Lehman, Lee & Xu is able to offer our clients the security of protecting their rights through cooperation with the customs authorities of the People's Republic of China. Owing to the large amount of products being exported from and imported into China, customs protection is becoming an integral part of any cohesive intellectual property plan.
We are able to assist our clients in obtaining a customs recordal from the General Administration of Customs, and applying to the local customs authorities for protection once infringing products are discovered.
In obtaining a customs recordal of intellectual property, we help our clients to prepare and submit the following documents:
- The applicant's legal representative's Chinese and English name, registered address, nationality and address of main office;
- A copy of the applicant's ID card and business license;
- Evidence verifying the applicant's ownership of the intellectual property right (trademark registration certificate, patent certificate, or evidence proving the ownership of copyright);
- If the intellectual property right has been licensed, a copy of the licensing agreement should be submitted;
- A sample or name of the relevant product, along with documents explaining the main characteristics, the regular price, two photographs of the product and the packaging; and
- A power of attorney signed by owner of the intellectual property.
When an infringement has been discovered, we can assist in finding the following information:
- Name, specification and other relevant information of the suspected infringing cargo;
- Name, address, legal representative and business address of the suspected infringer;
- The suspected port, time, consignee and consigner and other relevant information regarding the infringing cargo;
- If available, any evidence proving the suspected infringement (e.g., photographs);
- A letter to Customs clearly requesting that the authorities take action (preserve cargo); and
- Any other information required by customs.
After Lehman, Lee & Xu notifies the customs authorities to take action to enforce a clients intellectual property, the customs authorities will preserve the cargo, deliver a customs preservation certificate to the suspected infringer and inform in writing the intellectual property rights owner with the customs recordal of action taken.
Lehman, Lee & Xu is experienced in using the customs authorities of the People's Republic of China to protect our client's intellectual property rights. From the initial customs recordal, to the preservation of cargo and through the possible litigation thereafter, we use all of our expertise and skill to provide a comprehensive protection plan in China.
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