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37 Types of Administrative Service Fees Including Fee for Customs IP Recordation being Canceled or Suspended

The Ministry of Finance and the National Development and Reform Commission of China released a notification recently, regulating that starting from November 1, 2015, 37 types of administrative service fees would be canceled or suspended nationwide. Therein, the handling fee for request for extension of time in the fee for registration of computer software copyright of press, publication, radio and television departments will be canceled, while the fee for customs IP recordation of the customs departments will be suspended.

It is stated in the notification that after the cancellation and suspension of the aforementioned fees, the expenditure needed by relevant departments and their affiliated public institutions in fulfilling their management functions in accordance to the law shall be given overall consideration by the financial budget on the same level, so as to guarantee the normal proceeding of work. Debt-cleaning revenues of the relevant fees shall be turned in to the national treasury in full amount through channels prescribed by financial departments. Arbitrary charges shall be resolutely banned.

The notification required that all areas, relevant departments and institutions shall execute the requirement of the notification to strict rotation; for the fees notified to be canceled or suspended, they shall not delay or refuse to proceed with any reason. Financial and price departments at all levels shall strengthen the supervision and inspection of the implementation of the notification; for any department or institution that does not cancel or suspend relevant fees according to the notification, the financial and price departments shall make punishment according to the law and impose administrative liability on the person in charge.

Explanation of terms:

Handling fee for request for extension of time in the fee for registration of computer software copyright: If, due to force majeure or other proper reasons, an applicant is unable to meet the time limit stipulated by the Registration of Computer Software Copyright Procedures or designated by the Copyright Protection Center of China, the applicant may request to postpone the time limit accordingly within 30 days after the elimination of the obstacle. The handling fee for the request for extension of time is 100 yuan/piece for the first time and 200 yuan/piece for the second time.

Protective recordation of IP in customs: refers to the system where a holder of IP right, in order to seek ex officio protection of the customs for his/her intellectual property right, notifies the General Administration of Customs of China in written form about the legal status of his/her exclusive right to use trademark, patent right, copyright and copyright-related right and patent right, and the import and export situations of commodities enjoying such right and cargos infringing such right according to the Regulation of the P. R. China on the Customs Protection of IP Rights.

Fee for customs IP recordation: the General Administration of Customs of China released the No. 15 Notification of the General Administration of Customs of China in 2014 and regulated that where an IP right holder applied for protective recordation of IP in customs to the General Administration of Customs, the applicant shall pay 800 yuan as the fee for customs IP recordation for each recordation application.

Date: October 15, 2015
Source: National Intellectual Property Strategy Net

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