(Adopted at the 30th Executive Meeting of the State Council on November 26, 2003, promulgated by Decree No. 395 of the State Council of the People's Republic of China on December 2, 2003, and effective as of March 1, 2004)

Chapter I General Provisions

Article 1
These Regulations are formulated in accordance with the Customs Law of the People's Republic of China for the purposes of providing customs protection for intellectual property rights, promoting foreign trade and international scientific, technological and cultural exchanges and safeguarding public interests.

Article 2
Customs protection of intellectual property rights in these Regulations means the protection provided by the Customs for the exclusive rights to use a trademark, copyrights and their related rights, and patent rights (hereinafter referred to as intellectual property rights) related to import or export goods and protected under the laws and administrative regulations of the People's Republic of China.

Article 3
The State prohibits the importation and exportation of goods which infringe intellectual property rights.
The Customs provides protection for intellectual property rights in accordance with the provisions of relevant laws and these Regulations, and exercises relevant powers under the Customs Law of the People's Republic of China.

Article 4
The holder of an intellectual property right, where requesting the Customs to provide protection for his intellectual property right, shall submit an application to the Customs for taking protective measures.

Article 5
The consignees of import goods or their agents, and the consignors of export goods or their agents shall truthfully declare the status of intellectual property rights related to their import or export goods and present relevant evidentiary documents to the Customs in accordance with the provisions of the State.

Article 6
When providing protection for intellectual property rights, the Customs shall keep the confidentiality of commercial secrets of the interested parties.

Chapter II Recordation of Intellectual Property Rights

Article 7
The holder of an intellectual property right may apply for recordation with the General Administration of Customs of his intellectual property right in accordance with the provisions of these Regulations; when applying for the recordation, he shall present a written application. The application shall include the following particulars:

(1) The name, place of registration or nationality, etc. of the holder of the intellectual property right;

(2) The name, contents and any other relevant information relating to the intellectual property right;

(3) The status quo relating to licensing of the intellectual property right;

(4) The name, origin, Customs at the port of entry or exit, importer or exporter, main features and prices, etc. of the goods on which the holder of the intellectual property right lawfully exercises his right;

(5) The manufacturers, importers or exporters, Customs at the port of entry or exit, main features and prices, etc. of the goods that infringe the intellectual property right, as far as it is known.

Where there are evidentiary documents in the contents of the application referred to in the preceding paragraph, the holder of the intellectual property right shall attach evidentiary documents.