Brief Introduction of Customs' Intellectual Property (IP) Protection

　　In order to sustain the normal international trade order, strengthen the protection to intellectual property and promote the healthy economic developments, the State Council of China promulgated the "Customs' Protection Regulations of the People's Republic of China" on July 5, 1995 (hereinafter called "the Regulations"), the Regulations became effective on October 1, 1995. On September 28, 1995, the State Customs' Office of China promulgated "the Implementing Rules of the Customs' Protection Regulations of the People's Republic of China" (hereinafter called "the Rules"), the Rules also became effective on October 1, 1995. The State Council amended the Regulations and promulgated it on November 26, 2003,it became effective on March 1, 2004. One April 22, 2004, the State Customs Office of China also amended and promulgated the Rules, which became effective on July 1, 2004.

　　The Customs IP Protection adopts the principle of voluntary request, IP owner wishing to obtain customs IP protection can and should first request for IP rights deposit at the State Customs Office, deposit is the important pre-condition for the Customs to carry out the protection.

　　Anyone who deposited its IP rights at the State Customs Office and obtained the certificates, when finding suspicious goods imported or exported, can request the Customs Office at the local place of importation or exportation to take measures to protect its IP rights, the Customs Office will review the request made by the IP owner to decide whether protection measure should be made or not.

Applications for customs protection of intellectual property rights for the record 
Customs protection of intellectual property rights should be filing an application or their agents (collectively referred to as the applicant) submitted to the General Administration of Customs. Right holders in China do not have any place of business or office, and should be entrusted to an agent of China raised the record to apply. A total of intellectual property rights of any person who has a right to the Customs Department by filing the application, other rights holders no longer need to apply. Intellectual Property Rights customs filing process, including application, examination and certification of three parts. 
The right to delegate the customs in the application to be submitted for the record the following documents: 
1. Customs registration application form (the right to propose to the General Administration of Customs on Customs Protection of filing an application should be filed to receive an application to the Customs in advance. Right holders or their agents shall be as required completing the application form and accompanying documents sent to or sent to General Administration of Customs. 
Made the right person filing the application shall be in accordance with the principle of a right to make an application, that each application can only be in respect of a certificate of intellectual property rights apply. Application for the use of Chinese to complete and produce for examination of the application documents to ensure a true and effective. Filing the application should be required to fill in the following: 
(1) rights. Registration documents in Chinese and English names, where the countries and regions, business license number, legal address, legal representative, contact name, contact phone, fax; agent's name, address, license number, legal representative, contact the name, contact telephone and fax. 
(2) The registered trademark name, registration number, expiration date, authorized the use of goods, patent the name, license number, brief content, expiration date; copyright of the content. 
(3) the name of intellectual property-related goods, commodity codes. 
(4) is authorized or licensed use of intellectual property's name, location, usage and license expiration date. 
(5) and the intellectual property rights related to the main features of the goods, trademarks, trade dress and packaging drawings and photos. 
(6) known to the manufacturer of infringing goods, import and export commodities name, address, suspected infringing goods, the main entry and exit customs. 
(7) The description of commercial secrets. 
(8) Customs Department decided that should be noted that other conditions. ) 
2. The power of attorney signed by the rights of the original; 
3. Of intellectual property rights holders a copy of identity documents, or copies of registration certificate of registration, or certification by the registration authority a copy; have the right of submission of agents authorized to furnish a power of attorney and agent copies of registration certificate of registration parts; the above-mentioned documents should be notarized and certified 
4. Related intellectual property rights to prove, for example: a copy of a registered trade mark a certificate of registration, the Trademark Office approved the assignment of a registered trade mark notice or record a trademark license copy of the contract; or a copy of the patent certificate, registration and public notice by the Patent Office Patent assignment copy of the contract, a copy of the patent license contract; or copyright rights in that document or evidence; 
5. License copy of the contract (in foreign languages to Chinese translation); 
6. The commodity description and photographs. Of the commodity as far as possible into a product photo shoot, a photo packaging. Photo size is 5 inches (12.5cm × 9.5cm) color photo. As more types of goods, you can add attached pages; 
7. Customs Department decided that the other documents to be submitted. 
Produce for examination of documents in foreign languages at the same time to submit a Chinese translation. 
Review. General Administration of Customs, after receipt of all application documents, the application of intellectual property record review, review of content, including the validity of intellectual property rights, whether by the Chinese laws and regulations to protect, whether the scope of customs protection, fill out the application meets the requirements submitted by the accompanying documents are submitted and so on. 
Certification. The Customs Department decided that the receipt of all application documents should be date of 30 days to inform the right people. Any grant record, and to the right person issued a "certificate of record on Customs Protection of Intellectual Property Rights."