Protection on Request

The Protection on Request refers to the measures taken by the Customs to detain the goods that are suspected of infringement at the request of an IPR holder when such goods are being imported or exported.

The Protection on Request has the following features:

• · Where an IPR holder applies to the Customs at the place of entry or exit for detainment of goods, such holder is not required to have had its IPR registered with the General Administration of Customs;
• · The applicant shall provide a guarantee equivalent to the value of the suspected infringing goods for the Customs;
• · The Customs detain the suspected infringing goods and notify the IPR holder and the consignee or consignor of the import or export goods of their detainment decision;
• · The consignee or consignor of the goods suspected of infringing a patent may request the Customs to release the detained goods after providing certain guarantee money;
• · The IPR holder shall request the people's court to order the cease of the infringement or apply to the court for property preservation;
• · If the people's court notifies, within 20 working days after the Customs' detainment of goods, the Customs of their assisting in implementing the ruling on the cease of infringement or property preservation, the Customs shall do so, or else it shall release the detained goods;
• · The Customs and the IPR holder shall go through the formalities for payment of warehousing and custody fees and for refund of the guarantee money.

Procedures of the Protection on Request: