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ARTICLE · 15 JULY 2022

Non-determination Decisions: A Remedy When Your Branded Goods Are Seized

When your goods are seized by China Customs despite having registration rights in jurisdictions outside of mainland China, there is a high risk that your goods will be confiscated.

ChinaIntellectual Property

China Customs has seized your items - what is a short and effective remedy?

When your goods are seized by China Customs despite having registration rights in jurisdictions outside of mainland China, there is a high risk that your goods will be confiscated. There is a good chance that your authorised suppliers/distributors will also be punished.

The seizure is most likely attributed to another party registering the same or a similar mark in mainland China.

The long-term solution is, of course to obtain your own trade mark registration in mainland China. However, this can be a challenging journey.

A non-determination decision is functional as an effective short-term solution under the circumstances, which means it is worth obtaining such a decision.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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