The year 2024 marks the 30th anniversary of the Customs' IP protection work. According to the data released by the General Administration of Customs, in the past 30 years, the customs nationwide seized 620,100 batches of infringing goods and 2.677 billion pieces; The General Administration of Customs has approved a total of 180,000 customs records for IP protection, with 37,700 rights holders registered in the filing system.

August 8 this year is the 22nd Customs Rule of Law Publicity Day, taking this opportunity to publicize the Customs IP protection system, encourage enterprises to enhance the awareness and ability of Customs IP rights protection, so that more effectively protect their rights and interests.

At present, there are two types of customs IP protection procedures: protection by requesting with the Customs and protection by Customs’ discretion. The process of the two modes is as follows:

1. Protection by requesting with the Customs

In such protection procedure, the IP right holder shall first submit to the Customs an application for the detention of the suspected infringing goods and provide a guarantee, and the Customs shall, within 20 working days from the date of the detention of the suspected infringing goods assist to handle with the relevant goods if receiving a written notice from the People's Court; Alternatively, the Customs release the goods on if the above-said notice is not issued from the People's Court or the IP right holder request to release the goods.

2. Protection by customs ’discretion

According to the "2023 Chinese Customs IP Protection Status - China Customs IP Protection 30th Anniversary Special" issued by the General Administration of Customs in 2024, Protection by customs’ discretion is playing a leading role since it’s more convenient and efficient.

This protection procedure requires the right holder to record his IP rights with the Customs first. When the Customs find some goods that are suspected to infringe on the IP rights which already recorded in the General Administration of Customs, the Customs will issue a confirmation notice to the right holder. The right holder from the date of receipt of the written notice from Customs within 3 working days, can request for the detention of the suspected infringing goods with a guarantee, then the Customs conducts an investigation into the detained suspected infringing goods. If failing to determine whether the goods infringe the relevant IP rights, it shall notify the IP right holder and the consignee or consignor in writing within 30 working days from the date of the detention of the suspected infringing goods. The Customs shall, within 50 working days from the date of detaining the infringing goods, provide assistance if it receives a written notice from the People's Court to assist in detaining the relevant goods; The Customs shall release the goods if it has not received a notice of assistance in detention from the people's court or a request from the IP right holder to release the goods. Import and export goods found by the Customs to have infringed IP rights shall be confiscated by the Customs according to law.