Meaning
Proactive customs enforcement procedures allow border officials to suspend the export of suspected infringing goods without a pre-existing specific application from a right holder. When border officers discover cargo that matches intellectual property registered on the customs database, they execute a mode one detention to verify authorization. This mechanism relies on the alertness of customs inspectors rather than direct monitoring by the brand owner.
Customs Operation
Inspectors identify suspicious shipments during routine export clearance checks at ports and dry borders. If the exporter lacks the correct recorded authorization, customs halts the shipment and issues an official notice to the intellectual property holder. This action triggers a strict response window for the patent or trademark owner to confirm the infringement.
Administrative Duration
The right holder has only three working days to respond to the notification and request formal detention. This short window requires brand owners to maintain active communication channels with Chinese customs authorities. If the right holder fails to respond within this timeframe, the detained goods are released back into the normal logistics chain.
Consignee Obligation
The right holder must deposit a financial bond to cover potential damages. This bond secures the continuation of the border halt.