What is China Customs IP recordation?
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.
Who should consider recordation?
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.
What recordation can and cannot do
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. It 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.
Preparation and application
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. Identification or registration materials should reflect the rights holder's legal form and jurisdiction.
Depending on the right and the information available, preparation may also cover relevant goods, authorized users, manufacturers, importers or exporters. Where known and relevant, information about suspected infringing goods or related Customs locations may also be considered. These are preparation categories, not one universal checklist.
Applications are made separately for each IP right to be recorded, subject to current system requirements. The General Administration of Customs reviews the submitted recordation application and materials.
How Hongda assists
Hongda can help you:
- discuss the IP right and its import/export context;
- review recordation readiness and identify the relevant underlying right;
- prepare rights-holder, product and supporting information;
- coordinate the recordation application within the agreed scope; and
- coordinate updates or cancellation of recordation information where applicable.
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.
If the underlying right still needs to be secured, see Hongda's China trademark registration service. Customs recordation is a separate Customs procedure and does not replace trademark or other IP registration. For broader support, visit Hongda Business Services.