Customs recordal does play a strategic role in enforcing IPR in China, acting as the efficient vehicle to fight against the infringing goods for protection alongside the country border. After the IPR is recorded at China Customs, the active protection system is initiated accordingly. In detail, when finding out the suspected infringing goods upon the recorded IPR, the Customs will immediately seize the same and notify the recorded Registrant. And the Customs has the power to decide whether the seized goods constitute infringement upon the recorded IPR without court action. The Registrant may initiate the court action for altermative protection if the Customs cannot decide whether the detained goods constitute the recorded IPR.

Customs recordal refer to the IPR, which enjoys the protection under China laws and regulations, including trademark right, patent right, and copyright and the related right therewith.

The legal basis for customs protection of intellectual property rights is the Customs Law of the People’s Republic of China and the Regulations of the People’s Republic of China on Customs Protection of Intellectual Property Rights.