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Corporate Service - China

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Q&A Regarding Customs Protection of Intellectual Property Rights in China (2)

Answer
Q:
How to apply for customs protection filing for intellectual property rights?
A:
An application form shall be submitted if applying for filing. The application form should include the following content:
  1. The name, place of registration, or nationality of the intellectual property rights holder;
  2. The name, content and relevant information of intellectual property rights;
  3. The status of intellectual property license exercise;
  4. The name, place of origin, places of entry and exit customs, importer and exporter, main features and price of the goods for which the intellectual property right holder lawfully exercises intellectual property rights;
  5. The manufacturers, importers and exporters, places of entry and exit customs, main characteristics and prices of goods known to infringe intellectual property rights.

Q:
Do I have to submit a separate application for each intellectual property right?
A:
The intellectual property right holder shall submit a separate application form for each intellectual property right applied for the filing. Where an intellectual property right holder applies for the filing of an international registered trademark, it shall submit a separate application form for each type of goods for which it applies.

Q:
Can overseas intellectual property rights holders entrust domestic agents for intellectual property filing?
A:
It can be entrusted. Where an intellectual property right holder entrusts a domestic agent to apply, it shall issue a power of attorney in the prescribed form.

Q:
How long is the validity period of customs protection filing for intellectual property rights?
A: The customs protection filing for intellectual property rights shall take effect from the date when the General Administration of Customs approves the filing. The customs protection filing for intellectual property rights shall take effect from the date of approval by the General Administration of Customs for filing. If the validity period of intellectual property rights is less than 10 years, the validity period of the filing shall be based on the validity period of the intellectual property rights; If it is more than 10 years, the maximum validity period is 10 years.

Q:
How to renew the customs protection filing for intellectual property rights?
A: The intellectual property rights holders may apply to the General Administration of Customs for the renewal filing within 6 months prior to the expiration of the validity period of the customs protection filing for intellectual property rights. The validity period for each renewal filing is 10 years.

Q:
Does the filing situation need to apply for a change if it has changed?
A:
Where the filing situation of intellectual property rights is changed, the intellectual property rights holder shall handle the change of filing or deregistration procedures with the General Administration of Customs within 30 working days from the date of the change.

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