1. The name or registered residence of the obligee has changed;

2. The licensing of the intellectual property rights has changed;

3. The conditions of goods with which an intellectual property right rests have changed;

4. The situation of the agent has changed;

5. Other circumstances that call for the change of record-keeping of the intellectual property rights.

An obligee or his/her agent, in applying for modification of the record-keeping of intellectual property rights, shall present a modification application, the Record-Keeping Certificate and other documents on modification of the intellectual property rights. When the modification of the intellectual property rights need to be approved by department in charge of the State, the approval documents to the effect shall also be presented in applying for record-keeping modification.

Article 14 Under one of the following circumstance, the Customs General Administration may rescind the record-keeping:

1. The legal protection of an intellectual property right has been declared null;

2. The obligee has transferred its intellectual property rights;

3. The obligee decides to give up its record-keeping of intellectual property rights protection with the Customs;

4. Major Customs protection fallacies incurred as a result of mistaken record-keeping by the obligee or his/her agent, or as a result of the fact that the obligee or his/her agent failed to undergo modification formalities of the record-keeping within the stipulated time limit;

5. The obligee or his/her agent failed to pay the required fees as stipulated;

6. Other circumstances that should result in the revocation of the record-keeping.

After the transfer of an intellectural property right, if the transferee wants continued Customs protection, he/she can undergo the modification formalities as stipulated in Article 13 of this set of procedures.

Chapter III Application for Customs Protections

Article 15 When an obligee or his/her agent requests protection from the Customs against suspected goods to be exported/imported, he /she shall, in accordance with Article 13 of the Regulations of Customs Protection, file a written application to this effect with the Customs office at the place where the goods are expected to be exported/imported, together with related material objects, photographs or other proofs proving the suspected infringement if requested by the Customs.

An application for Customs protection shall be written in Chinese. Other documents submitted, if written in a foreign language, shall also have Chinese version attached.

In the application for customs protection, an obligee or his/her agent shall expressly request the Customs to apprehend the goods that are involved in the suspected infringement of the intellectual property rights concerned.


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