SERVICE GUIDELINES

Customs Protection

Author: | UpdateTime:2016-04-27 | Hits:

Introduction of Customs Protection of IPR in China
(prepared by Liu, Shen & Associates)


Customs Recordal for Trademark Right

Where our client intends to have its trademark right protected through the Chinese Customs, it may firstly record its trademark right with the General Customs Administration of China. The client wishes to record its trademark rights with the Customs should provide the following documents and information:

Documents

1. a duly executed Power of Attorney,
2. a copy of business license/registration/certificate document,
3. a copy of Chinese trademark registration certificate,
4. and some photographs in JPG format showing the product and the package of the product both bearing the trademark.

Information

1. regarding the trademark owner including its name, nationality, domicile, legal representative, telephone number, fax number, department and title of a connecting person,
2. regarding the suspected infringers including their names, addresses, products, and specific borders that the products enter or leave the country (if available),
3. regarding any license contracts involved including the name and address of the licensee, the nature of the license, the goods authorized to be manufactured or distributed, and the term of valid of the license contract.

Procedure

We will file an online application with the General Customs Administration of China for recordal of trademark right, and submit afterwards related documents in written in support of the application.

The General Customs Administration of China shall, within 30 days from the receipt of all the requisite documents, notify the applicant or its agent whether the trademark is successfully recorded. When the application is approved, a Notification of Approval for Recordal will be sent to us by email. The duration of the Customs recordal shall be 10 years form the date of fulfillment of the recordal. And the renewal for another 10 years is available.

Customs Recordal for Copyright

Where our clients intends to have his copyright protected through the Chinese Customs, he may firstly record his copyright with the General Customs Administration of China. The client wishes to record his copyright with the Customs should provide the following documents and information:

Documents

1. a duly executed Power of Attorney,
2. a copy of business license/registration/certificate document,
3.a copy of copyright registration certificate issued by National Copyright Administration of China or local overseas copyright administration attached with a photo (photos) of the copyrighted work authenticated by the National Copyright Administration,
4. and sample or photographs in JPG format showing the copyrighted work.

Information

1. regarding the copyright owner including its name, nationality, domicile, legal representative, telephone number, fax number, department and title of a connecting person,
2. regarding the suspected infringers including their names, addresses, products, and specific borders that the products enter or leave the country,
3. regarding any license contracts involved including the name and address of the licensee, the goods authorized to be manufactured or distributed, and the term of valid of the license contract.

Procedure

We will file an online application with the General Customs Administration of China for recordal of trademark right, and submit afterwards related documents in written in support of the application.

The General Customs Administration of China shall, within 30 days from the receipt of all the requisite documents, notify the applicant or its agent whether the copyright is successfully recorded. When the application is approved, a Notification of Approval for Recordal will be sent to us by email. The duration of the Customs recordal shall be 10 years form the date of fulfillment of the recordal. And the renewal for another 10 years is available.

Customs Recordal for Patent Right

Where our client intends to have his patent right protected through the Chinese Customs, he may firstly record his patent right with the General Customs Administration of China. The client wishes to record his patent right with the Customs should provide the following documents and information:

Documents

1. a duly executed Power of Attorney,
2. a copy of business license/registration/certificate document,
3. a copy of Chinese patent certificate,
4. a copy of extracts from the Patent Registrar recording validity of the patent,
5. an Evaluation Report on Patentability of patent (design or utility model),
6. and some photographs in JPG format showing the patented product and the package of the product.

Information

1. regarding the patent owner including its name, nationality, domicile, legal representative, telephone number, fax number, department and title of a connecting person,
2. regarding the suspected infringers including their names, addresses, products, and specific borders that the products enter or leave the country (if available),
3. regarding any license contracts involved including the name and address of the licensee, the nature of the license, the goods authorized to be manufactured or distributed, and the term of valid of the license contract.

Procedure

We will file an online application with the General Customs Administration of China for recordal of trademark right, and submit afterwards related documents in written in support of the application.

The General Customs Administration of China shall, within 30 days from the receipt of all the requisite documents, notify the applicant or its agent whether the patent is successfully recorded. When the application is approved, a Notification of Approval for Recordal will be sent to us by email. The duration of the Customs recordal shall be 10 years form the date of fulfillment of the recordal. And the renewal for another 10 years is available.

Cost for Customs Recordal of IPR

The official fee and our service fee for filing an application for recordal of an IPR are respectively RMB 800 and RMB 2500 plus general fee and disbursement. Discount of 10% of our service fee can be offered to clients who file considerable amount of applications.

Customs Protection Method

Under the circumstance that client have recorded its registered IPR with the General Administration of Chinese Customs, the local Customs will survey the imports and exports of goods related to the IPR, and suspected exporting or imported suspected infringing goods from leaving or entering into Chinese boarders. Then the Customs will notify us in written concerning the seizure. If client believes that the goods seized infringe its IPR, we will file on behalf of client a formal request with the Custom requesting Customs protection within three working days counted as of the date of receipt of the notice. On receiving the Request, the Customs will detain the goods and conduct an investigation. Upon investigation, if the detained goods are held being infringing goods, the Customs will issue a Decision of Administration Punishment of confiscating the goods and imposing a fine.

At the request of IPR owner, the Customs will also detain temporarily suspected infringing goods, and transfer the case to the court afterwards.

Normally, we are contacted by the local Customs when they seize suspected infringing goods, and report the condition of the goods and name of the exporter to the clients. We then take instructions from clients to inspect the goods at the local Customs or file a request with the local Customs for Customs protection. We also provide necessary assistance to the Customs in their investigation at their requests and will forward Administrative Decision to client issued by the Customs.

Our service fee during the action is charge on hourly basis, which will be RMB 910 per hour plus possible disbursement and translation fee.

We have been handling Customs protection matters for a couple of years for large companies such as RICOH Company Ltd., Hachette Filipacchi Medias, LEGO A/S, General Electric Corporation, HUGOBOSS AG., and American Tool Companies, Inc. etc. and has succeeded in preventing export from Chinese border counterfeits in total value of several hundred thousand US dollars.