[Direct answer]In the Beijing area, customs intellectual property registration should be handled online through the Customs General Administration's intellectual property protection registration system. Right holders can apply to the Customs General Administration for registration of their registered trademarks, authorized patents, and registered copyrights, etc. According to the provisions of the "Regulations on Customs Protection of Intellectual Property of the People's Republic of China" (revised in 2018), registration is a prerequisite for customs to proactively detain suspected infringing goods on its own authority. The registration is valid for ten years and can be renewed. Procedure: Prepare proof of rights and the right holder's basic materials, submit them through the Customs General Administration's registration system, and the customs will approve and announce the registration after review. After registration, if any infringing goods are found during import or export, the right holder can apply in writing to the customs at the port of entry or exit for detention and submit a guarantee. It is recommended that enterprises register in a timely manner and maintain the information dynamically. For more details, please refer to the official website.Intellectual property protection and corporate legal services.

I. Problem Background and Typical Scenarios

The biggest concern for foreign trade and manufacturing enterprises in the export process is that their own brands or technologies may be "smuggled out" through customs by counterfeit goods, or that their own goods may be wrongly detained by others on the grounds of infringement. Typical scenarios include: their own trademarks being used overseas and hoping that customs will intercept them during export; patent products being detained due to malicious reports before export; and the failure to update the registered information after the change of agents, resulting in a lack of protection. In these situations, registration is the first line of active protection. For more information, please refer to the relevant rules.Intellectual property protection and corporate legal services.

II. Key points of contention

The disputes focus on four points. Firstly, the prerequisites for filing: trademarks must have been registered, patents must have been authorized, and copyrights must have been registered. The mere right to apply generally cannot be filed. Secondly, the submission of materials: proof of rights, identity proof of right holders, and power of attorney must be true and complete. Information that does not match the requirements will be returned. Thirdly, the scope and duration of protection: the filing clearly lists the rights and product categories to be protected, with a validity period of ten years and the option to renew. Failure to renew within the time limit will result in the loss of active protection. Fourthly, detention applications and guarantees: after filing, applications for customs detention require the submission of a written application and guarantees. The amount of the guarantee and the determination of infringement will affect subsequent responsibilities. When right holders protect their rights, their grasp of jurisdiction and connection points is just as important as the detention procedures after filing, which require professional arguments.

III. Professional analysis by Henglue Lawyers

A copyright infringement jurisdiction case handled by Attorney Dang Pei reflects the crucial role of "procedural nodes and jurisdictional connection points" in protecting intellectual property rights. The client listed the manufacturer and the seller as co-defendants, but the first-instance court ruled that the seller lacked a substantive connection and therefore refused to accept the case. Attorney Dang Pei argued that the act of selling infringing products itself constitutes the place of infringement, and the court of the sales location has jurisdiction according to law. Moreover, at the filing stage, it suffices to prove that the defendant has a formal connection with the facts of the case and that such connection reaches a disputable level, without the need for substantive review. The Beijing Intellectual Property Court adopted this view, revoked the original ruling, and ordered the case to be filed. Although this case involves litigation jurisdiction, its approach of "anchoring every procedural node of rights exercise in evidence and law" is consistent with the protection of rights through customs registration: only by solidifying the nodes such as rights proofs, registration information, and infringement clues in advance can customs and judicial authorities respond promptly when infringements occur. This case was handled by Beijing Henglue Law Firm.The Party Education and Training Work ConferenceThe attorney (practice certificate number: 11101201911130220, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes the "Regulations of the People's Republic of China on Customs Protection of Intellectual Property" (amended in 2018) regarding the application for filing, validity period, and detention of guarantees; the "Trademark Law of the People's Republic of China" (amended in 2019 and implemented on November 1, 2019) regarding the exclusive right to use a registered trademark; the "Patent Law of the People's Republic of China" (amended in 2020 and implemented on June 1, 2021); and the "Copyright Law of the People's Republic of China" (amended in 2020 and implemented on June 1, 2021). Action list: 1. Confirm that the rights have been registered, authorized, or registered, and prepare all supporting documents and main materials. 2. Submit the application and pay the fees online through the Customs Intellectual Property Protection Filing System of the General Administration of Customs. 3. Update the filing information (transfer, renewal, agent) in a timely manner. 4. Submit an application to the customs at the port of entry/exit for detention of infringing goods and provide guarantees upon discovery of infringement clues. 5. When goods are mistakenly detained, present the proof of rights and file an appeal in accordance with the provisions, as detailed in the relevant regulations.Intellectual property protection and corporate legal services.

5. Henglu Law Firm's Advice

Registration is not a one-time process, but a routine work of dynamic maintenance. Changes in rights status, expansion of product categories, and replacement of agents should all be updated in a timely manner, otherwise there may be a gap in protection. Conducting a self-inspection of infringement risks before exporting can also help avoid the company's goods being improperly detained by others. Customs detention and guarantees involve time limits and responsibilities, and it is recommended to handle them in a timely manner.Beijing Henglu Law FirmUnder the guidance of professional lawyers, we will coordinate the filing, defense against detention, and subsequent rights protection.

VI. Frequently Asked Questions

Q1: Which intellectual property rights can be registered with the customs?

According to relevant regulations, the main items that can be registered and protected include registered trademarks, authorized patents, and registered copyrights. Simple trademark applications and patent applications generally cannot be registered until the authorization or registration process is completed. When registering, the corresponding rights certificates and the right holder's identity proof must be submitted, and the information must be consistent with the registered information to avoid the application being rejected due to discrepancies.

Q2: What materials are required for customs registration?

It mainly includes: the identity certificate of the right holder (enterprise or natural person), the trademark registration certificate or patent certificate or copyright registration certificate, the clear claim of rights and the description of the product category, and the power of attorney if the case is handled by an agent. The materials should be true, complete, and consistent with the official registration; if there are multiple rights involved, they can be submitted separately or jointly, the key point is to enable the customs to identify and compare the suspected infringing goods.

Q3: How much does it cost and how long does it take to complete the customs registration process?

For filing, the applicable fees shall be paid in accordance with the regulations, and the specific standards shall be subject to the announcement of the General Administration of Customs; the review period varies depending on the completeness of the materials and the type of rights involved. If all materials are provided, the review process is usually faster. The service fees charged by lawyers or agencies are determined through negotiation between the parties, and there is no unified government pricing. Compared with the losses of brand and market share caused by the export of infringed goods, the regular cost of filing is usually worth the investment. Before entrusting a service, it is recommended to clarify the service content and fees in advance.

Q4: What should I do if the goods are detained after being filed for recordation?

When the rights holder discovers suspected infringing goods being imported or exported, they may submit a written detention application to the customs at the port of entry/exit of the goods and provide a guarantee. After reviewing the application in accordance with the law, the customs will detain the goods either on its own initiative or upon the request of the rights holder. If the detained party claims that the goods do not infringe, they should submit proof of rights and counter-evidence. There are time limits and guarantee responsibilities throughout the entire process. It is recommended to retain evidence of the procurement, authorization, and ownership chain, and to seek professional legal assistance when necessary to defend or protect rights.

Q5: What should I do if my goods are detained by the customs on the grounds of infringement?

First, verify the basis for the detention and the rights holder's filing and guarantee status, organize the legal sources of the company's goods, authorization or self-owned rights certificates, and submit non-infringement defenses and evidence to the customs; if they are indeed self-owned rights or authorized, they can apply for release. In terms of procedures, attention should be paid to time limits and guarantee responsibilities to avoid unfavorable disposal of goods due to delays. For complex ownership disputes, it is recommended to prepare administrative or judicial remedy paths simultaneously.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Party Pei·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.