China Law & Practice

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Stopping IP infringement

Two specialists detail what options are available to you when combatting infringers and the first steps you should take

Issue: April 2011

Keywords (click to search): IP infringement Dacheng Wilkinson & Grist

I’ve had a WFOE [wholly foreign-owned enterprise] manufacturing operation in southern China for over a year now. I’ve taken all the necessary precautions to protect my intellectual property (for example, registration), but I discovered recently that my patented products were being counterfeited and sold in various marketplaces across the region. These products are very similar, though of a lesser quality, and use my logo. What are my options for IP infringement enforcement? Now that I know someone is counterfeiting my goods, what should be my next step? In short:

How do I stop someone from infringing on my intellectual property rights?



The domestic perspective

To stop infringement of intellectual property (IP) rights in China, there are two options for IP owners. One is to lodge a complaint with the administration authorities and the other is to institute civil proceedings at the court.

Administrative action is relatively easy and...

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