The obligee or its agent, in applying for Customs protection, shall present Record-Keeping Certificate as well as its identification papers. The agent shall also submit power of attorney granted by the obligee with the Customs.

Article 16 An obligee or his/her agent, in applying for Customs apprehension of the suspected goods, shall, in accordance with Article 14 of the Regulations of Customs Protection, pay a guarantee equivalent to the value of CIF/FOB of the imported/exported goods. If the amount of CIF/FOB cannot be decided, a sum as estimated by the customs shall be paid.

Article 17 An obligee or his/her agent without a record-keeping arrangement with the Customs General Administration, in applying for Customs protection of his/her intellectual property rights, shall, in accordance with Article 15 of the Regulations of Customs Protection, present the Customs General Administration with record-keeping application documents and application papers for protection.

Article 18 If the application documents of the obligee or his/her agent fail to meet the before-mentioned requirements in this chapter, the Customs office of the import/export port can reject.

Article 19 If an obligee with record-keeping decides to withdraw his/her request for Customs protection, he/she shall file a written request to such effect before the Customs decides to carry out the apprehension of the suspected goods.

Chapter IV Investigation and Settlement

Article 20 The Customs, in apprehending suspected goods in accordance with Articles 17 and 18 of the Regulations of Customs Protection, shall issue an apprehension voucher to the consignor/consignee and issue a written notification to the obligee or his/her agent.

Article 21 Upon notification by the Customs of the apprehension of goods suspected of infringement in accordance with Article 18 of the Regulations of Customs Protection, an obligee or his/her agent shall reply in one of the following three ways within three days after the receipt of the written notification.

1. In accordance with the provisions in Chapter Three of this set of procedures, file applications for Customs Protection and pay guarantee in accordance with Article 16 of this set of procedures;

2. Present a written statement to request the withdrawal of the right to protection and state the reasons;

3. Present a written statement to the Customs to show that the goods apprehended are not involved in rights infringement.

If the obligee or his/her agent fails to present a reply within the time limit in the aforementioned manners, the Customs may, in accordance with Article 22 of the Regulations of Customs Protection, release the goods apprehended.

Article 22 A consignor/consignee, if considering that the goods apprehended by the Customs are not involved in rights infringement, may file a written objection within seven days since receiving the apprehension voucher with the Customs that produced the voucher.


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