Why is Customs Recordation of IPR a Must for Foreign Trade?

In my 20 years of experience in foreign trade, I have seen too many companies pay a heavy price for neglecting IP protection. I remember in 2018, a garment export company had goods worth 2 million RMB detained at Rotterdam Port for 3 months due to unregistered trademarks, resulting in direct losses exceeding 500,000 RMB. In stark contrast, a home appliance brand successfully intercepted 17 batches of counterfeit products in 2022 alone through a comprehensive customs recordation system.

Customs Recordation of Intellectual Property RightsLike an "international passport" for products, it can:

• Customs to proactively identify and intercept infringing goods
• Significant reduction in rights protection costs and time
• Enhanced brand credibility in international markets
• Prevention of market disruption by competitors through infringing products

The "Clearance Guide" for Filing Applications

According to the Regulations on Customs Protection of Intellectual Property Rights, special attention should be paid to the following points in recordation applications:

1. Material preparation must be "watertight."

I once assisted a medical device company in preparing recordation materials. Because one page of patent drawings was missing, the review was rejected and delayed by two weeks. Essential materials include:

• Trademark: Copy of registration certificate + Trademark Office change/renewal proof (if applicable)
• Patent: Copy of certificate + Patent register copy (required if authorized for over 1 year)
• Copyright: Registration certificate + Authenticated product photos
• All foreign language documents must include Chinese translations

2. There are "tricks" to filling out the application form.

The application is like a "health check report" for the product, requiring a complete presentation:

• Detailed rights holder information (including international contact details)
• IPR legal status and licensing situation
• Authentic product characteristics description (high-definition product images recommended)
• Known infringement information (if applicable)

The "long-term maintenance" strategy after filing/registration

Many companies think the job is done after recordation, but this is actually the beginning of protection. I advise clients to establishA Three-Regular System:

Regularly check

Verify the filing information quarterly, with special attention to:

• Trademark renewal dates (initiate renewal procedures 6 months in advance)
• Patent annuity payment status
• Whether product appearance/packaging has been updated

Regular training

Conduct annual training for the foreign trade team, covering:

• How to identify suspicious orders
• Emergency procedures when encountering infringement
• Intellectual property regulations in major export countries

Regular Communication

Establish smooth communication channels with customs:

• Maintain contact information for customs IP departments in various regions
• Proactively report major product updates
• Regularly obtain infringement warning information

Common "pitfalls" in real-world scenarios and how to address them

Summarize several typical issues based on handled cases:

Case 1: The "Shell Company" Trap in Cross-Border E-Commerce

A toy company found sellers on Amazon infringing its patent, but the shipping location showed bonded warehouses. Through the filing system, we assisted customs in identifying these goods. The key was to:

• Specify e-commerce platform sales information in the filing
• Provide authentic product links as comparison samples
• Specifically mark common cross-border e-commerce ports of entry/exit

Case 2: The "Identity" Dilemma of OEM Enterprises

An OEM for international brands had its own branded products mistakenly detained due to unclear filing of licensing relationships. The solution:

• Clearly mark licensor and licensee in the filing
• Upload complete authorization documents
• File separately for OEM products and own-brand products

Remember, customs protection of intellectual property is not a one-time project but a strategic endeavor that requires continuous investment. As we often tell our clients, "The 10,000 yuan spent on filing might prevent a loss of 1 million yuan." Now log in to the General Administration of Customs."Internet + Customs" Platformand put legal armor on your products!