Meaning
Intellectual property rights registration provides a basis for border protection by the General Administration of Customs. Under the system of chinese customs ip recordation trademark, patent, copyright and design holders list their assets in a central database. The filing enables customs officers to identify and seize counterfeit goods during export and import inspections.
Protection applies to both active shipments and those flagged through risk analysis. The recordation remains valid for ten years and is renewable.
Protection Scope
National law allows for the registration of various forms of intellectual property. A chinese customs ip recordation covers trademarks registered in the country, patents granted by the national office, and copyrights regardless of where they were created. The database includes photos of genuine products and known packaging details.
Officers use the information to distinguish legitimate cargo from unauthorized copies.
Interception Mechanism
Customs officials have the authority to suspend the clearance of suspected infringing goods. When a match is found during a physical inspection, the authority notifies the right holder who has filed a chinese customs ip recordation. The right holder then has three days to request a formal detention and provide a security bond.
The bond covers potential losses to the importer if the goods are later found to be non infringing. Customs may also share information with other law enforcement agencies to dismantle the production networks behind the seized items.
Detention Procedure
Formal investigation follows the initial seizure of the cargo. If the authority confirms the infringement, the goods are usually confiscated and the infringer is fined. Proceeds from the bond may be used to pay for warehousing and destruction costs.
The right holder receives a formal notice of the outcome which can be used in further legal action against the manufacturer.
