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The Guide of Application for Protection of Intellectual Property Right in PRC Customs

    Along with the development of global economy and trade, more and more actions of infringement in the field of intellectual property appear, and a large amount of infringement products are exporting and importing through customs. So it is becoming more and more urgent to seek the protection of intellectual property in customs.
    The main procedures for protection of intellectual property in PRC customs include: putting on a record, preserving the cargo, investigating and settling. Owners of the intellectual property can take two steps as follows to require customs to protect their rights concerning the exporting or importing cargo:
a. Put on a record first in the General Administration of Customs for the intellectual property right after getting it.
b. Apply for protection to the local customs when finding products of infringement is about to import or export.
    The intellectual property hereby refers to Trademark Exclusive Right, Copyright and Patent Right.

1. Necessary documents for Putting on a record

    Chinese and English name of the applicant, registered address, nationality or legal representative, address of main office.
    Copy of ID card of the applicant or duplicate of business license.
    Evidence of ownership of intellectual property right, i.e., copy of Trademark registration certificate, copy of Patent certificate, documents or evidences showing the ownership of copyright. If right assignment has occurred, the announcement made by Trademark Bureau for the assignment of the Trademark or Patent assignment Contract officially registered and announced by Patent Bureau should be submitted.
    If right authorization has occurred, copy of trademark license contract or copy of patent license contract should be submitted.
    Name or sample of the cargo concerning the intellectual property right, main customs of import and export, main characteristic, normal price, two photographs of the product and its package.
    If cargo of infringement is known, the manufacturer of the productions, importer or exporter, main characteristic, normal price and other information of the production of infringement should be offered.
    A power of attorney signed by owner of the intellectual property should be offered.

2. Take actions of customs protection

    Necessary documents for applying for protection.
    Identification certificate of owner of intellectual property, certificate issued by customs indicates that application for protection of the intellectual property has been putted on record.
    Name, address, legal representative and main business address of the suspected infringer.
    Name, specification and other information of cargo suspected.
    Supposed importing or exporting port, time, transport tools, consignee and consigner and other information of cargo suspected.
    Evidence of infringement such as objects, photographs or other evidence.
    The actions inquiring customs to take. It shall be necessary to clearly require customs to preserve the suspected cargo.
    Other information required by customs.

    After owners or their agent had asked customs to take protection actions, customs will take relevant actions, deciding to preserve the suspected cargo, issuing a customs preservation certificate and delivering it to consignee or consigner, and informing applicant in writing and so on to protect legal rights and interests of the intellectual property owners.

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