In order to maintain international trade order, to strengthen protection of intellectual property rights, to promote the healthy growth of economy, the State Council enacted the Regulations of the People's Republic of China on Protection of Intellectual Property Rights by Customs (hereinafter referred to as the Regulations) on July 5, 1995, which was effective as of October 1, 1995. The State Customs published the Implementation Methods of the Customs of the People's Republic of China on Intellectual Property Rights Protection (hereinafter referred to as the Implementation Methods) on September 28, 1995, which was also effective as of October 1, 1995.
The Customs protection of intellectual property rights follows the system of voluntary protection. Those intellectual property right holders who want their rights be protected by the Customs shall first apply to the State Customs for recordation with the Customs protection of intellectual property. The recordation is the precondition for customs protection.
Those right holders who have applied for recordation with the Customs protection of intellectual property and obtained the qualification of recordation may, when they find that the suspected infringing goods is going to enter or exit the boarder, apply to the customs at the place of entry or exit for protective measures. The Customs concerned will review the application of the right holder to determine whether protective measures are to be taken.