The Customs Protection System And Intellectual Property Rights Practice In China

Xinzhu Liang of CCPIT Patent and Trademark Law Office summarises the main characteristics of intellectual property rights protection by Chinese customs, the procedures involved, and the pitfalls to watch out for

Customs protection of intellectual property rights in China (also known as border protection of intellectual property rights) originated from the Sino–US Memorandum of Understanding on the Protection of Intellectual Property signed in 1992. Article 5 of the memorandum states: "The two Governments shall take effective measures and remedies within their respective borders to avoid or deter infringement of intellectual property rights."

In September 1994, the General Administration of Customs of China (GACC) issued the Notice on Strengthening the Protection of Intellectual Property Rights in Customs Supervision, requiring local customs offices to take administrative measures to investigate and punish cases of infringement of intellectual property rights