Chapter I General Provisions

Article 1 These Regulations are hereby formulated in line with relevant laws of the People's Republic of China to carry out customs protection of intellectual property rights, promote foreign economic relations and trade and scientific, technical and cultural exchanges, and safeguard the public interests of the society.

Article 2 These Regulations are applicable to intellectual property rights including trademark franchises, copyrights and patents that are related to import and export goods and put under protection by the laws and administrative decrees of the People's Republic of China.

Article 3 Goods infringing upon intellectual property rights put under protection by laws and administrative decrees of the People's Republic of China (hereinafter referred to as right-infringing goods) will be banned from import and export.

Article 4 The Customs of the People's Republic of China shall provide protection to intellectual property rights related to import and export goods and exercise authority stipulated in the Customs Law of the People's Republic of China.

Article 5 The consignee of import goods and the consignor of export goods as well as their agents (hereinafter totally referred to as the consignee and the consignor) shall declare faithfully to Customs as required the current status of intellectual property rights related to import and export goods and submit relevant documents.

Article 6 Proprietors of intellectual property rights and their agents (hereinafter referred to as the proprietor) shall register with the Customs their intellectual property rights related to import and export goods if they ask Customs to provide protection to these rights, and file applications to the Customs for taking protection measures if they deem it necessary.

Article 7 The Customs shall keep the commercial secrets of the parties concerned when they carry out protection of intellectual property rights.

Chapter II Recording??

Article 8 The proprietor shall file written applications to the Customs General Administration if they apply for customs recording of intellectual property rights protection.

These applications shall include the following contents:

(1) Title or name of the proprietor, place or country of registration, residence, legal representative, and major venue of business;

(2) The serial number , content and period of validity of a registered trademark; the serial number, content and period of validity of patent awarding; or contents of relevant copyrights;

(3) The title and origin of goods related to intellectual property rights;

(4) The person or persons authorized or allowed to use intellectual property rights;

(5) Customs of entry or exit, importers or exporters, major characteristics, normal prices, and other descriptions about the goods related to intellectual property rights;


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