Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Customs Law of the People's Republic of China and other laws and administrative regulations for the purpose of effectively implementing the Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights (hereinafter referred to as the Regulations).

Article 2 Where intellectual property right ("IPR") holders request the Customs to take measures to protect their IPRs or handle filing of Customs protection of their IPRs with the General Administration of Customs (GAC), domestic IPR holders may file an application directly or entrust a domestic agent, while overseas intellectual right holders shall file an application by entrusting their representative offices or agents in China.

Where an IPR holder files an application by entrusting an agent in China in accordance with the provisions of the preceding paragraph, the IPR holder shall produce the power of attorney in the prescribed format.

Article 3 Where an IPR holder and the holder's agent (hereinafter collectively referred to as IPR holders) request the Customs to detain any suspected infringing goods pending the goods' importation or exportation, the holder shall file an application with the Customs to detain the suspected infringing goods according to relevant provisions of the Measures.

Article 4 A consignee of imported goods or the consignee's agent, or a consigner of exported goods or the consigner's agents (hereinafter collectively referred to as consignees or consigners) shall have reasonable knowledge of the IPR conditions of the imported or exported goods. Where the Customs requires the declaration of the imported or exported goods' IPR conditions, the consignees or consigners shall make truthful declaration and submit relevant certification documents to the Customs within the period prescribed by the Customs.

Article 5 In case any business secret is involved in relevant documents or evidences submitted to the Customs by the IPR holders or the consignees or consigners, the IPR holders or the consignors or consignees shall give written statement to the Customs.

While protecting IPRs, the Customs shall keep the business secrets of the parties concerned, except that the Customs is obliged to disclose the information according to law.