Meaning
Registration procedures with the general administration of customs provide a centralized database of intellectual property rights for use in border enforcement. GACC recordation is the formal process by which owners of trademarks, patents, and copyrights submit their legal documents to the customs authority to enable the proactive seizure of infringing goods. It applies to both domestic and foreign right holders who wish to protect their products from unauthorized import or export.
The boundary of this system is the national customs network, which uses the recorded information to identify suspicious shipments during routine inspections. This registration is a prerequisite for ex-officio detention, where customs officers take action on their own initiative without a specific request from the right holder. By maintaining an up to date record in the system, companies can ensure that their intellectual property is defended at every port and land border in the country.
System Benefits
Centralized data management allows for a more efficient and consistent approach to intellectual property protection across a vast geographical area. GACC recordation ensures that every customs house in the country has access to the same information regarding the legal status of a brand and the authorized manufacturers allowed to produce it. This information is critical for identifying counterfeit products that might otherwise pass through less experienced or less equipped local ports.
The system also allows right holders to upload images of their genuine products and descriptions of common infringing features, which serves as a training tool for customs officers. Furthermore, the recordation provides a legal basis for customs to demand a lower security bond from the right holder when a shipment is detained. This reduces the financial burden on the company and makes it easier to take swift action against infringers.
The proactive nature of this system makes it one of the most effective tools for brand protection in the global supply chain.
Application Process
Submission of the necessary documents is done through an online portal managed by the general administration of customs in Beijing. GACC recordation requires a digital copy of the trademark or patent certificate, the name and contact details of the right holder, and a list of all authorized users of the intellectual property. The application must also include information about the legitimate products, such as their typical price range, the common modes of transport, and the ports they usually pass through.
Once the application is submitted, the customs authority has thirty working days to review the documents and decide whether to grant the recordation. If the application is approved, a recordation certificate is issued, and the information is distributed to all local customs offices. The recordation is valid for ten years and can be renewed as long as the underlying intellectual property right remains in force.
Right holders must be careful to update the system if there are any changes to their authorization lists or if they discover new types of counterfeit goods.
Enforcement Coordination
Interaction between the right holder and the customs authorities is essential for the successful detention and confiscation of infringing products. GACC recordation facilitates this coordination by providing a clear protocol for notification and response when a suspicious shipment is identified. When customs finds a potential violation, they use the contact information in the system to alert the right holder, who must then confirm the infringement and provide a bond within three working days.
This rapid response is necessary because of the high volume of trade and the limited storage space at ports. The system also allows right holders to file specific petitions for detention if they have intelligence about a particular shipment of infringing goods. In these cases, the information in the recordation serves as the foundational evidence for the customs action.
This cooperative model ensures that enforcement is based on accurate information and that the interests of the right holder are prioritized. The recordation remains a vital asset for any company looking to secure its brand in the international market.
