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Your Place: China Guide > Investement in China > Investment Environment > Politics and Society
Procedures of the Customs of the People's Republic of China on Protection of Intellectual Property Rights
Published:2008-04-22 19:07    From Site:商务部   Review: Font Size> small   middle   big

Article 8 An obligee, in applying for record-keeping, shall pay record-keeping fee in accordance with the nature of the intellectual property and the category of the goods. The way of collection and rate of the fees shall be determined separately by the Customs General Administration together with other State organs.

Article 9 When approving the applications for record-keeping, the Customs General Administration shall issue the obligee a Record-Keeping Certificate of Customs for Protection of Intellectual Property Rights (referred hereinafter as Record-Keeping Certificate).

The Customs General Administration can issue a duplicate of Record-Keeping Certificate to the co-owner of an intellectual property right other than the one that filed record-keeping applications. When the obligee applies for protection, both the original and duplicates of Record-Keeping Certificate are legally valid.

When rejecting a record-keeping application, the Customs General Administration shall notify the applicant of the rejection and provide reasons for the rejection.

Article 10 A Record-Keeping Certificate shall be effective as of the date of the its issuance by the Customs General Administration. The effective time of the recored-keeping is seven years. If the term for protecting an intellectual property is less than seven years from the date of issuance of the Record-Keeping, the effective time of the Record-Keeping Certificate shall conform with legal protection term of the intellectual property right.

Article 11 After approval of the application of the record-keeping by the Customs General Administration, upon the expiration of term of a record-keeping , the obligee or his/her agent may apply to the Customs General Administration for a renewal within six months before the date of the expiration.

The obligee or agent, in applying for record-keeping renewal, shall present a written application.

Article 12 The Customs General Administration shall, within 15 days since the receipt of the record-keeping renewal application, decides whether to approve or reject the application. In case of rejection, the Customs General Administration shall issue a written notification and state the reasons.

The renewed record-keeping approved by the Customs General Administration shall be effective as of the date immediately following the expiration of the original record-keeping term.

The effective term of the renewed record-keeping is seven years. If the legal protection time for an intellectual property right is less than seven years as of the effective date of the renewed record-keeping, the effective term of the renewal shall conform with the intellectual property rights' legal protection time.

Article 13 In one of the following circumstances, an obligee or his/her agent shall go through modification formalities of intellectual property protection with the Customs General Administration:


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