IPRs (2003)
BIZCHINA / Intellectual property
Regulations of the People's Republic of China on Customs Protection of
IPRs (2003)
Updated: 2006-04-20 10:02
Article 25. Where Customs detain the suspected goods according to these
Regulations, the right owner shall pay the fees of storage, custody and
disposal, etc. of the goods. Where the right owner does not pay the
relevant fees, Customs may deduct them directly from the guarantee
submitted by the right owner or ask the guarantors to fulfill their
guaranty obligation.
Where the detained goods are confirmed to infringe intellectual property
right, the right owner may add the fees above to the reasonable expense
incurred to stop infringing acts.
Article 26. Where Customs find cases suspected to commit crimes when
they take actions to protect intellectual property rights, they shall
transfer these cases to the public security authority.
Chapter IV Legal Liability
Article 27. Where the detained goods are confirmed as infringing goods
after Customs investigation, the Customs shall confiscate the goods.
Customs shall notify the relevant circumstances of the infringing goods
to the right owner in writing after confiscation.
Where the infringing goods can be used for charitable purpose, Customs
shall transfer them to the charitable organizations; where the right
owner has the willing to purchase the infringing goods, Customs may sell
the goods to them; where the infringing goods can not be used for
charitable purpose and the right owner does not intend to purchase the
goods, Customs may auction off the goods after removing the infringing
features from the goods; where it is not feasible to remove the
infringing features, Customs shall destroy the infringing goods.
Article 28. Where the articles carried or posted in or out the border
by an individual are beyond the personal use and the reasonable quantity
and have infringed the intellectual property right defined in Article 2
of these Regulations, Customs shall confiscate the articles.
Article 29. After Customs accept a application for recordal of
intellectual property right and a request to take actions to protect his
intellectual property right, where Customs can not find the infringing
goods, adopt protective measures in a timely manner nor the protective
measures adopted are not sufficiently strong, because the right owner
failed to provide precise information, the right owner shall undertake
the consequence by himself.
After the right owner requests Customs to detain the suspected goods,
where the Customs can not confirm that the detained goods have infringed
the intellectual property rights of the right owner or the People's Court
make a judgment that the goods have not infringed the intellectual
property right of the right owner, the right owner shall undertake the
compensation responsibility in accordance with law.
Article 30. Where anyone import or export goods that have infringed
intellectual property right, which constitutes a crime, he shall be
prosecuted for his criminal liability in accordance with law.
Article 31. When taking actions to protect intellectual property
rights, any functionary of Customs abuses his power, or engages in
malpractice for personal gain, which constitutes a crime, shall be
prosecuted for his criminal liability in accordance with law. Where the
case is not so serious to constitute a crime, he shall be given
disciplinary sanction in accordance with law.
Chapter V Supplementary Provisions
Article 32. Where the right owner applies for a recordal of
intellectual property rights with the CGA, he shall pay the recordal fee
according the relevant regulations.
Article 33. These Regulations shall enter into force on March 1, 2004.
The Regulations on Customs Protection of Intellectual Property Rights of
the People's Republic of China promulgated by the State Council on July
5, 1995 shall be abrogated at the same day.
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