[Direct answer]In the Beijing area, it is possible, and it is the most cost-effective interception tool in the import and export process. After registering for intellectual property customs protection with the General Administration of Customs, if the customs finds suspected infringing goods during port inspections, it can suspend the release of the goods on its own authority and notify the rights holder. Rights holders who have not registered can also apply for detention, but they must provide their own guarantees and rely on their own clues. The cost of registration is minimal (one registration covers all ports in China and is valid for ten years, which can be renewed), but in return, it provides "obligatory sentinels" throughout the ports. For foreign trade and brand enterprises, registration is a standard action for protecting rights overseas, not an optional one.

I. Problem background and typical scenarios

Brand counterfeits are rampant in overseas markets. Investigations revealed that entire containers of goods are exported from domestic ports. Cross-border sellers find that their registered trademarks have been preemptively registered by competitors, and then reverse-lock their supply chains—the two-way onslaught of export infringement and import piracy has made customs protection the frontline of intellectual property protection.

II. Key points of contention

First, the two protection models of filing and detention. Second, the process of guarantee and disposition of goods. Third, the maintenance of filing information. Fourth, the linkage with offline rights protection.

III. Professional analysis by Henglue Law Firm

The first layer is the distinction between the two protection models: ex officio protection (active protection) based on filing—the customs authorities inspect the goods of the right holders on file, and if they find imported or exported goods suspected of infringement, they have the right to suspend the release of the goods and notify the right holders. After the right holders apply for detention and provide guarantees, the investigation and disposal process begins. In contrast, application-based protection does not require filing. After the right holders discover clues of infringement, they request the customs authorities to detain the goods, but they must submit an application, provide clear guarantees, and provide evidence themselves. The difference between the two models is that "the customs authorities help you monitor" versus "you monitor yourself". The correct approach for foreign trade enterprises is to file for registration first and then set up controls. The second layer concerns the procedures and guarantees: the filing materials include proof of rights (trademark registration certificates, patent certificates, copyright registrations), enterprise qualifications, and contact information. After filing for trademarks and patents, they are valid throughout the country's ports during the filing period. The guarantee for detaining goods is provided based on the value of the goods. If the infringement is confirmed, the guarantee is refunded, and the costs are borne by the infringer. If the infringement is established, the customs authorities may confiscate the infringing goods and impose fines. The disposal of confiscated goods (destruction, donation) prevents them from re-entering the market—this forms a closed loop from interception to disposal, turning "seizing one container" into "cutting off an entire supply chain". The third layer concerns the dynamic maintenance of filing information: rights changes such as trademark renewal, patent annual fee payment, and license transfer must be updated in a timely manner. The right holders themselves bear responsibility for "missed interceptions" due to expired information. A single enterprise can file multiple rights (trademarks, patents, copyrights) separately to form a combined defense line. In the cross-border e-commerce scenario, the filing information also supports data linkage verification between e-commerce platforms and customs, and the depth of the defense line expands with the expansion of rights combinations. The fourth layer concerns the linkage with offline rights protection: the value of port interceptions goes beyond seizing one container of goods. The customs authorities' investigation of infringers and the flow of goods serve as an intelligence network for offline anti-infringement. Administrative enforcement records are transformed into evidence for civil litigation and criminal reporting (the customs authorities' administrative punishment decisions certify the infringement facts and scale). A mature brand protection combination is "customs filing to intercept exports + offline notarized purchases to fix evidence + layered advancement of civil claims and criminal crackdowns", with all three interfaces sharing a single rights foundation, reducing rights protection costs and amplifying deterrence effects.

IV. Practical suggestions and legal basis

The first step is to sort out the list of core trademarks, patents, and copyrights and register them with the General Administration of Customs; the second step is to establish a mechanism for maintaining rights dynamically (with synchronous updates of renewal, licensing, and changes); the third step is to apply for customs detention after discovering clues and cooperate with the guarantee process; the fourth step is to convert the customs investigation records into evidence chains for civil and criminal rights protection. The main legal basis: relevant provisions of the "Regulations on Customs Protection of Intellectual Property of the People's Republic of China", Article 44 of the "Customs Law of the People's Republic of China", and protection provisions of the Trademark Law, Patent Law, and Copyright Law; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

There are three key points to customs registration: registering as a mandatory sentinel at all ports nationwide with a validity period of 10 years at minimal cost; proactively intercepting goods upon authority or voluntarily monitoring them upon request, with foreign trade enterprises preferring the former; and using port records to assist offline anti-counterfeiting efforts, with three complementary approaches forming the foundation of these rights. This case was handled by Beijing Henglue Law Firm.Liu YuanyuanThe attorney (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent. For matters involving intellectual property customs protection, you can proceed through the following channels:Intellectual property protection and corporate lawThe service provides a comprehensive solution that can be integrated with cross-border trade compliance.Financial capital and cross-border transactions involving foreign entitiesFor reference, you can check the review of the contract and authorization system in the section on "Plateform"Business and contract disputes in enterprisesFor any questions regarding difficult situations, you can seek advice from the columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can the customs seize the goods if there's no filing for them?

It can be detained upon request, but the applicant must independently discover clues, provide guarantees, and present evidence. After filing, the applicant can enjoy proactive protection from the customs authority on its own initiative.

Q2: How long is the validity period of the filing?

The validity period of the filing is ten years, and the rights can be renewed. Any changes to the rights should be promptly updated in the filing information.

Q3: Are the filing fees high?

The cost of filing for registration is extremely low, and each registration of a right covers all ports across the country. This makes it one of the most cost-effective tools for intellectual property protection.

Q4: Do I have to compensate if I miscount the goods?

If the rights holder applies for detention due to a mistake or the detainee suffers losses due to insufficient guarantees, they shall bear compensation liability in accordance with the law and conduct a thorough comparison of the infringement before applying for detention.

Q5: What is the use of the records of customs inspections?

The administrative punishment decision can prove the facts and scale of the infringement, and can be directly used in subsequent civil litigation and criminal reporting.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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. In case of disputes, please consult a practicing lawyer in time.