Meaning
Customs proactive enforcement allows officers to detain shipments of suspected counterfeit goods without a specific request from a rights holder. Executing an ex-officio border seizure relies on the database of registered intellectual property maintained by the General Administration of Customs. The procedure applies to both import and export shipments, providing a broad shield against international trademark infringement.
Authority Trigger
Customs officers check goods against the national IP registration database during routine port inspections. If they find goods bearing registered trademarks without authorization, they suspend release and notify the IP owner. This rapid administrative response disrupts the flow of counterfeit goods before they leave Chinese ports.
Administrative Timeline
Rights holders must confirm the infringement and file an application for seizure within three working days after receiving the notification. They must also provide a security bond, though this bond is capped at a lower amount than in requested seizures. The customs office then investigates the shipment and makes a determination within fifteen working days.
If they confirm the goods are infringing, they confiscate and destroy them, otherwise they release the shipment.
Foreign Protection
Multinational corporations benefit from this proactive protection by ensuring their brands are registered with Chinese customs. This registration turns the border into an active defense line, reducing the need for costly market-level litigation. This mechanism protects the integrity of global distribution networks.