China Customs -- Your IP Friend

I previously blogged (here) on how those who are the first to register a trademark in China (even if it is your trademark outside of China) are able to stop goods at the border and prevent them from leaving China:

The fact that you are manufacturing your product in China just for export does not in any way minimize the need for you to protect your trademark. Once someone registers �your� trademark in China, they have the power to stop your goods at the border and prevent them from leaving China.  That's right, they can stop your goods from leaving because they own the trademark, not you.  We are aware of companies having to pay hundreds of thousands of dollars to get their trademark "back" and to get their goods flowing out of China again. 

Managing Intellectual Property Magazine just published an article on how to use China's Customs bureau to protect your own Intellectual Property (IP).  The article is entitled, "Customs' Win-Win Offer" and it is written by the chief of the IP division in China's Customs administration.  The article emphasizes the value of recording your IP (copyrights, trademarks, and patents) with China Customs before you have a problem and it sets forth in great detail exactly how to do this. 

For smaller companies, it does not always make sense to register in advance with Customs, but the article also talks about how companies should, at minimum, have their own records in good order so as to be able to act quickly should they be faced with a counterfeiting for export problem. 

I agree with this advice.  Foreign companies with protectable IP should maintain the following for easy access at all times:

A photocopy of their business license; 

A photocopy of their IP registration certificate;

A list of any licensees in China;

A power of attorney if you will be entrusting someone else to work with Customs on your behalf; and,

Any information about your product that could help Customs identify infringements (for example, particular characteristics of genuine and fake products, packaging details, samples or photos, and information about known infringers and traders).

Time is often of the essense in these matters and your having all of this on hand and ready to go could mean the difference between your seizing counterfeits at the Chinese border or their getting out.