China custom recordal refers to record your intellectual property with General Administration of Customs in China (GACC). Any holders of intellectual property rights may make an application for customs recordal. If infringement involved in goods is found by the rights holders or the Customs, such goods may be detained by the Customs in advance and verification is to be made with the rights holders for further legal protection, so as to effectively combat the Intellectual Property Rights infringement and to protect the legitimate interests of the rights holders.
Conditions on Applicants
(1) Only IPR holders can apply for recordal of IPR with GACC, which refers to the trade mark registrant, patentee, copyright holders and copyright-related right holders.
(2) Licensed IPR users shall not apply for IP recordal in their own names, but they may apply through the commission of the IPR holders as their agent.
(3) Right holders outside Mainland China must entrust a natural person, legal entity or organization (e.g. an office set up inside China of the overseas right holder) within the territory of China to apply for the recordal with GACC.
What can be recorded?
Trade marks (excluding service trade marks) registered directly with the China Trade Mark Office (CTMO), internationally registered trade marks (excluding service trade marks) filed with the World Intellectual Property Organization (WIPO) and extended to China Patents (including invention, utility model and design patents) granted by the State Intellectual Property Office (SIPO)
Copyrights including their related rights held by the citizens or organizations of member countries of the Berne Convention for the Protection of Literary and Artistic Works.
Basic Materials Required
Generally three categories of material are needed: (1) identity information of the right holder or the agent; (2) certificate information of the IP right; (3)power attorney letter (if an agent is used).
Time-frame for Recordal
Within 30 days of receipt of the online application, the GACC will make a decision on whether to approve the recordal. Generally, it will take 1-2 months.
Validity of Recordal
The validity for Intellectual Property Rights is based on its protection period, (If no extension is made upon the validity expires, the reference made to the Customs may be ceased to be effective at the same time). If the GACc approves the submission, the recordal lasts 10 years or the duration of the IP (whichever is shorter) and can be renewed after 10 years if the IP is still valid.
Contact Us
If you have further enquire, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.
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