Customs protection of intellectual property

Introduction
The so-called customs protection of intellectual property rights refers to the customs in accordance with relevant state law, the protection and enforcement at the border entry and exit to the goods and is subject to PRC laws and administrative regulations, protection of intellectual property, including trademark rights, copyrights and patent rights.
In order to safeguard the normal order of international trade, strengthen protection of intellectual property and promote healthy economic development, China's State Council on July 5, 1995 release of "The People's Republic of China on Customs Protection of Intellectual Property Rights Ordinance" (hereinafter referred to as "Regulations"), which Ordinance on October 1, 1995 into effect. September 28, 1995, China's General Administration of Customs promulgated the "The People's Republic of China Customs" On the Customs Protection of Intellectual Property Rights Ordinance, "the implementation of the approach" (hereinafter referred to as "implementing measures"), the "Implementation Methods", also in October 1995 1, into effect. November 26, 2003 the State Council amended and promulgated the "Regulations." The revised "Regulations" Since March 1, 2004 into effect. April 22, 2004 General Administration of Customs of China released the revised "Implementation Methods", since July 1, 2004 into effect.
Customs Protection of Intellectual Property Rights to implement a voluntary basis, to seek the customs protection of intellectual property rights were the first General Administration of Customs shall make application for IPR customs protection for the record, the filing is an important prerequisite for the Customs to implement protection.
Where the General Administration of Customs for the customs protection of intellectual property rights for the record and obtain the right qualifications who for the record and found suspected infringing goods, and out of Chinese territory will soon be out of position to the Customs and Excise Department an application for protection measures. Customs will examine the rights holders, to protect the application and decide whether to take protective measures.

Scope of the customs protection of intellectual property
China Customs scope of protection of intellectual property as defined by the following two conditions:
1. Must be with the entry and exit of goods related to intellectual property rights. Under the "Regulations" the provisions of Article III and the international practice, China's customs authorities of the object of protective measures is limited to import and export goods. The right way to China, transit, Transportation and transit goods infringing goods, due to the consignor or consignee and the place of dispatch and arrival places are all places outside China, so China's Customs does not usually act on them.
2. Protected object be limited to trademark rights, patent rights and copyright registration through the initiative. Customs Protection of Intellectual Property Rights are not exactly the same as for all by the Chinese laws and administrative regulations to protect intellectual property rights. For example, are "The People's Republic of China Against Unfair Competition Act" set up to protect trade names, trade secrets and appellation of origin such as from China Customs Protection.

To apply for IPR customs protection.
General Administration of Customs for the record has been found that the applicant suspected infringing goods pending the entry and exit, and can position the goods out of Customs to take protection measures for intellectual property rights.

Request the Customs to take measures for intellectual property protection should submit the following documents and materials:
                  1. Customs and Excise Department an application for protective measures
                  2. The power of attorney signed by the rights of the original;
                  3. The suspected infringing goods, material objects, pictures or other evidence.
                  4. The right's "record certificate" and proof of identity.
                  5. The rights of people suspected infringing goods detained by Customs and Excise Department made the request and submitted with the CIF value of imported goods or export goods, fob equivalent guarantees, the failure to determine the CIF or FOB price, should be assessed according to the Customs to submit the amount determined.
If the protective measures to withdraw the application, the applicant should be suspected infringing goods detained by Customs and Excise Department's decision to submit a written application to the Customs and Excise Department.

Entrusted application schedule

I hereby entrust Zhejiang Jintong Patent Office Co., Ltd. to apply for the following patent, trademark or copyright related matters.

Delegate Name
Applicant Information	Name
	Adress
	Zip code
Inventor or designer name
Contact Information	Name
	Adress
	Zip code
	Tel
Application Type
Other

Form filling instructions：

1. In order to improve work efficiency and shorten the work cycle, please fill in the form of the applicant, inventor and contact information, and leave the contact information, we will take the initiative to contact you, specifically when handling patent, trademark or copyright registration. The necessary documents should also be submitted in writing, and our professional staff will contact you by phone or email and explain in detail.
2. The form is a confidential form, please feel free to fill it out.
3. If you have questions or have special requirements, please fill in the “Other Requirements” column.