Upon receiving the written objection of the consignor/consignee, the Customs shall send the obligee or his/her agent a written notification of the dispute over infringement.

Article 23 If an obligee or his/her agent, in accordance with Article 17 of the Regulations of Customs Protection, files a complaint over the disputed rights infringement with the departments in charge for the administration of intellectual property rights protection or files a lawsuit with the people's court, a written notification as well as related documents' duplicate shall be sent to the Customs within 15 days since the receipt of the Customs written notification of the infringement dispute. Without receiving the notification after the deadline, the Customs, in accordance with Article 22 of the Regulations of Customs Protection, shall release the apprehended goods.

Article 24 A consignor/consigee, in requesting the release of the concerned goods in accordance with Article 19 of the Regulations of Customs Protection, shall file a written request with the Customs and pay in advance a guarantee equivalent to twice as much as the CIF/FOB of the imported/exported goods.

Before releasing the goods, the Customs shall pick up a sample and have it sealed and clearly marked by the Customs and the consignor/consignee confirms by signing on the paper strip seal or through other means.

Article 25 Under one of the following circumstances, the Customs can reject the application by a consignor/consignee for release of the goods suspected of rights infringement:

1. The consignor/consignee failed to file an objection over the Customs apprehension of the goods in accordance with related provisions;

2. The consignor/consignee failed to pay the required guarantee in advance;

3. The goods apprehended by the Customs are involved in other illegal matters;

4. The people's court has already made a ruling of possession protection;

5. Other conditions for the Customs to release the goods were not met.

Article 26 The Customs shall, in accordance with Article 20 of the Regulations of Customs Protection, start to make investigations on the goods suspected of rights infringement and related matters within 15 days since the apprehension of the goods. The Customs shall cease the investigations under one of the following circumstances:

1. The parties concerned have filed a complaint with the departments in charge for the protection of intellectual property rights or have filed a lawsuit with the people's court over the rights infringement dispute;

2. The Customs suspect that the dispute involves criminal activities and thus should be turned over to other related departments for further investigation.

During the investigation, the obligee or its agent shall give necessary assistance as required by the Customs.


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