1. Recordation of Intellectual Property Rights (IPR)

The Customs Protection Recordation of IPR refers to the system of notifying the GACC in writing by the IPR holder of the legal status of the IPR he is entitled to and the import and export information of the goods involving such IPR and the infringing goods according to the "Regulations of the People's Republic of China on the Customs Protection of IPR".

2. Application for Detention of Suspected Infringing Goods and the Handling Measures

Protection Measures pursuant to Application: Where discovering the suspected infringing goods pending importation or exportation, the holder of the intellectual property right may present an application with the Customs at the port of entry or exit for detaining such goods, and the Customs will detain the relevant goods upon application.

Ex Officio Protection Measures: Where the Customs discover, when performing supervision and control over import or export goods, any import or export goods suspected of infringing a recorded intellectual property right recorded with the General Administration of Customs, they are entitled to suspension of Customs clearance and shall detain the suspected infringing goods pursuant to the application of the holder of IPR and perform investigation.

3. Disposal of the Infringing Goods

The Customs may dispose of the confiscated goods in the following manners:

(1) Where the relevant goods can be directly used for public welfare undertakings or if the holder of intellectual property right intends to purchase the goods, they shall be handed over to the relevant public welfare organization for use in public welfare undertakings or transferred to the holder of intellectual property right with compensation;

(2) Where the relevant goods cannot be directly used for public welfare undertakings or if the holder of intellectual property right does not intends to purchase the goods, the Customs may auction the goods after removing the infringing features;

(3) Where the infringing features can not be removed, they shall be destroyed by the Customs.