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Guide to using customs to protect your IPR in China

26/07/2010
Author : China IPR SME Helpdesk
A project funded by the European Union
 

Unlike Europe, China has both import and export customs, which has the authority to seize IP infringing goods. This guide helps you to work with Chinese customs to protect your IPR and prohibit infringing goods from entering and leaving the market.

The Customs Law of the Peoples Republic of China prohibits the export or import of goods from or to China that infringe IP Rights. Whereas most countries’ customs only examine imported goods, China differs in that its customs examine goods being imported and exported. China Customs have the authority to protect IP Rights by confiscating infringing goods and imposing fines on infringers. If the infringement of IP Rights exceeds a certain threshold, then the customs authorities will also arrange for criminal proceedings to be brought against the infringing party.

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