中华人民共和国知识产权海关保护条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON THE CUSTOMS PROTECTION OF INTELLEC

diately notify the intellectual property rights owner in writing when goods are detained. If the intellectual property rights owner submits a written application for intellectual property protection within 3 days following the written notification of the detention of goods， the matter shall be handled in accordance with provisions in Article 17 of these Regulations.

　　Article 19 Consignees or consignors maintaining that detained goods do not in fact infringe on the intellectual property rights of the applicant may apply for clearance of the goods after relinquishing a bail bond equal to two times the CIF price of the imported goods， or two times the FOB price of exported goods.

　　Article 20 When detaining suspected infringing goods under the procedures described in Articles 17 and 18 of these Regulations， Customs must conduct an investigation within 15 days following the actual detention of the goods unless any parties involved have submitted the infringement dispute to the appropriate intellectual property rights agency for handling， or has instituted action concerning the dispute in the people's court.

　　When suspecting any form of criminal activity in relation to intellectual property rights infringements， Customs shall alert the appropriate agency for further investigation.

　　Article 21 The intellectual property rights owner should afford all necessary assistance to Customs officials conducting an investigation of the suspected infringing goods in detention， and all other relevant matters.

　　Article 22 The Customs may release the suspected infringing goods in detention under any of the following circumstances： （1） if an investigation by Customs or an appropriate intellectual property rights agency has eliminated any suspicion of infringement； （2） if the people's court， by judgment or order， has eliminated any suspicion of infringement； （3） if parties involved in the dispute failed to initiate action in the people's court prior to the specified deadline， or if the people's court refuses to hear the case， or if the people's court fails to issue an order to adopt property preservation measures； （

4） if the intellectual property rights owner fails to file a reply within the specified period of time， or if the said owner relinquishes Customs protection of intellectual property rights.

　　Article 23 Suspected infringing goods in detention later found by Customs， or by an appropriate intellectual property rights agency， or by the people's court to be infringing goods shall be confiscated by Customs.

　　Article 24 Customs shall handle confiscated goods in accordance with the following provisions in the light of differing circumstances： （1） goods infringing copyrights shall be destroyed； （2） goods infringing rights to exclusive use of a trademark shall be destroyed if the infringing trademark cannot be removed from the goods； in cases when the trademark can be removed and the goods are still useable， the goods shall， after the trademark has been properly destroyed， be used for public service， or sold at public auction for the personal use of persons other than the infringer； （3） infringing goods other than those prescribed in the two preceding paragraphs shall be dealt with in accordance with relevant regulations of the State Council.

　　Article 25 Once decisions by Customs， a relevant intellectual property rights agency， or a judgment or order of the people's court take effect， any bail bond posted to Customs by concerned parties shall be returned after subtraction of the following fees： （1） warehousing， storage， disposal and other relevant fees applying to said goods； （2） compensation paid to interested parties for goods detained due to an unjust application filed by the applicant for Customs protection.

　　Article 26 Civil disputes between intellectual property rights owners and consignees or consignors of the goods shall be resolved by litigation， arbitration or other lawful means selected at the discretion of the parties involved. Customs bears no responsibility for civil cases.

　　Article 27 Customs shall be free from any responsibility and the intellectual property rights owner shall bear full responsibility if Customs， due to inaccurate information provided by the said intellectual property rights owner， fails to locate the infringing goods， or fails to commence applications for protection of intellectual property rights in a timely manner or takes improper measures to protect the intellectual property after accepting the record of intellectual property rights protection and the application for adopting measures to protect intellectual property rights.

　　Chapter V Legal Responsibility

　　Article 27 Customs shall be free from any responsibility and the intellectual property rights owner shall bear full responsibility if Customs， due to inaccurate information provided by the said intellectual property rights owner， fails to locate the infringing goods， or fails to commence applications for protection of intellectual property rights in a timely manner or takes improper measures to protect the intellectual property after accepting the record of intellectual property rights protection and the application for adopting measures to protect intellectual property rights.

　　Chapter V Legal Responsibility

　　Article 28 In cases when a consignee or consignor was aware or should otherwise have been aware that their goods infringed on the intellectual property rights of another party， Customs may fine said consignee or consignor an amount not more than the CIF price for imported goods or the FOB price for exported goods.

　　Article 29 If a consignee or consignor fails to honestly declare the status of intellectual property rights related to imported or exported goods， or fails to submit relevant verification certificates， Customs may fine the consignee or consignor an amount not more than the CIF price for imported goods or the FOB price for exported goods.

　　Article 30 Any interested party disagreeing with the punishment decision of Customs may， within

30 days from the date of receiving the punishment notice， or within 30 days from the date of the announcement of the punishment decision when the Customs is unable to serve the punishment notice on parties concerned， apply for reconsideration from the Customs rendering the punishment decision， or to a higher level Customs department； the Customs department concerned shall render a reconsideration decision within 90 days after receiving the reconsideration application. Parties who disagree with the reconsideration decision may institute action in the local people's court within 30 days after receiving the reconsideration decision.

　　Concerned parties may file suit directly in the people's court within 30 days after receiving the punishment notice， or the announcement of the punishment.

　　Article 31 If the importation or exportation of infringing goods constitutes a criminal act， the offender shall be investigated for criminal responsibility in accordance with the law.

　　Article 32 Customs officials or staff responsible for enforcing intellectual property rights protection who are found to have abused their power， willfully created undue difficulties， neglected their duties， or otherwise engaged in any malpractice to benefit an interested party， with related circumstances deemed serious enough to constitute a crime， shall be investigated for criminal responsibility in accordance with the law； Customs officials or staff engaged in acts which do not constitute a crime shall be given administrative sanctions in accordance with the law.

　　Chapter VI Supplementary Provisions

　　Article 33 Goods entering or exiting the country as luggage and other articles carried or posted by any individual which exceed the amount required for personal use， or an otherwise reasonable amount， and which infringe on the intellectual property rights of an owner under the protection of the laws and administrative regulations of the People's Republic of China， shall be treated as infringing goods and shall be handled in accordance with relevant provisions in these Regulations.

　　Article 34 Customs may charge recording fees and other necessary fees related to detaining or otherwise handling infringing goods in the course of carrying out intellectual property rights protection. Specific procedures for charging related fees shall be formulated by the General Customs Administration in association with the finance department and the commodity price department of the State Council.

　　Article 35 The General Customs Administration shall formulate specific procedures for applications for recording Customs protection for intellectual property rights， and for enforcing intellectual property rights protection， as well as all related forms and documents required.

　　Article 36 These Regulations shall go into effect as of October 1， 1995

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