Apply to GACC for General Bond
According to Article 24 of the Implementing Measures of the Regulations of the P. R. China on Customs Protection of Intellectual Property Rights, an IPR holder whose exclusive right to use trademark is registered with the General Administration of Customs (GACC) may, upon the GACC approval, submit a letter of guarantee issued by a bank or non-banking financial institution to the GACC as a general bond for its application for Customs protection of its exclusive right to use trademark.
From the date of the approval by the GACC of its general bond to December 31 of the same year, if the IPR holder, as per Article 16 of the Regulations of the P. R. China on Customs Protection of Intellectual Property Rights, requests the Customs to detain ex-officio the import or export goods suspected of infringing its registered exclusive right to use trademark, the holder does not need to provide any other guarantee.
Under any of the following circumstances, the General Administration of Customs may notify in writing the guarantor that it should pay an amount not exceeding the amount under the bond to the Customs within 10 working days:
- · the IPR holder fails to pay the fees for warehousing and disposal within 10 working days from the date of service of the Customs' written notification for the holder to pay the relevant fees;
- · the IPR holder fails to, as per Article 29 of the Regulations of the P. R. China on Customs Protection of Intellectual Property Rights, to assume the liability for compensation and the people's court requests, within the validity of the general bond, the Customs to assist in the implementation of related judgment.
From the date when the General Administration of Customs notifies the guarantor of the performance of the bond liability, the IPR holder shall, when applying to the Customs for detainment of suspected infringing goods, provide a guarantee to the Customs.
General Bond Application Procedure:
