Chapter I General Provisions

Article 1 This set of procedures has been formulated in accordance with The Regulations of Customs of the People's Republic of China on Protection of Intellectual Property Rights (hereinafter referred to as The Regulations of Customs Protection) so as to ensure the effective protection of intellectual property rights by the Customs.

Article 2 Obligees of the intellectual property rights (referred to hereinafter as the obligee, in this set of procedures are the owners or licensees of copy rights as described in Article 9 of The Copyright Law of the People's Republic of China , the parties which have registered the trade mark as described in Article 3 of The Trade Mark Law of the People's Republic of China or the patentees as described in Article 6 of The Patent Law of the People's Republic of China.

Article 3 When it deems necessary, the Customs can request a consignor/consignee to make supplementary declaration on the intellectual property rights of the goods that are being shipped while undergoing import/export customs formalities.

The consignor/consignee shall, upon request by the Customs, truthfully declare the intellectual property rights of the import/export goods and present related documents proving ownership of the intellectual property rights or the right to legally use the intellectual property.

When it deems necessary, the Customs may, in accordance with provisions under The Customs Law of the People's Republic of China, examine and pick up samples of the import/export goods.

Article 4 In protecting intellctual property rights, the Customs shall safeguard the trade secrets of the parties concerned. The parties concerned shall expressly request the Customs to guard its trade secrets in its written document presented to the Customs.

Chapter II Record

Article 5 The application for keeping a record with the Customs for the protection of intellectual property rights shall be filed by the obligees or their agents with the Customs General Administration. If an obligee has no business site or representative offices on the Chinese territory, he/she shall entrust his/her agent in China to file the application for record-keeping.

Article 6 In case one of the co-owners of the intellectual property right has filed an application for record-keeping with the Customs General Administration, the other co-owners do not have to file such an application again.

Article 7 Obligees or their agents, in filing an application for record-keeping with the Customs General Administration, shall apply separately according to the nature of the intellectual property and category of the goods, together with other documents as stated in Article 8 of The Regulations of Customs Protection.

An agent entrusted by an obligee to file record-keeping applications shall present the power of attorney granted by the obligee concerned.


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