Customs Releases Draft Amendment to Border Measures

to Solicit Public Opinion

On June 9, 2021, the Draft Amendment to the Regulations Governing Customs Measures in Protecting the Rights and Interests of Trademark (“Draft Amendment”) was published in order to solicit public opinion.

Under current practice, when Customs suspects that any imported or exported product is a counterfeit, they should inform the trademark owner. The trademark owner should go to Customs for inspection of the suspected infringing product within 24 hours and should submit to Customs an identification report in writing within 72 hours if said product is a counterfeit.  

The short responding time frame is not convenient for a trademark owner, especially a foreign trademark owner, to go to Customs and to submit relevant documents.

In order to reduce the burden on trademark owners, the Draft Amendment allows a trademark owner to carry out an inspection through an online platform approved by Customs and to submit relevant documents online.

It will be much more cost-effective for trademark owners to enforce their right at Customs if the Draft Amendment is passed and effective. The development of the legislative procedure of the Draft Amendment deserves further attention.