Anti-counterfeiting Action in China - Customs Enforcement

China Customs is capable of conducting enforcement against counterfeit goods using a registered trademark or an unregistered well-known trademark entering or leaving China. 

According to the Regulations of Customs Protection for Intellectual Property Rights and its Implementing Methods, border measures for protecting intellectual property rights include the following actions: detention of suspected infringing goods, investigation of infringement, punishment of the exporter and importer of the infringing goods, and confiscation and disposition of the infringing goods.

There are two forms of customs enforcement, each of which involve a different procedure: (i) enforcement through application and (ii) enforcement ex officio.

Ex

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