[Jian Xu] Intellectual property recordal at Customs in China

In order to effectively "leverage" Chinese customs to seize the infringing goods declared for exportation or importation and penalize the infringer, right holders are advised to have their intellectual property rights recorded with General Administration for Customs ("GAC") first. The documentation requirement for such recordal is as below.

(1) Certificate of Incorporation or the like of right owner (photocopy);

(2) Chinese IP right certificate (photocopy)

(3) Optional - IP License contract (if any; photocopy); or a written statement on the licensee(s), scope and term of the licensee(s) (if any) where there is no written license contract between the right owner and the licensee (Optional);

(4) Optional - Photos of the legitimate product and its packages;


(5) Optional - Proof of import or export of infringing products which may include:

(a) the name of the enterprises that manufacture, sell, export or import of products infringing the IP;

(b) the characteristics and price of the infringing products;

(c) the customs where the infringing products are imported or exported; and

(d) other preliminary infringement proofs obtained by the right owner.

(6) Optional - Photocopies of the relevant legal documents regarding the infringement disputes between the right owner and others (if any);

(7) Power of Attorney in favour of an agent to handle The petitioner's design patent recordal with GAC.

Besides the above documents, the right holder is required to provide the GAC with the completed Application Form downloaded from the online recordal system, the photocopy of the business certificate of our firm and the bank receipt concerning our payment of the recordal fee.



Once the intellectual property is recorded with GAC, Chinese customs at the relevant check point ports may seize the infringing goods either on their own initiative or upon request by the right owner. The agent in China can file a seizure application to the relevant Chinese customs and follow up with Chinese customs for their investigation and issuance of an administrative decision to penalize the infringer.