Over the last several years, Chinese courts have generally increased the amount of compensation awarded to IP owners in civil actions, while payment of civil damages is now easier due to the introduction of “social credit” penalties against defendants that fail to pay compensation awards. As a result, civil litigation has become an attractive and practical means of protecting IP rights and creating deterrence against future infringements.
The litigation team from the Beijing and Shanghai offices of East IP Law Firm – supported by our investigation specialists – has vast experience in handling the full range of disputes in China, including those involving:
Our team also seeks to assist clients in achieving breakthroughs by testing the boundaries of Chinese law, and thereby helping clients address long-standing infringement issues. Examples include several cases our team members have brought over the last few years against bad faith trademark pirates based on China’s Anti-Unfair Competition Law. In these cases, we have been able to secure significant compensation awards that include not only damages based on the defendant’s sales of counterfeit or infringing goods, but also compensation for the legal and investigation costs incurred by the client in pursuing registry disputes – including oppositions, invalidation actions and related appeals.
Our team also routinely assists clients in working with Chinese police and prosecutors in preparing for criminal prosecutions against counterfeiters, including by working through questions over evidence and the application of relevant laws and judicial interpretations. Our team also has extensive experience in representing clients in criminal trials by presenting “victim statements”, and in coordination with prosecutors and judges, in negotiating civil settlements with defendants in tandem with criminal sentencing.
Our litigators with East IP Law Firm work closely with our patent and brand protection specialists in investigating infringements and developing cost-effective strategies for achieving optimum outcomes through administrative enforcement as well. For more information on these capabilities see Investigations & Enforcement.
Unfair Competition
Assisting clients in pursuing novel enforcement of IP rights through unfair competition proceedings, such as recent case for online platform in which Chinese court gave protection to sports statistics and other news against competitor that had been scraping its site and redistributing the data on its own competing service.
Anti-Counterfeiting
Assisting victim brand owners in managing criminal and civil enforcement campaigns against counterfeiters.
AI – Copyright
Assisting client in protecting videos copied and stored by competitor for use in user-created works generated with the assistance of AI tools.
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Note: Beijing East IP Limited, East IP Limited and Beijing East IP Law are members of East IP International Limited, a Hong Kong company limited by guarantee. The EAST IP name and service mark are used by member firms under license from Beijing East IP Limited.