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In accordance with Article 14 of the Regulation of the People's Republic of China on the Customs Protection of Intellectual Property (hereinafter referred to as the Regulation) and Article 22 of the Measures for the Implementation of the Regulation on the Customs Protection of Intellectual Property (hereinafter referred to as the Implementation Measures), the intellectual property right holders may provide general guaranties to the customs in accordance with the law. For the purpose of implementing the relevant provisions of the Implementation Measures and facilitating the intellectual property right holders to take measures for protecting intellectual property rights, an announcement on the relevant matters concerning the general guaranties for the customs protection of intellectual property rights is hereby made as follows: 1. If, within a certain time of period, an intellectual property right holder has filed several applications with the customs house for detaining any import and export good which is suspected of infringing on the exclusive right of its trademark which has been put on record in the General Administration of Customs (hereinafter referred to as goods suspected of infringement), it may file an application with the General Administration of Customs (hereinafter referred to as GAC) for providing a general guaranty for the customs protection of intellectual property rights (hereinafter referred to as the general guarantee). 2. If an intellectual property right holder applies for providing a general guarantee, it shall file a written application with the GAC (see the format in Annex 1) and shall accompany it with the following materials: (1) A letter of general guaranty (see the format in Annex 2) issued by a bank (hereinafter referred to in general as guarantor), which has obtained an approval to engage in financial business within the mainland of China, on bearing the several and joint liabilities for the general guaranty application of the intellectual property right holder; and (2) A checklist of the storage and disposal fees incurred during the previous year after the intellectual property right holder requested the customs house to detain the goods suspected of infringement (see the format in Annex 3). 3. The amount of general guaranty shall be equivalent to the aggregate amount of the fees incurred for the storage, preservation and disposal of the goods which are suspected of infringement and which were detained by the customs during the previous year upon application of the intellectual property right holder. If the aggregate amount of the aforesaid fees incurred in the previous year is less than 200,000 yuan, the amount of general guaranty shall be 200,000 yuan. A letter of the general guaranty shall be valid during the period from the date of issuance by the guarantor to June 30 of the next year. 4. During the period from the date on which the GAC grants the intellectual property right holder an approval of its using a general guaranty to December 31 of the current year, the intellectual property right holder is not required to provide any guaranty to the customs house if it requests the customs house to detain any good suspected of infringement. However, the relevant storage and disposal fees shall still be paid by this intellectual property right holder in accordance with Article 31 of the Implementation Measures. If any loss is caused to the consignee or consignor due to an improper application, the intellectual property right holder shall bear the civil compensation liabilities. 5. Under any of the following circumstances, the GAC may notify in writing the guarantor that it should pay within 10 working days the relevant customs house a sum of money which does not exceed the amount of guaranty: (1) If the intellectual property right holder fails to pay the storage and disposal fees as required by the customs house within 10 working days after the date of service, it shall pay the relevant fees in accordance with Article 31 of the Implementation Measures; or (2) If the intellectual property right holder fails to bear the compensation liabilities under Article 29 of the Regulation and if the people's court demands the customs house to help enforce the relevant judgment within the valid period of the letter of general guaranty. From the day when the GAC issues to the guarantor a notice of performance of guaranty liabilities, the intellectual property right holder requests the customs to detain any good suspected of infringement, it shall provide a guaranty to the custom house. 6. This Notice shall come into force as of July 1, 2006. Annexes: 1. Application for General Guaranty for the Customs Protection of Intellectual Property Rights (Format) 2. Letter of General Guaranty 3. Checklist of Storage and Disposal Fees (Format) Annex 1. APPLICATION FOR GENERAL GUARANTY FOR THE CUSTOMS PROTECTION OF INTELLECTUAL PROPERTY RIGHT (FORMAT) General Administration of Customs of the People¡¯s Republic of China, Pursuant to the Announcement No. ( ) of the General Administration of Customs of the People's Republic of China, an application is hereby filed with you for a general guaranty for the customs protection of intellectual property rights. This intellectual property right holder guarantees that the contents of the application as well as the documents attached to it are genuine and valid, and that it will vigorously performs its statutory obligations. Please grant an approval. Applicant: Agent: Guarantor: Legal representative: Address: Post code: (Seal): Application date: Annex 2. LETTER OF GENERAL GUARANTY (FORMAT) Date of issuance: Beneficiary: General Administration of Customs of the People¡¯s Republic of China No. 6 Jianguomennei Street, Beijing (Zip code: 100730) This bank, namely the bank located at No. ( ) ( ) road, ( ) city, issues, at the request of ( ) (hereinafter referred to as the intellectual property right holder), this letter of guaranty whereby you are the beneficiary so as to guarantee the intellectual property right holder to perform the obligations as described in Article 14 of the Regulation of the People's Republic of China on the Customs Protection of Intellectual Property Rights (hereinafter referred to as the Regulation). This bank promises to transfer the money you demand to the bank account as designated by you within 10 working days after the receipt of the payment demand notice if the applicant files an application with the customs house for detaining any import and export goods suspected of infringing on the exclusive right of its trademark in accordance with Article 16 of the Regulation and if the intellectual property right holder fails to pay the relevant fees as required by the customs within 10 working days after it receives a written notice about the fees as mentioned in Article 25 of the Regulation, or if it fails to perform the compensation liabilities as prescribed in Article 29 of the Regulation in compliance with the judgment of the people's court. The amount of guaranty in this letter of guaranty does not exceed RMB ( ) yuan (RMB in Arabic numerals). This letter of guaranty shall come into effect as of the date of issuance and shall be invalidated on December 31, ( year). If you fails to issue to this bank a payment demand notice within 180 days after the expiration of this letter of guaranty, this bank will no longer bear the payment liabilities as described in this letter of guaranty. Guarantor: ( )Bank Issuer of the letter of guaranty: Date: Annex 3. CHECKLIST OF STORAGE AND DISPOSAL FEES (FORMAT) Unit (RMB yuan) Order Port Customs House Detainment Date Name of Goods and Trademark Value Involved in This Case Amount of Storage Fees Preparation date: (seal) Intellectual property right holder: Explanatory Notes on filling out the Checklist of Storage and Disposal Fees 1. This Checklist is used for calculating the amount of general guaranty that the applicant should provide for the customs protection of intellectual property rights. The intellectual property right holder should carefully fill it out and ensure the genuineness and exactness of the contents it fills. 2. The "storage fees" as mentioned in the checklist refer to the storage, preservation and disposal expenses actually paid by an applicant intellectual property right holder for the goods suspected of infringing on the exclusive right of its trademark detained by the customs during the previous year upon application. If the applicant fails to file such an application with the customs house, it shall submit a blank checklist bearing the signature or seal of the applicant. 3. If the columns in this Checklist are not adequate, additional tables may be added. |
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