Welcome to the E-Learning Module on Enforcement of Intellectual Property Right in China

Choose your intellectual property type and then choose an enforcement action to learn about how to enforce you rights in China

Plus try our quiz to test your knowledge of IPR enforcement

Civil litigation

Civil litigation allows for a range of solutions, such as injunctions to stop infringing activities, destruction of goods and production machinery, and damages awards. Courts will also provide the opportunity to reach a mediated settlement.

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Administrative actions

Administrative actions give the opportunity to stop the sale and manufacture of infringing goods, as well as impose fines on the infringing party.

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Criminal sanctions

Criminal sanctions can be pursued in trade mark cases when losses are considerable. A criminal court case can result in substantial fines or imprisonment for infringers.

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Customs

Customs are able to proactively enforce trade marks registered with them. This will prevent infringements from leaving China and give the opportunity to pursue further enforcement actions.

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Civil litigation

Civil litigation allows for a range of solutions, such as injunctions to stop infringing activities, destruction of goods and production machinery, and damages awards. Courts will also provide the opportunity to reach a mediated settlement.

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Administrative actions

Administrative actions are possible for patent infringements; however, administrative bodies are less confident analysing such cases, compared to trade mark or simple copyright cases.

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Criminal sanctions

Criminal sanctions are only used in relation to patents where the counterfeiting of the patent certificates themselves has taken place. Such actions are rare.

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Customs

Customs will generally not proactively enforce patents that are registered with them. It is usually necessary to inform customs officers of the precise details of each shipment to be seized (including the container number). In practice obtaining this information entails extensive use of private investigators.

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Civil litigation

Civil litigation is the most common enforcement action for trade secrets. It allows for a range of solutions including injunctions, destruction of goods and production machinery, and damages awards.

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Administrative actions

Administrative actions allow the rights holder to prevent the sale of goods manufactured using the trade secrets, and impose financial penalties.

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Criminal sanctions

Criminal sanctions can be pursued when losses are considerable. A criminal court case can result in substantial fines or imprisonment for infringers.

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Customs

Trade secrets cannot be enforced through Customs in China.

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