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Filing Procedures For Intellectual Property Rights

2009/1/2 11:38:00 41909

The seventh intellectual property rights holders may apply for archival filing to the General Administration of Customs in accordance with the provisions of these regulations. The application should include the following contents:

(1) the name or name, place of registration or nationality of the obligee of intellectual property rights;

(two) the name, content and related information of intellectual property;

(three) the status of licensing of intellectual property;

(four) the name, place of origin, import and export customs, importers and exporters, main characteristics and prices of goods that are legally exercised by intellectual property rights holders.

(five) known manufacturers, importers and exporters, import and export customs, main characteristics and prices of goods that infringe intellectual property rights.

If the contents of the application specified in the preceding paragraph contain documentary evidence, the holder of the intellectual property right shall attach the supporting documents.

Eighth the Customs General Administration shall, within 30 working days from the date of receiving all the application documents, make a decision whether to grant the record and notify the applicant in writing.

In case of any of the following situations, the Customs General Administration shall not record:

(1) the application documents are incomplete or invalid.

(two) the applicant is not the holder of intellectual property rights.

(three) intellectual property rights are no longer protected by laws and administrative regulations.

If the ninth customs discovers that the intellectual property right holder applies for the record of intellectual property rights and fails to provide relevant information or documents faithfully, the Customs General Administration may cancel the record.

The tenth customs protection records for intellectual property rights shall take effect from the date of the Customs General Administration's approval, and the validity period is 10 years.

If an intellectual property right is valid, the intellectual property right holder may apply to the General Administration of Customs for renewal of the record within 6 months before the expiration of the validity period of the Customs Protection of intellectual property rights. The validity period of each renewal is 10 years.

When the expiration of the expiration date of the Customs Protection of intellectual property rights is not applied for renewal or intellectual property rights are no longer protected by laws and administrative regulations, the archival filing of intellectual property rights customs will lapse immediately.

In case of eleventh changes in intellectual property rights filed, intellectual property rights holders shall, within 30 working days from the date of change, apply to the General Administration of Customs for the procedures of changing or canceling the record.

Editor: vivi

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