律盟知識產權代理

Rules of the Customs of People's Republic of China for Implementing the Regulations of People's Republic of China on Customs Protection of Intellectual Property Rights

 
Rules of the Customs of People's Republic of China for Implementing the Regulations of People's Republic of China on Customs Protection of Intellectual Property Rights
 
(Adopted at the Executive Meeting of the General Administration of Customs on April 22, 2004, , promulgated by Decree No.114 of the General Administration of Customs on May 25, 2004, and effective as of July 1, 2004)
 
Chapter I  General Provisions
   
Article 1  These Rules are formulated in accordance with the Customs Law of the People's Republic of China and other laws and administrative regulations' in order to implement effectively the Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights (hereinafter referred to as the “Regulations”).
   
Article 2  Where any holder of intellectual property right requests the Customs to take protection measures for his intellectual property rights or goes through procedures of Customs Protective Recordation of Intellectual Property Rights with the General Administration of Customs, he is entitled to lodge the application, directly or entrust an agent established in mainland China on his behalf, on condition that he is located in mainland China,. Where such holder of intellectual property right is located outside mainland China, he shall entrust either his liaison office or an agent, both are established in mainland China, to lodge the application on his behalf.
   
  Where the holder of intellectual property right entrusts an agent established in mainland China to present his application in accordance with the preceding paragraph, he shall produce a power of attorney in a prescribed form.
   
Article 3  When the holder of intellectual property right or his agent (hereinafter collectively referred to as the holder of intellectual property right) discovers that the suspected infringing goods pending to import or export, he may apply to the Customs for detention of such goods in accordance with the provisions in Chapter 3 of these Rules.
   
  Where the relevant goods are suspected of infringing an intellectual property right that have been recorded with the General Administration of Customs, the holder of intellectual property right may report to the Customs and apply for detaining such suspected infringing goods by the Customs in accordance with the provisions in Chapter 4 of these Rules.
   
Article 4  The consignor or consignee of import or export goods or his agent (hereinafter collectively referred to as the consignor or consignee) shall, to a reasonable extent, have knowledge of the intellectual property right status of his import or export goods. If the status of intellectual property right related to his import or export goods is obliged to be declared, the consignor or consignee shall make such declaration and present any relevant evidentiary documents truthfully to the Customs.
 
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