Sub Assembly Mapping Strategies under PRC Patent Law
Mapping sub-assemblies against PRC patent claims separates component scope from combined assembly limitations to manage indirect liability and customs hold risks.
GACC Detention
Meaning
Border enforcement measures executed by the General Administration of Customs of China halt the export or import of goods suspected of violating registered intellectual property rights. A gacc detention occurs when customs officers identify shipments that match the patterns of registered trademarks, patents, or copyrights stored in the national border protection database. This administrative action prevents infringing products from entering global distribution channels.
It protects both domestic manufacturers and international buyers from counterfeit goods.
Security Deposit
To initiate a detention, the intellectual property right holder must submit a security deposit. This deposit covers potential damages to the exporter if the goods are later found to be non-infringing. The amount of the deposit depends on the value of the seized shipment.
Investigation Process
Once customs officials execute a gacc detention, they notify both the importer or exporter and the right holder. The right holder has a fixed period of three working days to request the detention and submit the required financial security. Customs will then investigate the shipments and make an infringement determination within thirty working days.
If the case is complex or requires technical analysis, the authorities may refer the dispute to a civil court or the local intellectual property administration.
Release Condition
Detained goods can be released under specific statutory conditions. If the right holder fails to file a formal request or pay the security deposit within the deadline, the customs office must release the cargo. The exporter can also request release by providing a counter-security deposit equal to double the value of the goods when patent rights are involved.
This mechanism allows legitimate trade to continue while dispute resolution proceeds.