(By You Yunting) We have already introduced today’s topic in our previous post how to record patents with China Customs. For more background information, please read this article first. Recently the Chinese General Administration of Customs has updated its previous recordation system for intellectual property rights enforcement and began to utilize this latest recording system from March 1, 2014. This updated recording system puts forward a new requirement that upon patent recordation, the right holder of a patent that has been recorded by Customs must present valid documents of the relevant patent rights before the given deadline, otherwise the patent recordation will be canceled.
I. When the updated recording system for intellectual property rights enforcement is enabled, Intellectual property right-holders can submit applications for recordation, extension, alternation, cancellation and other modifications (hereinafter, all refer to “recordation application”) through the internet, without sending any paper applications to the General Administration of Customs.
II. For the purpose of the accuracy of intellectual property rights protection and enforcement, the updated recordation system for intellectual property rights enforcement will enforce stricter requirements that the patentees present the written documents of annual fees paid to the Patent Office. Previous patent recordings that have been approved and that have been deemed remaining valid by the General Administration of Customs shall be handled according to the following steps:
(1) For patent recordings that have been approved before January 31, 2013, patentees must present valid certificates for the patents through the updated system before May 31, 2014.
(2) For patent recordings that have been approved between February 1, 2013 and February 17, 2014, patentees must present valid certificates for the patents through the updated system before December 31, 2014.
If patentees fail to present the valid documents in accordance with preceding points (1) or (2), the General Administration of Customs will dismiss the patent recordation. When the recordation is dismissed, the patentee may recover its patent recordation through presenting its valid certificates within the period of validity.
Finally, the Customs’ recording for trademarks and patents is of great importance to intercepting infringing goods. We have previously written twice about this topic. For more information please see the following blog posts: how to record patent with China Customs, and how to apply for the trademark record in China Customs. If you have any questions about the process of recording a patent with China Customs, please contact us.