China Customs IP Recordal: A Guide for Foreign Rights Holders

Most counterfeits of foreign brands are made in China for export, so the cheapest place to stop them is the Chinese border. China Customs can detain infringing goods on its own initiative, but only for rights that have been recorded with the General Administration of Customs (GACC). Recordal is free, valid for ten years and handled online. This guide explains what it covers, how foreign rights holders apply and what happens when customs finds suspect goods.

What recordal does

Once a right is recorded, customs officers at every port check import and export shipments against it. When they find goods that appear to infringe, they notify the rights holder in writing. If the rights holder confirms within 3 working days and posts a bond, customs detains the goods and investigates. Without recordal, customs does not act on its own: the rights holder has to find the shipment itself, apply to the customs office at the port and post a bond of up to the value of the goods.

Which rights can be recorded

• Trademarks registered in China. This is the most common and the easiest for customs to apply in practice.
• Copyright and patents valid in China.
• Special marks such as the Olympic symbols.

A trademark that is still pending cannot be recorded. Foreign brands therefore need the Chinese registration first, including the Chinese-character version of the brand if one is used on goods.

How foreign rights holders apply

A rights holder outside China must apply through its office in China or through a Chinese agent appointed by power of attorney. The application is filed online in the GACC recordal system and includes:

• The application form and proof of the right, such as the trademark registration certificate.
• The rights holder's company documents and the power of attorney.
• Details of licensees: names, licensed goods and terms. Customs uses these to release genuine goods made or exported by licensees and contract manufacturers.
• A description and photographs of genuine goods and of known counterfeits, with the features that tell them apart.
• Where known, the manufacturers, exporters and ports involved in counterfeits.

GACC decides within 30 working days of receiving complete materials. The recordal takes effect from approval and applies at all ports.

Fees, term and changes

There is no official fee. Recordal lasts ten years and can be renewed within the six months before expiry, as long as the underlying right is still valid. If the trademark registration lapses, the recordal lapses with it. Changes to the right, licensees or contact details must be recorded within 30 working days, so update the recordal whenever a trademark is renewed, assigned or licensed.

When customs finds suspect goods: notice, bond and detention

The rights holder has 3 working days to confirm and request detention. The bond depends on the value of the goods:

• Goods worth less than RMB 20,000: a bond equal to their value.
• RMB 20,000 to 200,000: 50% of their value, and at least RMB 20,000.
• More than RMB 200,000: RMB 100,000.

Rights holders who expect frequent detentions can lodge a general bond of at least RMB 200,000 with GACC, which covers repeated requests within the year. Missing the response deadline means the goods are released, and repeated non-response weakens later enforcement.

Why recordal matters for foreign brands

• Exports are the main battleground. Most customs IP seizures in China are of outbound goods, made in China and shipped to the rest of the world.
• It protects your supply chain. Listing licensees and contract manufacturers stops customs from holding your own genuine exports.
• It counters squatters. A squatter who registers your brand in China can record it with customs and try to block your own goods made in China. Registering and recording first closes that door. If your mark has already been squatted, see our guide to opposition, invalidation and non-use cancellation.

Getting better results

1. Provide clear side-by-side photos of genuine and counterfeit goods, with security features marked.
2. List known infringing exporters and the ports they use.
3. Keep in touch with the IP units of the main ports and take part in customs identification training when offered.
4. Respond to every customs notice within the deadline.

For keeping the underlying registrations in force, see Keeping a China Trademark Alive.

J&C Intellectual Property Agency (JCIPO), founded in 2008, is a CNIPA-recorded trademark agency and a member of the China Trademark Association. We act as the Chinese agent for foreign rights holders in customs recordal and seizures, see our customs IP recordal service. Patent filings are handled through an affiliated patent agency.