Step 1 — Recordal with the General Administration of Customs. Recordal is the precondition for customs acting on its own initiative. It lasts 10 years and can be renewed. Once a right is recorded, customs will notify the rights holder when it identifies suspected infringing goods in the course of routine supervision.
Step 2 — Applying to detain the goods, within 3 working days of that notice and with the security customs requires. Customs then investigates and decides whether the goods infringe. If it finds infringement, it can confiscate the goods and impose a fine, and it can refer the case to the public security authorities.
Two points matter in practice. First, how complete the recordal is determines how effectively customs can identify infringing goods: provide a clear description of the features of genuine product, the features commonly found on infringing goods, and a list of authorized distributors and authorized importers and exporters, and keep all of it current. Second, a rights holder can apply to detain particular goods without having recorded the right, but security is required and there is no continuing coverage of the kind recordal provides. If customs does not make a finding of infringement within the prescribed period, the rights holder must move promptly to sue and to ask the court for a preservation order, or the goods will be released.
