CNIPA and China Customs Issue a Joint Opinion (No. 30): Systematic Cross-Border Trademark and Patent Enforcement, Higher-Value Recordal

On 14 October, China's National Intellectual Property Administration (CNIPA) and the General Administration of Customs (GACC) jointly released an Opinion on Strengthening Coordinated IP Protection (Guo Zhi Fa Bao Zi [2026] No. 30, signed on 8 October). It turns the two agencies' cross-border cooperation on trademarks and patents from case-by-case help into a standing mechanism with clear divisions of labour.
## Data flows both ways, so the border has more to work with
The core is information sharing.
CNIPA will regularly give Customs basic trademark and patent data to ease customs recordal, and will share three enforcement-critical categories: well-known trademark determinations, trademarks that have been revoked or invalidated, and major patent-infringement administrative rulings. Customs, in turn, feeds back data on trademarks and patents under customs recordal and on cases where infringing goods were confiscated; both sides also notify each other of enforcement replies and jointly build IT systems.
That means when Customs judges whether a shipment infringes, it can line the goods up against the real state of rights more quickly: which marks have lapsed and need not be stopped, which are well-known and deserve close watch, and which patents already carry a binding infringement ruling to refer to.
For the hard calls, Customs can ask for a written opinion
On confusingly similar marks, similar goods, or technically demanding patent-infringement questions, Customs may ask the same-level IP authority for a written professional opinion, and the authority must respond promptly; for complex patent technology it can also bring in technical investigation officers and other experts. The reverse holds too — when CNIPA handles import or export trademark and patent cases and needs help, Customs must assist.
Which rights holders should file recordal now
The Opinion singles out several groups to apply for customs IP recordal: holders of well-known trademark determinations, collective or certification marks registered as geographical indications, and enterprises in key industries such as photovoltaics. Customs reviews applications under the law and, once a right is recorded, strengthens protection in line with industrial policy and risk analysis. Implementation is led by CNIPA's IP Protection Department and the GACC's Comprehensive Business Department.
J&C recommends that trademark and patent owners fold customs recordal into routine IP management — especially the groups singled out above — and keep recordal records in step with each right's latest legal status (renewal, revocation, invalidation, transfer): Customs can now match records directly against CNIPA's data, and a mismatch can leave goods unprotected at the border.
Source: www.cnipa.gov.cn


