Recent changes - and more pending changes - in China Customs' enforcement of intellectual property (IP) rights promise to benefit the holders of China IP rights through broader scope of protection, and through more restrictions on Customs' disposal of confiscated goods after removal of infringing trademarks. But, to enjoy these benefits, rights-holders will need to meet additional requirements.
These are the effects of revised procedural measures for, and pending draft amendments in, the PRC Regulations on Customs Protection of Intellectual Property Rights that have been in place since 2004. The revised implementing measures were issued on March 3, 2009 (and formally took effect from July 1, 2009). The draft amendments were issued by the State Council on December 12, 2009, for public comment and likely adoption in 2010.
In the article IP Owners Cheer Changes to China Customs' Enforcement*, Orrick lawyers summarize these changing benefits and requirements.
* This article was first published in the February 2010 edition of Asia IP.