IP enforcement in China
China's legal system provides IP owners with a wide array of tools to protect their rights. But to make the most of it, you need to understand it. Eion Murdock and John Lee of law firm Lehman, Lee & Xu explain what tools and strategies are available
Despite China's clichéd reputation as being a haven for infringers, IP owners have an increasingly broad set of tools to enforce their rights in China. IP infringement in China is something of a self-fulfilling prophecy: IP owners believe China does not have an effective IP system to protect their rights and accordingly do not take aggressive action to stop infringers.
The reality is that China's IP system, as with most jurisdictions, requires owners to pursue infringers. China does have various mechanisms of varying efficacy that IP owners can use to protect their rights. Balancing value and effectiveness remains a complex proposition, however.
Intellectual property owners have three basic classes of remedy against infringement in China: cessation of infringement (injunction); monetary compensation (damages); and punitive measures (punishment).
An injunction and its related measures is the most important enforcement tool available to the majority of intellectual property owners....
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