It was learned recently from the General Administration of Customs (GACC) that since the implementation of IP protection by the Chinese customs offices in 1994, more than 8000 cases of various kinds of import and export IP infringement goods had been seized, valued about RMB 1 billion.  After China's accession to the WTO, the scope of IP infringement cases seized by the Chinese customs offices increase by around 30 percent annually.

Gong Zheng, Deputy Director of the GACC said that with the great support rendered by other departments and the governments at different levels, substantial results had been achieved in customs IP protection work.  These include: the establishment of a sound legal system and forming of a unified and highly- effective law enforcement system, the annual increase of the cases on import and export IP infringement goods seized by the customs offices, the heavy blow dealt on the illegal acts of import and export IP infringement goods, the maintaining of the social order at the ports and the safeguarding of the sustained and healthy development of China's foreign trade economy.

Gong further said that in accordance with the stipulations of the "Customs Law", the "Regulations for the Intellectual Property Customs Protection" and other related laws and regulations, the Chinese customs offices are implementing, through the import and export links, the protection over the exclusive right of the trademarks, the copyright and its related rights and exclusive right, the Olympic marks exclusive right and the exclusive right of the World's Fair marks that are under the protection of the Chinese laws and administrative regulations.  In other words, where the import and export goods involve IP infringement mentioned-above, the customs offices have the right to check and confiscate these goods according to the law.  And where the case is confirmed, through customs investigations, as belonging to IP infringement, the customs offices have the right to impose administrative punishment on the consignor/ receiver of the import and export goods.  The forms of punishment include: confiscation of the infringement goods and imposing of a certain amount of fine.

It was learned that for the import and export infringement goods via mail delivery or being carried by an individual, if their quantity exceed that for personal use, these goods shall also be confiscated by the customs office. At present, some unlawful elements are exporting infringement goods via mail delivery, MFS and other channels in order to escape customs supervision and control.  To deal with this problem, a special action on cracking down the acts of IP infringement via mail delivery, EMS and other channels was launched by GACC in August, 2006, demanding that the inspection and examination on the export goods and articles involving intellectual property right be intensified at the customs, mail delivery and EMS supervision and control sites, that all the boxes and cases containing commodities declared as famous brands be opened for inspection and examination and that the risk analysis on the receiver or consignor of the export goods and articles via mail delivery, EMS and other channels be strengthened, with the focus laid on cracking down the illegal acts of exporting the IP infringement commodities via the above-mentioned forms.  This special action was concluded by the end of 2006.  During the period of special action, Chinese customs offices throughout the country investigated into and seized 426 IP infringement cases via mail delivery and EMS, valued at RMB 2.32 million.  As a result, cases of exporting infringement goods via mail delivery and EMS channels were being effectively restrained.