If you choose not to take immediate enforcement action against an infringer at an exhibition, the exhibition provides a good opportunity to collect and formalise evidence by taking pictures of any potentially infringing products. Photography is often permitted at Chinese exhibitions, but exhibitors, especially if they are promoting counterfeit products may object to cameras. You can also collect the target’s business cards and brochures, and record the name and number of the target’s stall. If the infringement is particularly large or complex, you may want to consider hiring an investigator to collect evidence on your behalf. You may also want to have a notary present to record evidence collection, as notarised evidence can allow you to claim jurisdiction in the city where the exhibition took place and make it difficult for the infringer to later argue in court that they were not present, they did not produce the product, or even that the evidence was fabricated.

After the exhibition, you or your local agent can decide what actions to take, for example sending the infringer an initial warning letter. The exact nature of the claims in the warning letter will depend on the strength of the evidence collected, and of course on the strength of your rights. The evidence gathered at the exhibition can be used to initiate follow-up investigations into the infringer, which could lead to administrative or judicial enforcement proceedings.