The General Administration of Customs of China (GAC) has intensified intellectual property enforcement in 2026, with seizures of counterfeit electronics increasing by 40% compared to 2025. Customs is targeting high‑risk categories including consumer electronics (smartphones, headphones, chargers), luxury goods (watches, handbags, sunglasses), and auto parts (filters, brake pads, sensors). Rights holders are responding by filing more IP recordals with customs – a 35% increase in 2026 alone. For companies selling branded products in China, ensuring valid IP licenses and recording trademarks with customs is now more critical than ever to avoid shipment delays, seizures, and legal liability. This guide explains the enforcement trends, recordal process, and practical steps for brand owners.
1. Enforcement Trends – 40% Increase in Counterfeit Electronics Seizures
GAC‘s 2026 enforcement data (first half) shows significant increases in counterfeit seizures across key categories:
- Consumer electronics (smartphones, earbuds, chargers, cables): 40% increase in seizure volume compared to 2025. Counterfeit Apple, Samsung, Xiaomi, and Sony products are most common.
- Luxury goods (watches, handbags, sunglasses, belts): 35% increase. Louis Vuitton, Gucci, Rolex, and Hermès are frequently targeted.
- Auto parts (filters, brake pads, sensors, lamps): 30% increase. Counterfeit Bosch, Denso, Valeo, and Hella parts.
- Medical devices (masks, gloves, testing kits): 25% increase (post‑pandemic enforcement).
- Children‘s products (toys, clothing, car seats): 20% increase.
GAC has deployed AI‑powered image recognition and X‑ray scanners at 25 major ports to detect counterfeit goods. Inspection rates for high‑risk categories have increased to 15‑25% (up from 5‑10% in 2025).
2. Customs IP Recordal – What It Is and Why It Matters
Under China‘s Customs IP Protection Regulations, rights holders can record their intellectual property with GAC. A customs IP recordal enables customs officers to:
- Automatically detain suspected counterfeit shipments bearing the recorded trademark or copyright without requiring a separate court order.
- Share information with rights holders about detained shipments (quantity, value, consignee, shipper).
- Destroy or confiscate counterfeit goods after verification.
- Share data with other ports – one recordal covers all Chinese ports.
Recordals are valid for 10 years (renewable) and cost RMB 800 per class per trademark. As of 2026, over 35,000 IP recordals are active – a 35% increase from 2025.
Without a recordal, customs may still detain counterfeit goods if the violation is obvious, but the process is slower, and the rights holder may not be notified.
3. How to File a Customs IP Recordal – Step by Step
The recordal application is submitted online through GAC‘s IP Protection System (https://ip.customs.gov.cn). Steps:
- Register for an account. Foreign rights holders must appoint a China‑based agent (law firm or IP agency) to submit the application.
- Prepare required documents:
- Valid trademark registration certificate (CNIPA or WIPO with China extension).
- Power of attorney (notarized, legalized).
- Specimen of the trademark (image file).
- List of authorized licensees (if any).
- Product images and packaging samples (to help customs identify counterfeits).
- Submit application online. Fill in trademark number, class(es), goods description. Upload documents.
- Pay fee. RMB 800 per class per trademark. Payment via online banking or credit card.
- Receive recordal certificate. Processing time: 10‑20 working days. The recordal is automatically shared with all customs ports.
Once recorded, the rights holder should provide customs with information about authorized distributors, licensees, and typical packaging to help officers identify counterfeits.
4. Rights Holder Obligations – Monitoring and Enforcement
After filing a recordal, rights holders have ongoing obligations:
- Monitor customs notifications: When customs detains a suspected counterfeit shipment, they will notify the rights holder within 3 working days. The rights holder has 5 working days to confirm whether the goods are counterfeit and request destruction.
- Provide evidence: The rights holder must submit a written opinion, evidence of trademark ownership, and comparison images (authentic vs. suspected counterfeit).
- Post a bond (for detention): Customs may require a bond (typically RMB 10,000‑100,000) to cover storage and destruction costs if the goods are found to be counterfeit. The bond is refundable.
- Renew recordal every 10 years: Submit renewal application within 6 months before expiry.
- Update recordal when licensing changes: If you grant new licenses or terminate existing ones, update the recordal within 30 days.
Failure to respond to customs notifications within the 5‑day window may result in release of the suspected counterfeit goods.
5. Penalties for Counterfeiters – Fines and Criminal Liability
Under the revised IP Protection Regulations (effective 2026), penalties for counterfeiters have increased:
- First offense: Seizure and destruction of counterfeit goods. Fine of 30‑100% of the value of the counterfeit goods (previously 30‑50%).
- Second offense (within 2 years): Fine of 100‑200% of value + blacklisting (export/import privileges suspended for 12 months).
- Criminal referral: For large‑scale counterfeiting (value ＞ RMB 500,000), customs will refer the case to police. Individuals face up to 7 years imprisonment and fines up to RMB 5 million.
- For exporters of counterfeit goods: License revocation and permanent ban from import/export activities.
Penalties apply to both the exporter and the importer if the importer knew or should have known the goods were counterfeit.
6. Practical Recommendations for Brand Owners
To protect your brand under GAC‘s intensified IP enforcement, follow these recommendations:
- File customs IP recordals for all core trademarks (Immediate). Priority: China‑registered trademarks for your best‑selling products in electronics, auto parts, and luxury categories.
- Record copyrights (for software, packaging, creative works). Copyright recordals are also accepted and cost RMB 800 per work.
- Provide customs with training materials. Submit authentic product images, packaging samples, and common counterfeit indicators to help officers identify fakes.
- Monitor customs notifications daily. Assign a responsible person to check the IP protection system daily. Respond within the 5‑working‑day window.
- Authorize licensees to act on your behalf. Appoint your China distributor or agent as a contact person for customs notifications.
- Renew recordals before expiry. Set calendar reminders 6 months before the 10‑year expiry date.
Summary: GAC has intensified IP enforcement in 2026, with seizures of counterfeit electronics increasing by 40%. Customs is also targeting luxury goods (+35%) and auto parts (+30%) using AI detection tools and increased inspection rates (15‑25%). Rights holders are responding by filing customs IP recordals – up 35% in 2026. A recordal enables customs to detain counterfeit shipments automatically, notify rights holders, and destroy goods. Recordals cost RMB 800 per class, are valid for 10 years, and cover all ports. To file, rights holders need a China‑registered trademark, power of attorney, and product images. After recordal, rights holders must monitor notifications, respond within 5 working days, and renew every 10 years. Penalties for counterfeiters include fines up to 200% of goods‘ value, blacklisting, and criminal liability. By filing recordals, providing training materials, and monitoring enforcement, brand owners can protect their products from counterfeiting at China‘s borders.