The General Administration of Customs (GAC) enacted its No.183 Decree on March 3, announcing the new Implementing Rules for the Regulations on Customs Protection of Intellectual Property Rights.  The new Implementing Rules with key amendments in request for recordation, ex-officio investigation and disposal of infringing goods, will be effective from July 1, 2009.

 

For the first time, the Implementing Rules provide for the contents in the request form to the GAC for recordation of IPRs.  Customs is also vested with more discretion to monitor goods with changes in Chapter IV, ex-officio investigation.  When finding imported or exported goods involve IPRs recorded at the GAC and the importer, exporter or manufacturer fails to record their use of IPRs at the GAC, customs on duty may require the sender or recipient of goods to report the IPR status of his goods and furnish relevant proofs on a prescribed timeframe. 

 

 

 

(China IP News)

2009-03-18