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Authored by: He Fang and ZHANG Siwei
In China, exclusive rights to use trademark, copyrights and associated rights, patent rights and other intellectual property rights (“IPRs”) related to imported and exported goods are protected by the Customs in accordance with the Regulations of the People’s Republic of China on Customs Protection of Intellectual Property Rights (“ Regulations”) and other relevant laws and regulations. In case of importation or exportation of suspected infringing goods, the Customs will protect the relevant IPRs that have been filed in relation to these goods and crack down infringements under the mode of protection on request or protection ex officio. Under the mode of protection on request (also known as passive protection), the goods that are suspected of IPR infringement will be seized by the Customs at the request for enforcement of the relevant IPR holder in China under Articles 12, 13 and 14 of the Regulations when the right holder finds that such goods are being imported or exported.
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