Intellectual Property Rights Customs Protection Regulations Amended in China

The State Council has amended and released the ¡°Regulations of the People¡¯s Republic of China on the Customs Protection of Intellectual Property Rights¡± with effect from April 1, 2010. Article 11 has been revised as ¡°In case of any change to the registration of an intellectual property right, the right holder shall go through a registration alteration or cancellation process at the General Administration of Customs.¡± Paragraph 1 under Article 23 has been revised as ¡°After applying to the Customs for protection, the right holder may, in accordance with the provisions in the Trademark Law, the Copyright Law, the Patent Law or other relevant laws, apply to the people¡¯s court for the stopping of the infringement act or taking property preservation measures with respect to the goods being detained for alleged infringement.¡± An item under Article 24 has been inserted as Item 5, which states: ¡°Where, before Customs confirms that the alleged infringement goods being detained are infringement goods, the right holder withdraws the application for detaining the alleged infringement goods¡±.

¡°Regulations of the People¡¯s Republic of China on the Customs Protection of Intellectual Property Rights is just one of the Chinese IP laws that have been amended and will take effect on April 1, 2010. The other is the amendment to the Copyright Law of China¡±, commended John Lee, Senior Attorney of Lehman, Lee & Xu. ¡°The amendment of those laws marked another big progress China has made in its efforts to establish a strong IP law system,¡± Mr. Lee added.



Submit Comment

Required

Resident Blawgers