In September 1994, China began to implement border protection for intellectual property rights. At present, China's customs has established a complete intellectual property law enforcement system, including the examination of customs declaration documents, the inspection of import and export goods, the detention and investigation of infringing goods, the punishment of illegal importers and exporters, and the disposal of infringing goods.
In October 1995, China promulgated the Regulations on the Customs Protection of Intellectual Property Rights for the first time, and began to establish a border protection system for intellectual property rights in line with the rules of the World Trade Organization.
The Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights shall come into effect on March 1, 2004. The Regulations consist of five chapters, 33 articles, including general provisions, the filing of intellectual property rights, the application for detention of suspected infringing goods and their handling, legal liabilities and supplementary provisions. The Regulations point out that the customs protection of intellectual property rights refers to the customs protection of the exclusive right to use trademarks, Copyrights and copyright-related rights and patent rights related to import and export goods and protected by the laws and administrative regulations of the People's Republic of China. Article 1 states that these Regulations are formulated in accordance with the Customs Law of the People's Republic of China. Article 3 states that the State prohibits the import and export of goods that infringe intellectual property rights. The Regulations provide that intellectual property rights holders may apply to the General Administration of Customs for the record of their intellectual property rights in accordance with the provisions of these Regulations. The filing for customs protection of intellectual property rights shall take effect as of the date on which it is approved by the General Administration of Customs and shall be valid for 10 years. According to the Regulations, if an intellectual property right holder finds that the infringing goods are about to be imported or exported, he may file an application with the customs of the place where the goods enter or leave the country to detain the suspected infringing goods. The detained goods suspected of infringement shall be confiscated by the Customs if, after investigation by the Customs, they are found to have infringed intellectual property rights. The Regulations shall come into force on March 1, 2004. The Regulations of the People's Republic of China on the Customs Protection of Intellectual Property Rights promulgated by The State Council on July 5, 1995 shall be repealed simultaneously.
Customs filing protection of intellectual property rights refers to the protection of the exclusive right to use trademarks, Copyrights, copyright-related rights and patent rights in accordance with the relevant provisions of the State in order to prohibit the import and export of goods that infringe intellectual property rights, and the protection of the laws and administrative regulations of the People's Republic of China in relation to import and export goods.
The intellectual property right holder may also take the initiative to request the Customs to implement intellectual property protection, provided that an application for taking protective measures shall be submitted to the Customs in advance.
The consignee or his agent for import goods and the consignor or his agent for export goods shall, in accordance with State regulations, truthfully declare to the Customs the status of intellectual property rights related to import and export goods and submit relevant supporting documents.
When implementing intellectual property protection, the Customs shall be obliged to keep confidential the business secrets of the parties concerned.
