Chapter II Filing of Intellectual Property Rights

Article 6 When filing with the GAC for IPRs protection by the Customs, an IPR holder shall submit an application to the GAC. The application shall include the following contents:

(1) Name, place of registration or nationality and address of the IPR holder; and the name, telephone, fax and email of the contact persons;

(2) Name of registered trademark, type and name of the goods approved to use the trademark, trademark graphics, the effective period of the registered trademark, and information on assignment, alteration and renewal of the registered trademark; name of works, finish time, type of works, photograph of works and information on assignment and alteration of works; name, type and application date of patent right and information on assignment and alteration of patent right;

(3) Name of the licensee, goods licensed and term of license;

(4) Name and origin of the goods whose IPR is legitimately exercised by IPR holders, the Customs in the place of entry and exit of the said goods, importer and exporter, main features and price of the said goods; and

(5) Manufacturer and importer or exporter of the goods known to infringe the IPRs, the Customs in the place of entry and exit of the said goods, and main features and price of the said goods.

An IPR holder shall submit an application separately for each item of IPR that the holder applied for filing. Where an IPR holder applies for filing of international registered trademarks, the holder shall submit an application separately for each class of goods to be filed.

Article 7 Where an IPR holder submits the application for filing to the GAC, the holder shall attach the following documents or evidences:

(1) A copy of IPR holder's ID, a copy of the business license or copies of other registered documents;

(2) A copy of the Trademark Registration Certificate issued by the trademark bureau of the administration for industry and commerce under the State Council. In case the applicant alters any of the items concerning trademark registration, extends the trademark registration, assigns the registered trademark or applies for filing of international registered trademarks, the applicant shall also submit relevant certificate of trademark registration issued by the trademark bureau of the administration for industry and commerce under the State Council;

A copy of copyrights voluntary registration certificate issued by the department of copyright registration and photographs of the works certificated by the department of copyright registration. In case an applicant fails to voluntarily register the copyright, the applicant shall submit a sample of the works that can prove the applicant is the copyright holder and other relevant evidences of the copyright;

A copy of the patent certificate issued by the patent administration under the State Council. In case the patent authorization has exceeded one year from the date of public announcement, the applicant shall also submit the duplicate of the patent register issued by the administration of patent under the State Council six months before the applicant submits an application for filing. Where an applicant applies for filing of new utility model patent or patent of appearance design, the applicant shall also submit the patent right assessment report issued by the patent administration under the State Council.

(3) Where an IPR holder allows anyone else to use any of the holder's registered trademarks, works or patents, and enters into a license contract with the holder, the holder shall provide a copy of the license contract; if no license contract is concluded, the holder shall submit a written statement on the licensee, scope and term of the license and other conditions;

(4) The photographs of the goods and their packing on which the IPR holders have legitimately exercised the holder's IPRs;

(5) Evidences of import or export known infringing goods. In case the infringement dispute between the IPR holder and others has been handled by the People's Court or IPRs administration departments, a copy of relevant legal documents shall also be submitted; and

(6) Other documents or evidences to be submitted as required by the GAC.

The documents and evidences submitted to the GAC by the IPR holders in accordance with the preceding paragraph shall be complete, true and effective. In case any relevant documents and evidences are written in any foreign language, Chinese version shall be attached. The GAC may require the IPR holders to submit the notarized or certified documents for relevant documents or evidences if necessary in its opinion.

Article 8 IPR holders shall pay for filing when filing for Customs protection of IPRs or refilling with GAC after the expiration of existing filing. The IPR holders shall remit the filing fee to an account designated by the GAC through banks. The GAC shall issue receipts when receiving filing fees. The charging standards for filing fees shall be made and promulgated by the GAC together with other state departments.

IPR holders are not required to pay the filing fee when applying for renewal or alteration of filing.

Where an IPR holder withdraws the filing application before GAC approves or refuses the application, the GAC shall return the filing fee. If the approved filing application has been canceled or revoked by the GAC or invalidated due to other reasons, the paid filing fee will not be returned.

Article 9 The filing for Customs protection of IPRs shall be valid for 10 years from the date the filing is approved by the GAC. If the valid term of an IPR is less than 10 years from the effective date of filing, the valid term of filing shall be the valid term of the IPR.

For filings approved or renewed by the GAC before the implementation of the Regulations, the valid term shall be computed according to the former valid term.

Article 10 IPR holders may, within six months before the expiration of the valid term of filing for Customs protection of IPRs, submit a written application to renew the term and attach relevant documents. The GAC shall make a decision on whether to approve it or not within 10 working days upon receipt of all application documents for renewal and notify the IPR holders in writing. If a renewal has been refused, GAC shall give reasons thereof.

The valid term of renewed filing shall be 10 years from the day after the end of the previous term. In case the valid term of the IPRs is less than 10 years from the day after the end of the previous term, the valid term of renewed filing shall be the valid term of the IPRs.

Article 11 In case there is any change of the contents for the application submitted to the Customs in accordance with Article 6 herein after the approval of the application for filing of Customs protection of IPRs by the GAC, the IPR holder shall file an application with the GAC to alter the filing and attach relevant documents.

Article 12 Where the IPRs are no longer subject to the protection of laws and administrative regulations before the expiration of the valid term of filing, or the IPRs that have been filed are assigned, the former IPR holders shall file an application with the GAC for deregistration of the Customs protection of IPRs and attach relevant documents within 30 working days from the date when the IPRs are no longer subject to the protection of laws and administrative regulations or the assignment comes into effective. If the IPR holders give up filing within the valid term of filing, they may apply to the GAC to cancel the filing.

If the IPR holders fail to apply for alteration or cancellation of filing to the GAC according to Article 11 and the preceding paragraph herein, and seriously affect the legitimate import and export of others, the GAC may cancel the relevant filing of IPRs on its own initiative or upon receiving the application of the parties concerned.

When canceling any filing, the GAC shall notify the IPR holder concerned in writing and the filing of Customs protection of IPR shall become invalid from the date of cancellation by the GAC.

Article 13 The GAC shall notify the IPR holders in writing when canceling the filing of Customs protection of IPRs in accordance with the provisions of Article 9 herein.

Where the GAC cancels the filing and the IPR holder reapplies for filing of the IPR that has already been canceled for no more than one year, the GAC may reject the said application.