New border measures to take effect from July 1 2009

The General Administration of Customs of the People’s Republic of China has enacted the new Implementing Rules for the Regulations on Customs Protection of IP Rights.

The new rules include a number of amendments which will take effect from July 1 2009. Key amendments concern:

applications for Customs recordal - for the first time, the rules require that IP rights owners file a more detailed form when making an application for the recordal of their rights with Customs.
ex officio investigations - the amended Chapter IV of the rules vests greater discretionary powers in certain customs officials with regard to the monitoring of goods. For example, where the import or export of goods requires that the relevant IP rights be recorded with Customs and the importer, exporter or manufacturer has failed to do so, the customs officials on duty may require that the sender or recipient of the goods provide a report on the status of the IP rights, as well as relevant proof of the goods.
the disposal of infringing goods.

Jin Ling, Rouse & Co International, Shanghai