Chapter III Detainment upon Application

Article 14 Where an IPR holder finds any importation or exportation of suspected infringing goods and requests the Customs to detain them, the holder shall file an application with the Customs in the goods' place of entry and exit according to Article 13 of the Regulations. If relevant IPRs have not been filed with the GAC, the IPR holder shall attach the documents and evidences as prescribed in Item (1) and (2) of Paragraph 1 of Article 7 herein.

The IPR holder that requests the Customs to detain the suspected infringing goods shall also submit evidences sufficient to prove the existence of such infringement to the Customs. The evidences submitted by the IPR holder shall be able to prove the following facts:

(1) The goods that the holder requests the Customs to detain are to be imported or exported; and

(2) The trademark or work that has infringed the special use right of the holder's trademark is used in the goods or the holder's patent is used without approval.

Article 15 Where an IPR holder requests the Customs to detain the suspected infringing goods, the holder shall provide a guarantee equivalent to the goods' value to the Customs within the time limit prescribed by the Customs.

Article 16 Where an IPR holder submits an application that is not in compliance with the provisions of Article 14 herein or the holder fails to provide the guarantee in accordance with the provisions of Article 15, the Customs shall turn down the holder's application and notify the holder in writing.

Article 17 Where the Customs detains the suspected infringing goods, it shall notify the IPR holders in writing of the name, amount and value of the goods, the name of the consignees or consigners, the declaration date of import or export and the date of detainment by the Customs.

The IPR holders may inspect the goods detained by the Customs upon the Custom's approval.

Article 18 Within 20 working days from the detainment of the suspected infringing goods, the Customs shall give assistance if it receives a written notice from the People's Court requesting for assistance in detaining relevant goods; if the Customs does not receive the detainment assistance notice from the People's Court or the IPR holder requests the Customs to release the relevant goods, the Customs shall release the said goods.

Article 19 Where the Customs detains the suspected infringing goods, it shall send the detainment voucher of the said goods to the consignees or consignors.

The consignees or consignors may inspect the goods detained by the Customs upon consent of the Customs.

Article 20 Where consignees or consignors, in accordance with Article 19 of the Regulations, request for the release of their goods detained by the Customs on suspicion of patent right infringement, they shall file a written application and provide the Customs a deposit equivalent to the goods' value.

Where the consignees or consignors request the Customs to release their goods suspected of patent right infringement, the Customs shall release the goods and notify the IPR holder in writing in compliance with the provisions of the preceding paragraph.

The IPR holder that files a lawsuit concerning patent infringement dispute with the People's Court shall submit a copy of the case acceptance notice issued by the People's Court to the Customs within 30 working days from the date receiving the written notice of the Customs mentioned in the paragraph above.