Understanding Customs Record Filing for Intellectual Property in China

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As the world becomes increasingly interconnected, safeguarding Intellectual Property Rights (IPR) is a global imperative. The stakes are higher within fast-growing economies like China. This article explains an essential protective instrument available to IPR holders in China – the customs records filing mechanism for IPR.


Delving into the Essentials: The Significance of Customs Record Filing for IPR

China Customs is a vital player in enforcing and protecting IPR during the import and export stages. This mechanism can drastically reduce the economic fallout that IPR holders might face due to potential infringement.

The practice of customs record submission sets the stage for customs authorities to initiate protective measures. By furnishing appropriate information and proof, customs can promptly isolate infringing goods. Record filing reduces the financial obligations on right holders and lowers the level of assurance customs require. Fundamentally, it acts as an effective deterrent that encourages respect for intellectual property rights.


Timeframes and Validity: Understanding the Duration of Protection

A noteworthy aspect of customs record filing for IPR in China is its duration. Once submitted, a customs record for intellectual property rights protection has a validity period of 10 years. This period can be further extended, offering enduring protection for intellectual property rights. This long-standing security is particularly beneficial for businesses with long-term operations in China, providing continuous and extended protection against infringement.


Broadening the Detention Window: A Key Advantage of Record Filing

An essential advantage of record filing is the ability to extend the customs detention period for goods under protection. This additional time allows IPR holders to assert their rights and compile essential evidence should they need to pursue legal action.


Scope and Eligibility: Who Can File, and What Can be Filed?

The types of IPR that qualify for record filing include trademarks, copyrights, related rights, and patent rights pertinent to import and export products. This wide-ranging protection ensures the comprehensive safeguarding of IPRs in the context of Chinese trade.

Eligible entities for record filing are those who legally own the rights – namely, trademark registrants, copyright owners, related rights owners, and patentees. This broad eligibility criterion ensures that a wide spectrum of intellectual property rights holders can take advantage of this protection.


The Procedure of Record Filing: What’s Involved?

Following the confirmation of rights from China Customs, the IPR holder is obliged to submit an application and provide security within a tight timeframe of three working days. The urgency of this process highlights the criticality of protecting IPR in the Chinese trade sphere.


Concluding Thoughts: Empowering Businesses Through Knowledge

Grasping the nuances of the regulations and procedures surrounding customs record filing for Intellectual Property Rights in China empowers businesses to effectively shield their interests. This tool serves as a significant deterrent to infringement, encouraging a culture of respect for IPR. As businesses master this knowledge, they equip themselves to navigate the complex Chinese trade terrain, thereby fostering innovation and enabling sustainable growth. Understanding that a submitted record has a 10-year validity period that can be extended further provides businesses with the assurance of enduring protection in this dynamic market.


Frequently Asked Questions:

What role do customs record filing play in protecting IPR? Customs record filing provides the necessary information to customs authorities, enabling them to identify and seize goods infringing on IPR at both import and export stages.

What types of IPRs can be filed for the record? Trademarks, copyrights, associated rights, and patent rights related to import and export products can be filed for record.

Who is eligible to file for the record? Individuals or entities that legally own intellectual property rights, such as trademark registrants, copyright owners, associated rights owners, and patentees, are eligible for record filing.

What is the process after obtaining confirmation of rights from Customs? After receiving confirmation of rights from China Customs, the IPR holder needs to submit an application and provide security within three working days.

How long is the validity period of a submitted customs record for IPR protection? A submitted customs record for IPR protection has a validity period of 10 years. However, this period can be extended further, providing continuous protection against infringement.

What happens during the customs detention period? The customs detention period is a timeframe during which goods under protection are held by customs authorities. This extended period provides IPR holders additional time to assert their rights and gather the necessary evidence for potential litigation.

Can the validity period of a submitted customs record be extended? Yes, the validity period of a submitted customs record, which is initially 10 years, can be further extended. This offers enduring protection for IPR holders involved in long-term operations in China.


Contact us if you need legal help in China, like registering your IPR within the customs in China, drafting contracts that follow Chinese law, background investigation of Chinese companies, protecting patents, trademarks, and verification of contracts to the law in China, etc.

If you require our assistance or have further questions about our services, please do not hesitate to contact our Customer Relationship Manager, Jan Erik Christensen, at janerik@ncbhub.com. We look forward to hearing from you and helping your business succeed in China.