China Customs IP Protection: Recordal, Shipment Clues and Detention

By Pan Jianxing · Published 20 September 2026

China Customs can protect intellectual property at both import and export, but recording a right and stopping a particular shipment are different tasks. Recordal gives Customs information to recognise suspected goods. Detention requires the applicable procedure, evidence, security and timely follow-up. A brand should organise these elements before its logistics team reports an imminent departure.

The Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights, State Council Decree No. 395, as amended in 2018, cover China-protected trademark rights, copyright and related rights, and patent rights connected with goods. This guide focuses on trademarks and copyright. Recordal does not create the underlying right or resolve a disputed chain of ownership.

Make the recordal usable at the border

Prepare the right, owner and authorisation documents, clear images and product identification material. List authorised manufacturers, importers, exporters and licensees accurately. Explain distinguishing features that an officer can observe on the goods or packaging; confidential production detail should be supplied only when relevant and identified appropriately.

The General Administration of Customs' official recordal service guide identifies the online application route and supporting materials. Recordal generally lasts ten years, but cannot preserve a right that has ceased to be protected; changes also require maintenance. Under Article 2 of the Implementing Measures, GACC Decree No. 183, amended by Decree No. 240 in 2018, an overseas rights holder applies through its mainland office or a mainland agent.

Internally, appoint someone who can identify genuine goods and someone who can approve security promptly. A recordal contact who no longer works for the company, or an outdated licence list, can undermine otherwise careful preparation. Keep a dated product guide and a clear process for checking uncertain shipments with the business.

Route one: the rights holder identifies an imminent shipment

Under Regulations Articles 12–15, the rights holder may apply to Customs at the place of entry or exit, supported by evidence sufficiently demonstrating apparent infringement. Implementing Measures Article 14 permits this route without prior recordal if the required rights and identity materials accompany the application. Article 15 requires security equivalent to the goods' value within the period set by Customs.

The application needs shipment-level information. Assemble the suspected consignor and consignee, goods and specifications, likely port, expected timing and transport details. Add available container, booking or bill-of-lading identifiers where reliable. Label unconfirmed leads as such and explain their source; a manufacturer's website saying it exports worldwide is not evidence that a particular consignment is about to leave.

The essential follow-up is judicial. Under Regulations Article 24(1), Customs releases goods detained through this route if it has not received the court's assistance notice within 20 working days from detention. Preparing a claim or informing Customs that litigation is planned does not substitute for that notice. Assess court relief and arrange documents before asking Customs to detain.

Route two: Customs discovers suspected goods involving a recorded right

Regulations Article 16 governs Customs notification after discovering suspected infringement of a recorded right. The rights holder must request detention and provide the required security within three working days after service of the notice. Under Implementing Measures Article 41, this response period starts the next day. Diary the service event and confirm the submission channel and cut-off immediately.

For this route, Implementing Measures Article 23 sets the ordinary security bands: goods below RMB 20,000 require equivalent security; goods from RMB 20,000 to RMB 200,000 require 50% of value, subject to a RMB 20,000 minimum; goods above RMB 200,000 require RMB 100,000. These bands must not be applied to route one's equivalent-value requirement. Customs determines the relevant goods value. Approved general security for recorded trademark rights is a separate arrangement; it should not be assumed available for copyright.

Regulations Article 20 requires investigation and a determination within 30 working days of detention, with written notice if Customs cannot determine infringement. Article 24(2) requires release where, within 50 working days from detention, no court assistance notice has been received and the investigation cannot establish infringement. This is not an automatic 50-day holding period for every seizure, nor 50 extra days after the 30-day investigation.

Answer the infringement question, not just the shipment question

A freight lead establishes where goods may be found; it does not establish that they infringe. Check the rights in China, current licences and the exact goods. For copyright, identify the work reproduced and the ownership documents. For trademarks, compare the protected sign and goods with what appears on the shipment. Where the concern is genuine goods outside an agreed distribution channel, examine the legal basis carefully before describing them as counterfeit.

In a hypothetical case, a brand learns of packaging bearing its commissioned illustration on an export shipment. A usable file would connect the illustration to the brand's rights, identify the suspected packaging and consignment, and explain why the exporter lacks authority. An attractive image comparison alone cannot repair a missing assignment.

Budget for detention and preserve the next step

Security is not the entire cost. Regulations Articles 25 and 28 address storage, custody and disposal expenses and liability associated with unsuccessful detention requests. Before proceeding, estimate those costs, identify who can fund security and assess the consequences of a mistaken application.

Detention is provisional. Customs may confiscate goods it determines to infringe under Article 27; a civil damages claim requires a separate basis and process. Retain notices, goods photographs, inspection information and expenses for further enforcement. To assess recordal or an urgent shipment, contact Pan Jianxing with the right, owner, authorisation documents and the most specific logistics information available.

Pan Jianxing
China-qualified lawyer · Partner, 北京市长安律师事务所
Beijing & Shenzhen
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