CNIPA and Customs Jointly Issue Opinion on Strengthening Coordinated IP Protection

China’s National Intellectual Property Administration (CNIPA) and the General Administration of Customs of China (GACC) jointly issued the “Opinion on Strengthening Coordinated Intellectual Property Protection” (国家知识产权局 海关总署关于强化知识产权协同保护的意见) on October 14, 2026.  The specific mechanisms described indicate a structured effort to reduce inconsistency between administrative infringement determinations and customs border-enforcement decisions.

The opinion sets out seven areas of cooperation between CNIPA and Customs. First, it establishes a long-term data-sharing mechanism: CNIPA will periodically provide trademark and patent data to facilitate customs recordal filings, along with information on well-known trademark recognitions, revoked or invalidated trademarks, and administrative rulings in major patent infringement disputes; GACC will reciprocally share data on recorded trademarks/patents and on goods seized in confiscation cases. Both sides will also exchange administrative enforcement responses to align infringement determination standards. Second, the opinion calls for mutual investigative assistance, including CNIPA recommending technical investigation experts for patent cases and Customs verifying trademark registration status through CNIPA’s public certification system. Third, it directs customs to reference CNIPA infringement standards and rulings when assessing suspected infringing goods, and allows Customs to seek advisory opinions from CNIPA on complex identification issues (same/similar goods, identical/similar marks, patent infringement). Fourth, it encourages rights holders with well-known trademark records, geographical-indication collective/certification marks, or holdings in sectors such as photovoltaics to apply for Customs IP recordal, with enhanced protection based on industrial policy and risk analysis. Fifth, it provides for joint research and case discussions on difficult cases and on IP protection in new technology areas (AI, big data). Sixth, it calls for mutual training support and joint public-awareness activities. Seventh, it provides for periodic joint evaluation of protection outcomes, with recognition for effective units/individuals and follow-up for underperformance. Implementation is coordinated by CNIPA’s IP Protection Department and GACC’s General Business Department, with designated liaison mechanisms at the provincial/local level.

A translation follows. The original text is available here (Chinese only).

National Intellectual Property Administration Document No. 30 of 2026

Intellectual Property Offices of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps, Guangdong Branch of the General Administration of Customs and all directly affiliated customs offices:

In order to thoroughly implement the decisions and plans of the CPC Central Committee and the State Council on comprehensively strengthening intellectual property protection, optimize the cooperation mechanism, strengthen the collaborative protection efforts, deepen the cooperation between intellectual property management departments and customs in intellectual property protection, and jointly promote the construction of a working pattern of “strict protection, comprehensive protection, rapid protection, and equal protection” for intellectual property, the following opinions are hereby proposed.

I. General Requirements

Guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, we will thoroughly implement the spirit of General Secretary Xi Jinping’s important instructions and expositions on intellectual property work, earnestly implement the spirit of the 20th CPC National Congress and its subsequent plenary sessions, and implement the relevant requirements of the Outline for Building a Strong Intellectual Property Nation (2021-2035) and the 15th Five-Year Plan for Intellectual Property Protection and Utilization. We will leverage the advantages of intellectual property management departments and customs, form a synergy, and work together to promote the protection of the entire intellectual property chain, creating a favorable business and innovation environment, and providing strong support for building a strong intellectual property nation.

II. Key Tasks

(I) Strengthening Information Sharing. The CNIPA and the GACC will establish a long-term working mechanism for data sharing and application cooperation, ensuring data security. CNIPA will regularly provide the GACC with basic data on trademarks and patents to facilitate customs registration for intellectual property rights holders; it will also share information on the confirmation of well-known trademarks, information on trademarks revoked or declared invalid, and information on administrative rulings in major patent infringement disputes to assist customs enforcement. The GACC will regularly provide CNIPA with data on trademarks and patents registered for customs protection and information on trademark and patent cases involving confiscation, for CNIPA’s reference in its intellectual property protection work. CNIPA and GACC will mutually report their respective responses to trademark and patent administrative enforcement decisions to promote the unification of standards for judging trademark and patent infringement. They will jointly promote the development of intellectual property informatization and improve data sharing functions.

(II) Strengthening Investigation Assistance. When the intellectual property management department requests assistance from the customs in handling trademark and patent infringement cases involving import and export goods, the customs shall provide such assistance. When the customs investigates detained goods suspected of trademark or patent infringement and requests assistance from the intellectual property management department, the intellectual property management department shall provide such assistance. For patent infringement cases involving technical matters, the customs shall recommend technical investigators and other experts as needed. For cases requiring verification of registered trademark information and status, the customs may verify such information through the CNIPA Trademark Registration Certificate Publicity System.

(III) Strengthening Business Support. When investigating goods suspected of infringing trademark rights or patent rights, Customs shall fully refer to the infringement judgment standards formulated by the State Intellectual Property Office and the relevant administrative replies and administrative rulings made by the intellectual property management departments. When Customs encounters more professional and complex issues such as the identification of the same goods, similar goods, identical trademarks, similar trademarks, and patent infringement during the handling of cases, it may solicit the opinions of the intellectual property management department at the same level. The intellectual property management department shall reply in a timely manner and issue professional opinions.

(IV) Strengthen protection in key areas. Intellectual property management departments encourage owners of well-known trademarks, collective trademarks/certification marks registered as geographical indications, and rights holders of key industries such as photovoltaics to actively apply to the Customs for intellectual property registration. The General Administration of Customs will review relevant registration applications in accordance with the law. After the aforementioned trademarks and patents are registered with the General Administration of Customs, Customs will strengthen protection based on national industrial policies and risk analysis results.

(V) Strengthen Consultation and Research. Intellectual property management departments and customs, based on local conditions, should conduct timely discussions on complex trademark and patent cases, and jointly investigate major and difficult issues to promote unified enforcement standards and improve cross-departmental enforcement protection. Regular business exchanges should be conducted to jointly strengthen cutting-edge theoretical research and practical exploration of intellectual property protection in new fields and new business models, and promote the improvement of relevant policies. The latest progress in technology empowerment and innovative models should be exchanged, and the application of new technologies such as artificial intelligence and big data in intellectual property protection work should be jointly promoted.

(VI) Strengthen talent cultivation and publicity. Intellectual property management departments and customs will exchange instructors to support professional training in foreign-related intellectual property protection and strengthen the development of talent teams. Intellectual property management departments and customs at all levels should strengthen publicity on intellectual property protection and may carry out joint publicity activities in light of local conditions to jointly promote awareness of intellectual property protection.

(VII) Conduct evaluation and reward/penalty assessments. The CNIPA and the GACC will regularly evaluate the effectiveness of intellectual property protection work and summarize and promote best practices. Collectives and individuals who excel in protection work will be commended; those who fail to perform their duties will be notified and encouraged.

III. Safeguard Measures

The collaboration and coordination of intellectual property protection work is led and organized by the Intellectual Property Protection Department of the CNIPA and the Comprehensive Business Department of the GACC. The two parties establish a regular liaison mechanism, designate contact persons, and are responsible for daily communication and liaison. Intellectual property management departments below the provincial level and directly affiliated customs offices establish corresponding liaison mechanisms and designate specific personnel to be responsible according to actual work needs.

CNIPA, GACC

October 8, 2026