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Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights (2004)

General Provisions

Article 1.   These Regulations are formulated in accordance with the Customs Law of the People's Republic of China so as to implement Customs protection of intellectual property rights and to promote economic, trade, science, technology and culture exchanges with foreign countries, and to safeguard the public interests.

Article 2.   Customs protection of intellectual property rights used in these Regulations refers to protection of the exclusive right to use a trademark, copyright and related rights, and patent right (referred hereinafter as "intellectual property rights") over imported or exported goods that are protected by laws and administrative regulations of the People's Republic of China.

Article 3.   The People's Republic of China forbids import or export of goods that infringe intellectual property rights.

Customs shall implement protection of intellectual property rights according to the relevant Chinese laws and provisions in these Regulations, and shall exercise their rights regulated in the Customs Law of the People's Republic of China.

Article 4.   Where the owner of intellectual property rights (referred hereinafter as "right owner") asks for Customs protection, he shall file an application for protective measures with Customs.

Article 5.   The consignees or consignors and their agents of imported or exported goods shall, in accordance with the related regulations, truthfully declare the status of the intellectual property rights of their goods to Customs and submit relevant certificates.

Article 6.   Customs shall keep the trade secrets of the relevant parties confidential when they take actions to protect intellectual property rights.