Last week a potential corporate client visited our office to consult with our China Trademark and Patents counsel regarding IP protection in China. The client was concerned with competitors which may manufacture goods by using the client’s registered trademarks and wanted to discuss measures which can be taken to prevent the infringement of their registered intellectual property. The client was glad to learn there are options available that go beyond cease and desist letters. First and foremost there is the option to report a suspected infringer to the local Administration for Industry and Commerce for investigation. There also the option to collect evidence and filing a lawsuit against the suspected infringer.
One other option is that the client as the owner of valid intellectual property rights registered in China may ally for assistance from China Customs to protect their rights. If infringing goods are suspected of being imported into or exported from China, a rights holder may apply to China Customs for protective measures. If an inspection at customs reveals products which are likely infringing, Customs will impound the goods.
One key point is that registered IP may be recorded with Customs beforehand so that Customs will have the protected Trademarks are Patents in its database. This makes seizure much more effective if and when required.
Contact your China Lawyer today for more information about recording IP with Customs and filing and application for seizure of infringing goods.