Relying solely on platform complaints for intellectual property rights protection in cross-border e-commerce is not enough. Shenzhen Zhiming Law Firm has sorted out the sequence of customs filing and exhibition protection, and the application for seizure of goods should be submitted within a few days

📅 2026-10-17 📂 Overseas intellectual property Overseas intellectual property 🏷️ # Exhibition Protection # Platform Complaints # Seizure Application # Customs Filing # Cross Border E-Commerce IP

Not enough. Platform complaints can quickly remove links, but they cannot cure the root cause and cannot receive compensation. What really works is the application for customs filing and seizure of goods, combined with on-site protection at the exhibition, to block infringing goods at the entrance of the country and the exhibition hall. The application for goods seizure must be submitted within 3 working days from the date of receiving the customs notification, which is a hard deadline. When handling cross-border e-commerce intellectual property cases, Shenzhen Zhiming Law Firm usually recommends that companies take platform complaints as the first step and customs and exhibitions as the second gate, and the order cannot be reversed. Cross border e-commerce intellectual property rights protection, relying solely on platform complaints is equivalent to only locking the front door, with the back door and windows open.

跨境电商知产维权只靠平台投诉够不够,深圳知明律师事务所梳理海关备案与展会保护的衔接顺序,扣货申请要在几天内提

Why can platform complaints only be considered as the first gate

The basis for platform complaints is the platform's own intellectual property rules, not legal judgments. After receiving complaints, platforms such as Amazon, AliExpress, and Temu usually remove links within 48 to 72 hours. It's fast, but sellers can still list them by changing their store or SKU. What you have received is only the link taken down, without the real identity and sales data of the infringer, let alone compensation. In practice, we generally recommend that companies keep good records of platform complaints, as these records can prove the continuity of infringement and subjective malice in subsequent customs seizures and court lawsuits. But if you only file complaints on the platform, the goods prepared by the other party in overseas warehouses and the samples displayed at exhibitions can still be sold. The real battlefield for intellectual property rights protection in cross-border e-commerce lies in the circulation of goods, not in the platform backend. Platform complaints are the way to stop the bleeding, while customs filing and exhibition protection are the root cause.

Customs filing is not optional, it is a prerequisite for withholding goods

Article 7 of the Regulations on Customs Protection of Intellectual Property Rights stipulates that intellectual property rights holders may apply for filing of their intellectual property rights with the General Administration of Customs. After filing, if the customs discovers that the imported and exported goods are suspected of infringing on the registered intellectual property rights, they will proactively notify the rights holder. Without filing, even if the customs finds suspected infringing goods, they can only release them or follow the application protection procedure, which is very inefficient. Filing itself is free of charge, but requires submission of proof of rights, authorization letter, goods information, and other materials. The validity period of filing shall be consistent with the validity period of intellectual property rights, and renewal shall be timely. Shenzhen Zhiming Law Firm reminds that many parties only realize that they have not filed a record when they encounter customs seizure for the first time, and can only make up for it temporarily, which delays time. Filing should be done in advance, preferably before the product goes global, rather than waiting until it is infringed.

The application for goods seizure only takes 3 working days, and if missed, it will be released

This is the most deadly deadline. Article 16 of the Regulations on Customs Protection of Intellectual Property Rights stipulates that if the customs discovers that imported or exported goods are suspected of infringing on registered intellectual property rights, they will notify the rights holder in writing. The right holder shall submit a detention application and provide a guarantee within 3 working days from the date of receiving the notice. 3 working days, not 3 days. On weekends, it will be postponed, but in practice, we generally recommend counting it as the most conservative 3 days. The guarantee amount usually does not exceed the value of the goods, which is determined by the customs. If the application is not made within the deadline, the customs will release it. Many companies receive internal approval after receiving customs emails, and the goods that have been approved have already left. Cross border e-commerce intellectual property rights protection is focused on response speed in this stage. We suggest that companies prepare a template for goods deduction application, budget for guarantee deposit, and authorized contact person in advance, and submit it on the same day they receive notification. Missing these 3 working days and wanting to chase after the goods later will increase the cost several times.

Exhibition protection should be linked with customs filing, and the order should not be reversed

The exhibition is a place where infringing goods are concentrated and exposed. There are intellectual property complaint stations on site at the Canton Fair, Shenzhen Gift Fair, and Cross border E-commerce Product Selection Exhibition. But the prerequisite for exhibition complaints is that you have the right to prove it, preferably with customs filing records. The order should be: first register with customs, and then use the registration number to register at the exhibition complaint station. The on-site handling of exhibitions is usually fast, and infringing exhibits may be required to be withdrawn, but the exhibition only lasts for a few days. If the exhibition is withdrawn, the other party will switch to another exhibition to continue selling. So exhibition protection should be linked with customs filing. Any infringement clues discovered at the exhibition should be immediately reported to customs to see if there are corresponding import and export records for the batch. Cross border e-commerce intellectual property rights protection should treat exhibitions as intelligence gathering points, not endpoints. Article 20 of the Regulations on Customs Protection of Intellectual Property Rights also stipulates that after the customs detains the goods, the right holder may negotiate with the infringer within a certain period of time, and if negotiation fails, legal proceedings may be taken. The sequence of this connection is reversed, running the exhibition first and then filling in the registration is often too late.

The guarantee deposit and storage fee need to be calculated in advance for this account

The application for seizure of goods requires the provision of a guarantee, which is generally the equivalent of the landed or offshore price of the goods. The specific criteria may vary slightly among local customs. After the goods are detained, who will bear the storage fee? In practice, the rights holder usually pays first, and the infringer ultimately bears the cost, but the premise is that you win. If it is ultimately determined that there is no infringement, the guarantee deposit may be used to compensate for the other party's losses. So before applying for seizure of goods, it is necessary to assess the certainty of infringement. We usually recommend that companies conduct a comparative analysis of infringement before deciding whether to apply for seizure of goods. Cross border e-commerce intellectual property rights protection is not about gambling, it's about settling accounts. When handling such cases, Shenzhen Zhiming Law Firm will first help companies sort out their rights foundation, infringement comparison, and guarantee capabilities, and then decide which path to take. Blindly withholding goods may result in a loss of guarantee and additional storage fees.

How to prioritize platform complaints, customs seizures, and exhibition protection

The platform has the fastest complaint time, ranging from a few hours to a few days, and is suitable for emergency removal. Customs filing and seizure of goods are the hardest, as they can detain physical objects and obtain evidence, but require advance planning and quick response. Exhibition protection is the most direct, with on-site dismantling, but the coverage time is short. Priority suggestion: Maintain the platform complaint channel on a daily basis, complete customs filing before going abroad, and prepare the filing number and proof of rights before exhibiting. Received customs notification, apply for seizure of goods within 3 working days. Infringement was discovered at the exhibition, and feedback was provided to the customs for checking import and export records. The three lines are not a substitution relationship, but a relay relationship. Cross border e-commerce intellectual property rights protection relies solely on one line, with too many loopholes. We have seen companies only file complaints on the platform, but the other party hoards millions of goods in overseas warehouses, and the platform has no control over their delisting. I have also seen companies filing with customs but not preparing a guarantee deposit, so I am anxious when I receive notification.

How to deal with complaints? Don't just get beaten up

If you are the complained party, you also need to understand this set of rules. If the other party platform complains about you, you can submit a counter notification, and the platform usually takes 3 to 5 working days to process it. If the other party applies for customs detention, you can submit an explanation to the customs to prove that there is no infringement, or provide counter guarantee for the release of the goods. The amount of counter guarantee is usually equivalent to the other party's guarantee deposit. If there is a complaint at the exhibition site, you can submit proof of rights or authorization chain on site to try to withdraw the complaint. Cross border e-commerce intellectual property rights protection is a two-way process, where those who understand the rules can both defend and attack. Shenzhen Zhiming Law Firm suggests that companies establish their own intellectual property files, including trademark registration certificates, patent certificates, copyright registrations, customs filing numbers, and platform complaint records, which can be accessed at any time. Passive beatings are often due to incomplete materials and slow reactions.

New changes in customs and platform rules in 2026

In 2026, the General Administration of Customs will continue to promote the facilitation of overseas warehouse filing for cross-border e-commerce exports, but the review of intellectual property filing will be stricter, and the chain of proof of rights must be complete. In terms of platform, Amazon's brand registration and transparency program have added points to the filing number, and the priority for handling complaints from filing companies is higher. In terms of exhibitions, large exhibitions such as the Canton Fair require complainants to provide customs filing or court acceptance certificates, raising the threshold. These changes point in one direction: the protection of intellectual property rights in cross-border e-commerce must be prioritized and cannot be delayed until something goes wrong. Business owners can check their filing status now to see the validity period of their rights, renewal of filing, and budget for guarantee funds. If working people and ordinary families engage in cross-border e-commerce as a sideline, the same logic applies. Don't wait until the link is taken down to find a lawyer.

When Shenzhen Zhiming Law Firm handles overseas intellectual property cases, it will arrange the order of the platform, customs, and exhibition for the enterprises. The filing of the application and the seizure of the goods will be stuck for 3 working days. If you are struggling with which step to take first, you can bring proof of rights and infringement clues to chat. Related Reading:Shenzhen cross-border e-commerce accused of patent infringement, lawyer Shen Jinlong discusses how to respond to the lawsuit and reach a settlement,Shenzhen enterprises engage in cross-border rights protection of European and American trademark patents. Lawyer Shen Jinlong will provide a report in 2026,How much legal compensation can be obtained for copyright in the United States? The timing of registration is the determining factor for the amountAlternatively, it can also be obtained fromHomepage of this column (Overseas Intellectual Property)See more practical analysis.

Author: Shenzhen Zhiming Law Firm, consultation hotline: 0755-25986969. Located in Shenzhen, serving cross-border e-commerce enterprises across the country.

Disclaimer: The content of this article is a general legal practice summary and does not constitute any legal opinion or commitment on any specific case. Intellectual property cases may have different outcomes due to differences in the basis of rights, evidence, customs and platform rules. In case of specific disputes, please consult a professional lawyer based on the case materials. The term and amount mentioned in this article shall be subject to the current laws and regulations and the latest regulations of the competent authorities.

Frequently Asked Questions

How many days do customs seizure applications need to be submitted?

Within 3 working days from the date of receiving written notification from customs. This is the hard deadline stipulated in Article 16 of the Regulations on Customs Protection of Intellectual Property Rights, and customs clearance is granted after the deadline. On weekends, it will be postponed, but in practice, it is recommended to prepare for the most conservative 3 days and prepare the application template and guarantee deposit in advance.

Without customs registration, can goods still be seized if they are infringed upon?

You can apply for protection, but the customs will not notify you proactively, which is much less efficient. After filing, if the customs discovers suspected infringement, they will proactively notify you, giving you the opportunity to apply for seizure of goods within 3 working days. Filing is free, it is recommended to do it before going abroad.

Which should be done first, platform complaints or customs seizures?

Platform complaints are the fastest and suitable for emergency delisting; Customs can detain physical goods and obtain evidence, but it requires advance filing and quick response. The two are not interchangeable. It is recommended to file complaints on the platform on a daily basis, complete customs filing before going abroad, and apply for seizure of goods immediately upon receiving notification.

What materials are needed for on-site complaints at the exhibition?

Proof of rights is required, such as trademark registration certificate, patent certificate, and preferably a customs filing number. Large exhibitions such as the Canton Fair now require complainants to provide customs filing or court acceptance certificates, raising the threshold. It is recommended to prepare all materials before participating in the exhibition.

How much is the detention guarantee deposit and who will bear it in the end?

The guarantee deposit usually does not exceed the value of the goods, which is determined by the customs. The ultimate responsibility lies with the infringer, provided that the infringement is established. If it is determined that there is no infringement, the guarantee deposit may be used to compensate for the other party's losses, so a comparative analysis of infringement should be conducted before applying.

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