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

y inspect the relevant goods upon the approval of customs.

　　Article 18　Where the consignee or consignor considers that his goods have not infringed upon the Intellectual Property Rights of the owner of Intellectual Property Rights， he shall submit a written explanation to customs and attach the relevant evidence.

　　Article 19　Where a consignee or consignor of goods suspected of infringing upon patent rights considers that his import or export goods have not infringed upon patent rights， he may， after providing a guarantee equal to the value of the goods， request customs to release his goods. If the owner of Intellectual Property Rights fails to institute an action at a people's court within a reasonable time period， customs shall return the guarantee.

　　Article 20　If， after customs has discovered import or export goods suspected of infringing upon Intellectual Property Rights that are filed for record and has notified the owner of the Intellectual Property Rights， the owner of the Intellectual Property Rights requests customs to impound the goods suspected of infringing upon rights， customs shall， within 30 working days of the date of impoundment， investigate and confirm whether the impounded goods suspected of infringing upon rights have infringed upon Intellectual Property Rights. If it cannot confirm an infringement， it shall notify the owner of the Intellectual Property Rights immediately in writing.

　　Article 21　Where customs conducts an investigation into the impounded goods suspected of infringing upon rights and requests the assistance of the department in charge of Intellectual Property Rights， the relevant department in charge of Intellectual Property Rights shall provide assistance.

　　Where the department in charge of Intellectual Property Rights requests customs to provide assistance in the handling of rights infringement cases involving import and export goods， customs shall provide assistance.

　　Article 22　Where customs conducts an investigation into the impounded goods suspected of infringing upon rights and the relevant details， the owner of Intellectual Property Rig

hts and the consignee or consignor shall coordinate with the investigation.

　　Article 23　An owner of Intellectual Property Rights may， after applying to customs for adoption of protective measures， apply to the people‘s court for an order of cessation of the infringing act or preservation of property for the impounded goods suspected of infringing upon rights prior to the institution of action in accordance with the provisions of the PRC， Trademark Law， the PRC， Copyright Law or the PRC， Patent Law.

　　Customs that receives the notice to assist in execution of an order of cessation of an infringing act or preservation of property from the people‘s court shall provide assistance.

　　Article 24　Customs shall release the impounded goods suspected of infringing upon rights in any of the following circumstances：

　　1. customs impounds goods suspected of infringing upon rights according to Article 15 hereof， and has not received the notice to assist in execution from the people‘s court within 20 working days from the date of impoundment；

　　2. customs impounds goods suspected of infringing upon rights according to Article 16 hereof， and has not received the notice to assist in execution from the people's court within 50 working days from the date of impoundment， and cannot confirm that the impounded goods suspected of infringing upon rights has infringed upon Intellectual Property Rights after investigation；

　　3. the consignee or consignor of the goods suspected of infringing upon patent rights requests customs to release his goods after providing a guarantee equal to the value of the goods； or

　　4. customs considers that the consignee or consignor has sufficient evidence to prove that his goods have not infringed upon the Intellectual Property Rights of the owner of Intellectual Property rights.

　　Article 25　Where customs impounds goods suspected of infringing upon rights according to the provisions hereof， the owner of the Intellectual Property Rights shall pay the relevant fees for storage， custody and disposal， etc. Where the owner of the Intellectual Property Rights has not paid the relevant fees， customs may deduct such fees from the guarantee he provides to customs， or request the guarantor to perform the relevant guarantee liability.

　　Where goods suspected of infringing upon rights are confirmed as having infringed upon Intellectual Property Rights， the owner of the Intellectual Property Rights may include the relevant fees for storage， custody and disposal， etc. he has paid in the reasonable expenditure paid for cessation of the infringing acts.

　　Article 26　Where customs discovers a case suspected of a criminal offence during implementation of protection of Intellectual Property Rights， it shall hand over the case to the public security authority according to law for handling.

　　PART FOUR　LEGAL LIABILITY

　　Article 27　Where impounded goods suspected of infringing upon rights are confirmed as having infringed upon Intellectual Property Rights after investigation by customs， customs shall confiscate the goods.

　　After customs has confiscated the goods that have infringed upon Intellectual Property Rights， it shall notify the owner of the Intellectual Property Rights in writing of the relevant details of such goods.

　　Where confiscated goods that have infringed upon Intellectual Property Rights can be used for public welfare， customs shall transfer the goods to the relevant public welfare organizations to be used for public welfare. Where the owner of the Intellectual Property Rights wishes to acquire the goods， customs may transfer the goods to the owner of the Intellectual Property Rights for compensation. Where confiscated goods that has infringed upon Intellectual Property Rights cannot be used for public welfare and the owner of the Intellectual Property Rights does not wish to acquire the goods， customs may auctio

n off the goods according to law after removing the infringing characteristics. Where the infringing characteristics cannot be removed， customs shall destroy the goods.

　　Article 28　Where articles carried or sent by mail by individuals into or out of China exceed the amount for personal use or the reasonable amount and infringe upon the Intellectual Property Rights stipulated in Article 2 hereof， customs shall confiscate such articles.

　　Article 29　Where， after customs has accepted an application for record filing of protection of Intellectual Property Rights and for adoption of protective measures for Intellectual Property Rights， an owner of Intellectual Property Rights cannot provide precise details and as a result， the goods infringing upon rights are not discovered， or the protective measures are not adopted in a timely manner or effectively， the owner of the Intellectual Property Rights shall bear the liability himself.

　　Where， after an owner of Intellectual Property Rights has requested customs to impound goods suspected of infringing upon rights， customs cannot confirm whether the impounded goods suspected of infringing upon rights has infringed upon the Intellectual Property Rights of the owner of Intellectual Property Rights， or the people's court rules that the goods have not infringed upon the Intellectual Property Rights of the owner of Intellectual Property Rights， the owner of Intellectual Property Rights shall be liable for compensation according to law.

　　Article 30　Where the import or export of goods that infringe upon Intellectual Property Rights constitutes a criminal offence， criminal liability shall be pursued according to law.

　　Article 31　Where the personnel of customs are derelict in their duties， abuse their authority or practise graft in their implementation of protection of Intellectual Property Rights， and a criminal offence is constituted， their criminal liability shall be pursued according to law. Where the same is insufficient to constitute a criminal offence， they shall be subjected to administrative penalty according to law.

　　PART FIVE　SUPPLEMENTARY PROVISIONS

　　Article 32　Where an owner of Intellectual Property Rights handles record filing of his Intellectual Property Rights with the General Administration of Customs， he shall pay the fee for record filing in accordance with the relevant State provisions.

　　Article 33　These Regulations shall be implemented as of 1 March 2004. The PRC， Customs Protection of Intellectual Property Rights Regulations promulgated by the State Council on 5 July 1995 shall be simultaneously repealed

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