Chinese customs can detain goods that infringe recorded IP rights at the border. For brands that manufacture in China, this is one of the fastest and most cost-effective enforcement tools available.
What can be recorded
Registered trademarks, patents and copyrights can be recorded with customs. You need valid rights in China first, which is another reason to file before you launch.
Why record
- Customs can monitor shipments and act when goods match your recorded rights.
- You can provide product images and information on genuine goods and authorised manufacturers to help officers identify infringement.
- It supports action against counterfeits before they leave China, not only after they reach foreign markets.
Practical points
Recordal lasts for a limited period and must be renewed, and the underlying right has to remain valid. Customs action usually works best alongside a broader enforcement plan.
The other side of the coin
Customs recordal works against you too. If someone else holds a Chinese registration for your brand and records it, your own goods can be held at the border. If that happens, the response depends on the facts, including the filing date and your prior rights.