People's Republic of China,, (No. 395) Xinhuanet Beijing December 31 reporter-People's Republic of China promulgated by Decree No. 395 of the People's Republic of China on November 26, 2003 the regulations on customs protection of intellectual property adopted at the 30th General meeting of the State Council, are hereby promulgated and, as of March 1, 2004.
    Premier Wen Jiabao on December 2, 2003 (finished) the People's Republic of China regulations on customs protection of intellectual property rights, Xinhua News Agency, Beijing, December 31, People's Republic of China regulations on customs protection of intellectual property rights chapter I General provisions article 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. Record seventh chapter intellectual property the 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.
    Applications should including following content: (a) intellectual property right people of name or name, and registered to or nationality,; (ii) intellectual property of name, and content and related information; (three) intellectual property license exercise status; (four) intellectual property right people legal exercise intellectual property of goods of name, and origin, and inbound and outbound to customs, and import and export business, and main features, and price,; (five) known of violations intellectual property goods of manufacturer, and import and export business, and inbound and outbound to customs, and main features, and price,.
    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 shall not be filed: (a) the application documents are incomplete or invalid, (ii) the applicant is not the intellectual property right holder, (iii) 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 the 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.
    Chapter III application for detention of suspected infringing goods and intellectual property rights in 12th found suspected infringing goods to be imported or exported, can be made to the entry and exit of cargo customs detain suspected infringing goods applications.
    Request the intellectual property right holder of the 13th article 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.
    Applications should including following main content: (a) intellectual property right people of name or name, and registered to or nationality,; (ii) intellectual property of name, and content and related information; (three) infringement suspected goods consignee and shipping people of name; (four) infringement suspected goods name, and specifications,; (five) infringement suspected goods may inbound and outbound of port, and time, and transport tool,.
    Suspected infringing goods suspected of filing of intellectual property violations, the application should also include the Customs record. 14th intellectual property rights 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, subject to this Ordinance, the 13th of the rules, and in accordance with the 14th article of the Ordinance provides security, the Customs shall detain suspected infringing goods, written notice to the intellectual property rights, and customs to detain vouchers delivered to the consignee or the consignor.
    Intellectual property rights applied for detention of suspected infringing goods, does not comply with the provisions of the 13th article of the Ordinance, or not in accordance with these regulations guarantee the provisions of 14th, 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 13th article of the rules apply and guarantee provisions of 14th, in accordance with this Ordinance, the Customs shall detain suspected infringing goods, written notice to the intellectual property rights, and customs to detain vouchers 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.
    (Not continued) 17th as the customs agreement, 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. The 19th article of the goods suspected of infringement of patent rights the 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.
    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 and the People's Republic of China copyright law or the People's Republic of China patent law provisions, in the prosecution of suspected infringing goods detained before applying to the Court to order the suspension of infringement 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 article has following case one of of, customs should release was detained of infringement suspected goods: (a) Customs in accordance with this Ordinance 15th article of provides detained infringement suspected goods, since detained of day up 20 a days within not received court assist implementation notification of; (ii) Customs in accordance with this Ordinance 16th article of provides detained infringement suspected goods, since detained of day up 50 a days within not received court assist implementation notification, and by survey cannot finds was detained of infringement suspected goods violations intellectual property of;
    (C) the alleged infringement of a patent the consignee or consignor of the goods to customs and security payment of 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. 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 of customs protection of intellectual property rights cases of suspected crimes, cases should be transferred to the public security organs according to law.
    The fourth chapter of the 27th legal responsibility was detained suspected infringing goods, 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 infringing characteristics cannot be eliminated, the Customs shall be destroyed.
    28th article turnover boundary goods or mail carried by individuals, beyond personal use, a reasonable number, and to violate the intellectual property rights provided for in article II of this regulation, shall be confiscated by the customs.
    29th 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.
    30th articles the import or export of goods infringing intellectual property rights, constitute a crime, criminal responsibility shall be investigated according to law.
    31st 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 supplementary articles 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. The 33rd article of the regulations come into force on March 1, 2004. On July 5, 1995, issued by the State Council of the People's Republic of China regulations on customs protection of intellectual property rights abrogated. (End)