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

Recordation

Article 7.   The right owner may apply for recordal of his intellectual property rights with the Customs General Administration (CGA) according to the provisions of these Regulations. Those applying for the recordal shall submit a written application, which shall include:

(1) the name, registration place or nationality, etc. of the right owner;

(2) the title, content and relevant information of the intellectual property right;

(3) any licensing agreement signed for the intellectual property right;

(4) the name, producing place, the Customs located in importing or exporting place, importer, exporter, principle features, price and other information of the goods in which the right owner exercise their intellectual property right legitimately;

(5) the manufacturer, importer, exporter, the Customs located in importing or exporting place, principle features, price and other information of the goods which have been known to infringe the intellectual property right;

Any certificates should be submitted, if there is any.

Article 8.   The CGA shall make a decision whether to record the intellectual property rights within thirty business days from the date of receipt of all the application documents and notify the applicant accordingly in writing. Where the application is rejected, the CGA shall give the reasons.

In any of the following situations, the CGA shall reject the application:

(1) where the application documents are incomplete or invalid;

(2) where the applicant is not the right owner; or

(3) where the intellectual property right is no longer protected by laws and administrative regulations.

Article 9.   Where Customs discover that the right owner fails to truthfully provide the relevant information or documents in the application, the CGA may cancel his recordal.

Article 10.   The recordal shall be valid for ten years, counted from the date of the CGA's approval of the recordal.

Where the intellectual property rights are valid, the right owner may apply for a renewal within six months before the expiration of the recordal. And each renewal is valid for ten years.

The recordal shall become invalid if the right owner does not apply for a renewal when it expires or the intellectual property rights are no longer protected by laws and administrative regulations.

Article 11.   Where the recorded intellectual property rights have changed, the right owner shall go through the formalities of changing or canceling the recordal within thirty business days from the date of alternation of the recorded intellectual property rights.