The basics
China Customs IP protection covers eligible trademark rights, copyright and related rights, and patent rights connected with import or export goods and protected under PRC law. Customs recordation places relevant information about the right and related goods in the Customs system for use under the applicable protection procedures.
Customs recordation is separate from registering the underlying intellectual property. It does not create a trademark, patent or copyright, determine ownership conclusively, or itself establish infringement.
Recordation does not guarantee detection, detention, seizure, an infringement finding, destruction of goods or prevention of all counterfeit trade. Any Customs action depends on the applicable procedure and circumstances.
Who it is for
Recordation may be relevant to a rights holder with an eligible IP right connected with goods entering or leaving China. The applicable preparation depends on the right type, the applicant and the available product and trade information.
A rights holder established outside China may apply through an office established in China or entrust a China-based agent under the applicable implementing rules. This does not make Hongda a mandatory agent; Hongda’s role is defined by the agreed service scope.
How Hongda assists
Hongda can help you:
Hongda can propose a service scope based on the right type, applicant status and preparation needs. Customs recordation remains tied to the underlying IP right’s continuing legal protection, so changes should be addressed as applicable.
How it works
Quick answer: recordation runs in four stages: readiness review, preparation, application and updates. Select a stage for detail.
Stage 1 of 4
Identify the eligible underlying IP right and the relevant import/export context before preparing a recordation application.
Stage 2 of 4
Preparation typically includes information identifying the rights holder and the underlying IP right, together with evidence appropriate to the right type and current Customs requirements.
Stage 3 of 4
Applications are made separately for each IP right to be recorded, subject to current system requirements.
Stage 4 of 4
Customs recordation remains tied to the underlying IP right’s continuing legal protection.
These are preparation categories, not one universal checklist.
Scope of protection
Customs IP protection includes a rights-holder application mechanism and an ex officio mechanism involving recorded rights.
During import or export supervision, Customs may identify goods suspected of infringing a recorded IP right and may notify the relevant rights holder in writing. Recordation supports the ex officio mechanism by making relevant rights and product information available in the Customs system.
Recordation is not stated as a universal prerequisite for every protection request because a rights holder may also use the case-specific application route under the applicable rules.
Recordation does not guarantee detection, detention, seizure, an infringement finding, destruction of goods or prevention of all counterfeit trade. Any Customs action depends on the applicable procedure and circumstances.
Underlying rights
See Hongda’s China trademark registration service. Customs recordation is a separate Customs procedure and does not replace trademark or other IP registration.
A rights holder established outside China may apply through an office established in China or entrust a China-based agent under the applicable implementing rules.
Why Hongda
Review the right, prepare the information and coordinate the application within an agreed scope.
Identify the eligible underlying IP right and the relevant import/export context before preparing a recordation application.
Organize rights-holder, IP-right, product and supporting information according to the applicant’s circumstances and the agreed scope.
Coordinate preparation and submission of the Customs recordation application without promising approval or enforcement results.
Support updates or cancellation of recordation information where applicable and within the agreed service scope.
Client voices
Travis Perkins
David Finch BA ACMA CMIIA CAMA
Director of Group Business Risk & Assurance, Travis Perkins PLC
With Hongda since 2008
Travis Perkins PLC (a leading builders merchant in the UK) has been using Hongda Business Services since 2008 for accounting and professional services. Throughout this time, we have found the team at Hongda to be very helpful and professional in their dealings with us. We look forward to working with the company in the future.
Sound United
Jack Peng
Vice President, Asia Pacific, Sound United
With Hongda since 2013
Sound United (a leading designer and manufacturer of consumer audio products in the US) has been using Hongda Business Services since 2013. Moving one’s operations to China is not a small task, but Hongda’s expert services helped us set up a company and deal with tax issues so we could get on with growing our business in no time at all, and that’s why we continue to use them today.
Tulip Pacific Ltd.
Erik de Waard
Director, Tulip Pacific Ltd.
With Hongda since 2012
Tulip Pacific Ltd. (Business planning and interim financial management services) has been using Hongda Business Services since 2012. Hongda has helped us set up legal entities in China/HK and takes care of our annual company audits. They are the most efficient business service provider I have worked with to-date, and their professional advice has helped me better advise my own clients and provide greater value to my overall business.
Your team
Meet the three chief consultants at Hongda, including founder Angel Ho and co-founder Bobby Lee.
Chief Consultant, CEO
Founder of Hongda in 2007. Holds Chinese Tax Agent, IPA (Australia) and IFA (UK) certificates. Provides one-stop services covering market access, company establishment, financial settlement, financial and tax consultation, and human resources management.
Chief Consultant
Co-founder of Hongda. Many years of corporate legal consultancy and involvement in managing client enterprises. Familiar with tax, personnel and project management work across Guangdong, Hong Kong and Macau. Excellent English communication skills.
Chief Consultant
24 years in enterprise management, business development, and financial and tax compliance. Has provided financial and tax advisory services for hundreds of companies. In-depth learning and practical experience in IFRS (International Financial Reporting Standards), Generally Accepted Auditing Standards and International Taxation.
FAQ
Answers to common questions about China Customs IP recordation.
Ask your questionNo. Customs recordation is separate from registration or establishment of the underlying trademark, patent, copyright or related right. The underlying right must have the applicable legal protection.
The Customs IP protection regime covers eligible trademark rights, copyright and related rights, and patent rights connected with relevant import or export goods and protected under PRC law.
It is not stated as a universal prerequisite for every Customs protection request. Recordation supports the ex officio protection mechanism, while a case-specific application route also exists under the applicable rules.
Hongda can help review readiness, identify preparation needs, organize relevant information and coordinate the application within an agreed scope. The route for a rights holder established outside China should be confirmed under the applicable agent rules.
Contact our team
Share your plans, structure and timing. We confirm the scope with you before any work starts.