remove the record.

” Second article 23rd, for: "intellectual property rights protection measures at customs upon application, may, in accordance with the People's Republic of China trademark law, and the People's Republic of China copyright law and the People's Republic of China patent law or other relevant legal provisions, was detained for suspected infringing goods apply to the peoples Court shall order the termination of infringements or of property preservation measures.

” Increased, 24th, as paragraph (e): "Customs found the suspected infringing goods detained infringing goods, intellectual property right of withdrawal of an application for detention of suspected infringing goods.

” Four, the 27th article is changed to: "the confiscation of goods infringing intellectual property rights can be used for social welfare, the Customs shall transmit it to the relevant public institutions for social welfare; intellectual property rights takeover, the Customs may transfer to the intellectual property rights. Confiscated goods infringing intellectual property rights cannot be used for public welfare and intellectual property rights holders no takeover, custom features can eliminate tort law after the auction, but imports of counterfeit trademark goods, except in special cases, not only clearing the trademark on goods that were allowed into the channels of Commerce; infringing characteristics cannot be eliminated, the Customs shall be destroyed.

” Five, the 28th to the 31st, is revised as follows: "personal items brought or mailed into or out of, beyond personal use, a reasonable number, and to violate the intellectual property rights provided for in article II of this Ordinance, in accordance with the infringing goods.

”

In addition, the clause order adjusted accordingly.

This decision shall enter into force on April 1, 2010.

People's Republic of China regulations on customs protection of intellectual property in accordance with this decision be modified accordingly, republished.

People's Republic of China regulations on customs protection of intellectual property rights

(December 2, 2003 People's Republic of China promulgated by Decree No. 395, released on March 24, 2010, the State Council on changes of People's Republic of China decision on amendments to regulations on customs protection of intellectual property)

Chapter I General provisions

First for the implementation of customs protection of intellectual property, promoting foreign economic and trade, scientific and technological and cultural exchanges, to safeguard public interests, in accordance with the People's Republic of China Customs law, this Ordinance is enacted.

Customs protection of intellectual property rights referred to in article II of this Ordinance refers to customs for import and export of goods related to and affected by People's Republic of China laws and administrative regulations to protect trademark rights, copyrights and rights related to copyright, patents (hereinafter referred to as intellectual property) implementing protection.

Third State prohibits the import or export of goods infringing intellectual property rights.

Customs in accordance with relevant laws and regulations provide for protection of intellectual property rights, the exercise of the People's Republic of China related to powers under the Customs Act.

Fourth implementation in an intellectual property right holder requests the protection of intellectual property rights, shall apply to the Customs to take protective measures.

Fifth article import cargo consignee or their agents, exports the cargo the consignor or his agent shall, in accordance with State regulations, truthful declaration to the Customs and import and export of goods related to the intellectual property rights situation, and submit the relevant supporting documents.

Sixth article customs enforcement of intellectual property rights protection, shall keep the commercial secrets of the parties concerned.

Chapter intellectual property filings Article seventh intellectual property right holder may, in accordance with the provisions of this Ordinance, its intellectual property to apply to the Customs record; applications filed, should submit applications.

The application shall include the following:

(A) the intellectual property right holder's name, place of registration or nationality;

(B) the name of the intellectual property, content, and information;

(C) licensing of intellectual property;

(D) name of the legitimate exercise of intellectual property rights of the intellectual property right holder of the goods, origin, inward and outward customs, importers and exporters, the main features, prices and so on;

(E) the known manufacturers, import and export of goods infringing intellectual property rights, the entry and exit customs, characteristics, prices and so on.

Proof of the contents of the application of the provisions of the preceding paragraph, the intellectual property right holder shall be attached to documents.

Article eighth of Customs shall, from the date of receipt of the complete application file within 30 days whether to approve the filing of the decision and notify the applicant in writing; not for the record, it shall explain the reasons.

Any of the following circumstances, Customs does not record:

(A) the application documents are incomplete or invalid;

(B) the applicant is not the intellectual property rights holder;

(C) the protection of intellectual property rights are no longer protected by law and administrative regulations.

Nineth customs intellectual property right to the application of intellectual property rights record did not provide relevant information or documents, the General Customs Administration may revoke the registration.

Article tenth of the Customs General Administration of customs protection of intellectual property rights granted the record date, valid for 10 years. Effective intellectual property rights, intellectual property rights in customs protection of intellectual property within 6 months before the expiry, renewal application to the customs records.

Each renewal of registration shall be valid for 10 years.

Expiry of the customs protection of intellectual property rights does not apply for renewal or intellectual property will no longer be protected by laws, administrative regulations, customs protection of intellectual property rights was invalid.

11th record change of intellectual property rights, intellectual property rights shall within 30 working days from the date of change to the Customs General Administration for the record changes or cancellation procedures.

Intellectual property rights does not change or cancellation formalities in accordance with the provisions of the preceding paragraph, licit import and export to others or cause serious effects to perform their supervisory duties by the customs, the General Administration of customs in accordance with the relevant interested parties apply to withdraw the filing, can also take the initiative to remove the record.

Chapter III application for detention of suspected infringing goods and its treatment

12th the intellectual property right holder finds suspected infringing goods to be imported or exported, can be made to the entry and exit of cargo customs detain suspected infringing goods applications.

13th the intellectual property right holder request customs to detain suspected infringing goods shall submit the application form and relevant supporting documents, and to provide sufficient proof of the fact of infringement of the obvious evidence.

The application shall include the following main elements:

(A) the intellectual property right holder's name, place of registration or nationality;

(B) the name of the intellectual property, content, and information;

(C) the names of suspected infringing goods to the consignee and consignor;

(D) the name of suspected infringing goods, specifications, etc;

(E) the suspected infringing goods into or out of the port, time, means of transport, and so on.

Suspected infringing goods suspected of filing of intellectual property violations, the application should also include the Customs record. 14th the intellectual property right holder request customs to detain suspected infringing goods shall be not more than the equivalent of goods to the customs guarantee compensation for possible losses due to improper application to the consignee, the consignor, as well as of goods detained by the customs warehousing, storage and handling costs; intellectual property rights holder directly pay costs of warehousing, storage, deducted from the guarantees.

Specific measures shall be formulated by the General Administration of customs.

15th right holders apply for detention of suspected infringing goods, in line with the provisions of the 13th article of the rules, and provide security in accordance with the provisions of this section 14th, the Customs shall detain suspected infringing goods, written notice to IP rights holders, and arrest the customs documents delivered to the consignee or the consignor.

Intellectual property rights applied for detention of suspected infringing goods, does not comply with the provisions of section 13th, or not in accordance with the provisions of this section 14th to provide security, the Customs shall reject the application and inform the intellectual property right holder in writing. 16th article customs that import and export goods suspected of filing of intellectual property violations, it shall immediately inform the intellectual property right holder in writing. Intellectual property rights within 3 working days since the date of the notice in accordance with the provisions of the present section 13th apply and guarantee in accordance with the provisions of this section 14th, the Customs shall detain suspected infringing goods, written notice to IP rights holders, and arrest the customs documents delivered to the consignee or the consignor.

The intellectual property right holder fails to apply or fail to provide security, the Customs shall not detain the goods.

Article 17th agreed after the customs, intellectual property rights and the consignee or the consignor can view relevant goods.

18th the consignees or consignors consider their goods do not infringe upon the intellectual property right holder's intellectual property rights, and be accompanied by relevant evidence should be presented to the customs in writing. Article 19th for patent infringement cargo consignees or consignors consider their import and export goods do not infringe upon the patent right, can provide equivalent guarantees payment of the goods to customs, customs clearance of goods.

Intellectual property rights could not be in court within a reasonable period, the Customs shall return the security.

20th article customs import and export goods are found after record suspected intellectual property rights violations and inform the intellectual property rights, the intellectual property right holder request customs to detain suspected infringing goods, Customs shall detain within 30 working days from the date of detention of suspected infringing goods infringing intellectual property rights investigation, finds; can not be identified, it shall immediately inform the intellectual property right holder in writing.

Article 21st suspected infringing goods detained by the Customs to investigate and request assistance from the competent intellectual property authority, relevant intellectual property Department shall provide assistance.
Infringement of intellectual property departments dealing with the import and export of goods requested assistance from the customs, the Customs shall provide assistance.

22nd article customs to detain suspected infringing goods and related investigations, intellectual property rights and the consignee or the consignor shall provide cooperation.

23rd an intellectual property rights protection measures to the customs in the application, may, in accordance with the People's Republic of China trademark law, and the People's Republic of China copyright law and the People's Republic of China patent law or other relevant legal provisions, was detained for suspected infringing goods apply to the peoples Court shall order the termination of infringements or of property preservation measures.

Customs court ordered to stop infringement cases received notice of property preservation or to assist in the implementation of and should be assisted.

24th under any of the following circumstances, Customs shall release the detained suspected infringing goods:

(A) the customs in accordance with the provisions of the present section 15th detain suspected infringing goods, detention is not received within 20 business days from the date of notification of the people's Court to assist in the implementation;

(B) the customs in accordance with the provisions of the present section 16th detain suspected infringing goods, within 50 working days since the date of detention does not receives notification of the people's Court to assist in the implementation of, and the investigation could not believe detention of suspected infringing goods infringing intellectual property rights;

(C) the alleged infringement of a patent the consignee or consignor of the goods to customs and security after the equivalent goods, customs clearance of goods;

(D) the Department finds the consignees or consignors have sufficient evidence to prove their goods do not infringe upon the intellectual property right holder's intellectual property rights;

(E) after customs found the suspected infringing goods detained infringing goods, intellectual property right of withdrawal of an application for detention of suspected infringing goods. 25th article customs detain suspected infringing goods in accordance with this Ordinance, an intellectual property right shall pay for the warehousing, storage, and disposal costs.

Of the intellectual property right holder fails to pay the relevant fees, Customs may be deducted in its guarantees to customs, or request the guarantor to perform the relevant warranty.

Suspected infringing goods were identified as violations of intellectual property rights, intellectual property rights holders can be paid about warehousing, storage and disposal costs into account reasonable expenses paid for stopping the infringement.

26th article customs enforce intellectual property cases of suspected crimes, cases should be transferred to the public security organs according to law.

The fourth chapter legal liability

27th the suspected infringing goods detained, investigation finds violations of intellectual property rights by the customs, shall be confiscated by the customs.

After customs confiscated goods infringing intellectual property rights, should be written notification regarding the situation of the goods infringing intellectual property rights intellectual property rights. Confiscated goods infringing intellectual property rights can be used for social welfare, the Customs shall transmit it to the relevant public institutions for social welfare; intellectual property rights takeover, the Customs may transfer to the intellectual property rights.

Confiscated goods infringing intellectual property rights cannot be used for public welfare and intellectual property rights holders no takeover, custom features can eliminate tort law after the auction, but imports of counterfeit trademark goods, except in special cases, not only clearing the trademark on goods that were allowed into the channels of Commerce; infringing characteristics cannot be eliminated, the Customs shall be destroyed.

28th article customs accept the intellectual property protection and the adoption of measures for protection of intellectual property rights applications, due to intellectual property right holders did not provide the exact circumstances were not able to find the infringing goods, failure to take protective measures or failure to take protective measures, by intellectual property right holders on their own responsibility.

After the intellectual property right holder request customs to detain suspected infringing goods, customs cannot be found in suspected infringing goods must be violating the intellectual property right holder's intellectual property rights, or the people's Court judgment of non-infringement of intellectual property rights intellectual property rights, intellectual property rights shall bear the liability for damages.

29th the import or export of goods infringing intellectual property rights, constitute a crime, criminal responsibility shall be investigated according to law.

30th article customs staff in the implementation of intellectual property rights protection, dereliction of duty, abuse of power, favoritism and constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, administrative sanctions according to law.

The fifth chapter by-laws

31st article turnover boundary goods or mail carried by individuals, beyond reasonable quantities for personal use, and to violate the intellectual property rights provided for in article II of this regulation, in accordance with the infringing goods.

Article 32nd record of intellectual property rights to intellectual property to the General Administration of customs, shall pay the filing fee in accordance with the relevant provisions of the State. 33rd article of the regulations come into force on March 1, 2004. Issued by the State Council on July 5, 1995, the People's Republic of China regulations on customs protection of intellectual property rights abrogated.