On March 17, 2010, the Premier WEN Jiabao held the state council routine conference and determined department division on important works in the Government Work Report. The conference also made decision to modify Regulations of the People's Republic of China on Customs Protection of Intellectual Property Rights. It was learned that the modified Regulations improved customs recordation alteration and withdrawing systems as well as the infringing goods disposal system, and added the provisions that the owner of intellectual property rights can withdraw the application of detaining suspected infringing goods.
The purpose of modifying customs recordation and withdrawing systems is to improve the working efficiency of customs; the purpose of modifying settlement of detained infringing goods is for better connection with the contents of the TRIPS of WTO; considering in practice, customs should approve right owners to withdraw detainment application, adding the provision that IPR owners can withdraw the application of detaining suspected infringing goods defines this right of IPR owners, which not only settle the conflict between administrative rights and civil rights when IPR owners withdraw their application but also prevent IPR owners abuse their rights.
