These applications shall contain the following items:

(1) Title and serial number of Customs recording of the intellectual property rights applied for protection;

(2) Name or title, residence, legal representative, and major business venues of persons suspected of infringement;

(3) Name, specification and other descriptions about goods suspected of infringement;

(4) The port, time, means of transportation, and consignee or consignor of and other details about the possible entry or exit of the goods suspected of infringement;

(5) Evidences on infringement.

(6) The measures to be taken by the Customs;

(7) Other contents required by the Customs.

Article 14 Should the applicant applies to the Customs for detaining goods suspected of right infringement, it shall pay the Customs guarantees equal to the C. I. F. of the import goods or the F. O. B. of export goods.

Article 15 Should the proprietor applies to the Customs for taking protection measures for intellectual property rights that have not been put on the record at the Customs General Administration, it shall go through, in accordance with stipulations in Article 8 of these Regulations, procedures of recording of Customs protection of these intellectual property rights at the Customs General Administration at the same time of its application.

Article 16 Customs offices shall refuse applications filed by applicants for taking intellectual property rights protection measures if these applications do not conform with relevant stipulations of these Regulations.

Chapter IV Investigation and Disposal

Article17 When a customs office detains, pursuant to applications of the proprietor, goods suspected of right infringement, it shall produce customs documents of detainment and send them to the consignee or the consignor. Written notices shall also be sent to the applicant.

Should the consignee or the consignor upholds that their import or export goods do not infringe upon the intellectual property rights of the applicant, they shall submit written explanations to customs offices within seven days after receiving customs documents of detainment. In case no objections are raised by the consignee or the consignor, customs offices shall have the right to, after investigation, dispose of the detained goods suspected of right infringement as right-infringing goods. If objections are raised, customs offices shall immediately inform, in written form, the applicant of the objections.

Within 15 days after receiving written notices as stipulated in the first clause of this Article, the applicant shall have the right to apply to departments in charge of intellectual property rights for handling disputes over right infringement or raise lawsuits with people's courts.

Should customs offices discover cases suspected of crime, however, they shall pass the cases to relevant departments for investigation.


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