IPR holder files an application

When an IPR holder finds that any suspected infringing goods are about to be imported or exported, such holder may apply to the Customs at the place of entry or exit (including the Customs of transit goods at the place of destination or departure within the territory) for detainment of the goods.

The written application submitted by the IPR holder to the Customs shall contain the following contents (where the IPR has been registered with the General Administration of Customs, its registration number shall also be provided):

• · The IPR holder's name, registered place or nationality, etc;
• · The IPR's name, content and relevant information;
• · The name of the consignee or consignor of the suspected infringing goods;
• · The names, specifications, etc. of the suspected infringing goods;
• · The possible port, time, means of transport, etc. regarding the entry or exit of the suspected infringing goods.

The IPR holder shall also submit to the Customs sufficient evidence for obvious infringement. Such evidence shall be enough to prove the following facts:

• · The goods that the holder requests the Customs to detain are to be imported or exported;
• · Any trademarks or works that infringe on the holder's exclusive right to use trademark have been used or any patents of the holder have been exercised on the goods without authorization.