1994.09.15
CUSTOMS GENERAL ADMINISTRATION
ANNOUNCEMENT OF THE GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE'S
REPUBLIC OF CHINA
(Promulgated by the Customs Central Administration on September1, 1994)
Pursuant to the pertinent law of China and in accordance with the
Decision of the State Council on the Further Strengthening of Protection
of Intellectual Property, this Administration announces hereby the
following measures on the protection of intellectual properties and the
prevention of the entry and exit of property-infringing goods:
1. No goods that infringe upon intellectual property (including the
right to exclusive use of trademarks, copyrights, and patents) shall be
allowed to be imported or exported.
2. When proprietors of intellectual property rights protected by the
Chinese law find that goods infringing on their property rights are to
be imported or exported, they can report the cases to the Customs at the
place where the goods are to be imported or exported and request the
latter to examine and deal with the said goods upon their entry or exit.
In doing so, they shall present to the Customs their intellectual
property registration certificates, sample copies of their works of
which they have copyright, and other relevant data that are sufficient
to corroborate their proprietary rights; take the responsibility to
produce evidences for the infringement of their proprietary rights
during the import and export of goods; assist the Customs to investigate
the cases; and pay costs arising from the assessment of the said goods
and investigations and other related expenses.
3. When the Customs discovers that the denounced goods or other goods
suspected of the infringement of intellectual property rights are being
imported or exported, it has the power to ask the consigners and
consignees of the said goods to produce legal evidences for their use of
relevant intellectual property rights and make supplementary
declarations to the Customs of the status of the intellectual property
rights of their goods. In cases whereas no legal evidence can be
produced, the said goods shall be shut out.
4. Importers and exporters of laser audio-video compact disks, and
importers of mold plates, parts and other materials for the production
of such disks in processing business shall go through Customs procedures
on the strength of approval certificates issued by departments
authorized to exercise management of audio-video products in line with
relevant state regulations.
5. The consigners and consignees of import and export goods that have,
in violation of the pertinent provisions, failed to declare the status
of the goods truthfully with regard to their intellectual property
rights, evaded the C[1] [2] 下一页
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