ENFORCEMENTPractically there are 2 ways to enforce IP protection in China – judicial
proceeding (court) and administrative procedure, which Administration of
Industry and Commerce (AIC) is mainly for trademark infringement and
unfair competition, Quality and Technology Supervision Bureau (TSB)
handles mainly cases relating counterfeiting, false representation of place
of origin and false name and address, and Copyright Bureau manages
those relating copyright issues.
Public Security Bureau (PSB) shall be involved in criminal action relating
trademark counterfeiting and copyright piracy, including manufacture and
distribution of counterfeits, trademark labels and works.
Supporting documents are required when initiating administrative
enforcement in China, including but not limited to Power of Attorney, rights
certificates and evidence to prove infringement, and documents formed
outside China must be in advance notarized and legalized before
Investigation could be a useful mean to collect evidence to convince
relevant authorities about the infringement. Following preliminary
procedures could be applied before initiating a formal lawsuit: evidence
preservation, property preservation and pre-injunction.