Guide to application for putting on records of intellectual
property right protection in China custom
A. recordal of intellectual property right in custom
1. information in application form: 1) name or title of applicant,
which means the name of patentee, trademark right owner, and copyright
owner. 2) nationality, business number, legal representative, legal
address, link man name, and correspondence address of applicant.
3) explanation of status of intellectual property: a). patent status:
offer duplication of patent certificate b). trademark status: offer
duplication of trademark registration certificate
2. additional documents for recordal: duplication of business or
ID card of intellectual property right owner, notarized duplication
of intellectual property right certificate, and duplication of transferring
or license contract of intellectual property right.
B. apply for measure of protecting intellectual property right
1. content of application form: title/name of intellectual property
and recordal number in custom; name of infringing suspicious person,
and it’s location, legal representative, main business location;
name and standard of infringing suspicious merchandise; information
of port, time, conveyance, consignee or consigner; proof on infringement;
and desired measure.
2. measure adopted by Custom: If infringing merchandise were found
imported/exported through the port, intellectual property right
owner could ask custom detain it directly. And if Custom found the
imported/exported merchandise have suspicion that infringe the intellectual
property right which have been recorded in custom, custom is entitled
to retain the suspicious merchandise.
3. apply for the protect measure adopted by custom to the district
custom where the infringing merchandise was imported/exported.