中华人民共和国知识产权海关保护条例 PRC Customs Protection of Intellectual Property Rights Regulations

国务院令第395号

（Promulgated by the State Council on 2 December 2003 and effective as of 1 March 2004.）

颁布日期：20031202 　实施日期：20040301 　颁布单位：国务院

　　PART ONE　GENERAL PROVISIONS

　　Article 1　These Regulations are formulated in accordance with the PRC， Customs Law in order to implement customs protection of intellectual property rights， promote foreign economic trade and technological and cultural exchange， and safeguard social interests.

　　Article 2　For the purposes of these Regulations， “customs protection of intellectual property rights” refers to the implementation of protection by customs of the exclusive rights to use a trademark， copyrights and the rights related thereto， and patent rights that are related to import and export goods and that are protected by PRC laws and administrative regulations （Intellectual Property Rights）。

　　Article 3　The State prohibits the import and export of goods that infringe upon Intellectual Property Rights.

　　Customs shall implement protection of Intellectual Property Rights and exercise the relevant powers stipulated in the PRC， Customs Law in accordance with the provisions of relevant laws and these Regulations.

　　Article 4　Owners of Intellectual Property Rights that request customs to implement protection of Intellectual Property Rights shall submit an application to customs for adoption of protective measures.

　　Article 5　Consignees of import goods or their agents， and consignors of export goods or their agents shall truthfully declare to customs the details of Intellectual Property Rights related to the import or export goods， and shall submit the relevant supporting documents.

　　Article 6　When implementing protection of Intellectual Property Rights， customs shall maintain the confidentiality of the trade secrets of the related parties.

　　PART TWO　RECORD FILING OF INTELLECTUAL PROPERTY RIGHTS

　　Article 7　An owner of Intellectual Property Rights may apply to the General Administration of Customs for record filing of his Intellectual Property Rights according to the provisions hereof. To apply for record filing， an application form shall be submitted. An application form shall include the following particulars：

　　1. the name or personal name， place of registration or nationality， etc. of the owner of the Intellectual Property Rights；

　　2. the name， details and the relevant information of the Intellectual Property Rights；

　　3. the details of the exercise of the Intellectual Property Rights licence；

　　4. the name， place of origin， customs at the point of entry/exit， importers and exporters， major characteristics， and prices， etc. of the goods of which the Intellectual Property Rights are lawfully exercised by the owner of Intellectual Property Rights； and

　　5. the manufacturers， importers and exporters， customs at the point of entry/exit， major characteristics， and prices， etc. of goods that are known to have infringed upon Intellectual Property Rights.

　　Where there are supporting documents for the contents of the application form specified in the preceding paragraph， the owner of Intellectual Property Rights shall attach the supporting documents.

　　Article 8　The General Administration of Customs shall， within 30 working days of the date of receipt of all application documents， render a decision on whether to grant approval for record filing， and shall notify the applicant in writing. Where approval for record filing is not granted， the reasons therefor shall be stated.

　　The General Administration of Customs shall not grant approval for record filing in any of the following circumstances：

　　1. the application documents are incomplete or invalid；

　　2. the applicant is not the owner of the Intellectual Property Rights； or

　　3. the Intellectual Property Rights are no lon

ger protected by laws or administrative regulations.

　　Article 9　If customs discovers that an owner of Intellectual Property Rights that applies for record filing of Intellectual Property Rights has not provided the relevant details or documents truthfully， the General Administration of Customs may revoke its filed record.

　　Article 10　A filed record for customs protection of Intellectual Property Rights shall be effective as of the date on which the General Administration of Customs grants approval for record filing， and shall be valid for 10 years.

　　Where the Intellectual Property Rights are valid， the owner of the Intellectual Property Rights may， within six months prior to the expiration of the term of validity of the filed record for customs protection of Intellectual Property Rights， apply to the General Administration of Customs for an extension of the filed record. The term of validity of each extension of a filed record shall be 10 years.

　　Where no application for extension has been made upon the expiration of the term of validity of a filed record for customs protection of Intellectual Property Rights， or the Intellectual Property Rights are no longer protected by laws or administrative regulations， the filed record for customs protection of Intellectual Property Rights shall immediately become void.

　　Article 11　Where there is a change in the details of a filed record of Intellectual Property Rights， the owner of the Intellectual Property Rights shall， within 30 working days of the date on which the change occurs， carry out the amendment or cancellation procedures with the General Administration of Customs.

　　PART THREE　APPLICATION FOR IMPOUNDMENT OF GOODS SUSPECTED OF INFRINGING UPON RIGHTS， AND THE HANDLING THEREOF

　　Article 12　Where an owner of Intellectual Property Rights discovers that goods suspected of infringing upon rights are about to be imported or exported， he may submit an application for impoundment of goods suspected of infringing upon rights to the customs of the place where the goods are to enter into， or exit from， China.

　　Article 13　Where an owner of Intellectual Property Rights requests customs to impound goods suspected of infringing upon rights， he shall submit an application form and the relevant supporting documents， and shall provide evidence that is sufficient to prove that the infringement clearly exists.

　　An application form shall include the following main particulars：

　　1. the name or personal name， place of registration or nationality， etc. of the owner of the Intellectual Property Rights；

　　2. the name， details and the relevant information of the Intellectual Property Rights；

　　3. the names of the consignees and consignors of the goods suspected of infringing upon rights；

　　4. the name and specifications， etc. of the goods suspected of infringing upon rights； and

　　5. the port by which， the time at which and the means of transportation by which， the goods suspected of infringing upon rights may enter into， or exit from， China.

　　Where the goods suspected of infringing upon rights are suspected of infringing upon Intellectual Property Rights that are filed for record， the application form shall also include the customs record number.

　　Article 14　Where an owner of Intellectual Property Rights requests customs to impound goods suspected of infringing upon rights， he shall provide to customs a guarantee equal to the value of the goods for compensation of any loss that may be incurred by the consignee or the consignor due to improper application， and for payment of fees for the storage， custody and disposal， etc. of the goods after they are impounded by customs. Where an owner of Intellectual Property Rights pays the fees for storage and custody directly to the storage provider， such fees shall be deducted from the guarantee. The specific procedures shall be

formulated by the General Administration of Customs.

　　Article 15　Where an owner of Intellectual Property Rights that applies for impoundment of goods suspected of infringing upon rights satisfies the provisions of Article 13 hereof and provides a guarantee in accordance with Article 14 hereof， customs shall impound the goods suspected of infringing upon rights， notify the owner of Intellectual Property Rights in writing， and deliver a certificate of impoundment by customs to the consignee or consignor.

　　Where an owner of Intellectual Property Rights that applies for impoundment of goods suspected of infringing upon rights does not satisfy the provisions of Article 13 hereof or has not provided a guarantee in accordance with Article 14 hereof， customs shall reject the application and notify the owner of Intellectual Property Rights in writing.

　　Article 16　Where customs discovers import or export goods that are suspected of infringing upon Intellectual Property Rights that are filed for record， it shall notify the owner of the Intellectual Property Rights immediately in writing. Where， within three working days of the date of delivery of the notification， the owner of the Intellectual Property Rights submits an application according to Article 13 hereof and provides a guarantee according to Article 14 hereof， customs shall impound the goods suspected of infringing upon rights， notify the owner of the Intellectual Property Rights in writing， and deliver a certificate of impoundment by customs to the consignee or consignor. Where the owner of the Intellectual Property Rights fails to submit an application or provide a guarantee within the time limit， customs may not impound the goods.

　　Article 17　An owner of Intellectual Property Rights and the consignee or consignor ma

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