Rights, infringement and evidence

IP & Unfair Competition in China

We assess China-side trademark, patent, trade-secret and unfair-competition disputes for foreign businesses, beginning with the right asserted and usable infringement evidence.

The problem

Which right and conduct can be proved?

Connect the right-holder, territorial protection, disputed conduct and evidence. A foreign registration alone should not be treated as a determination of protection in China.

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Routes and remedies to assess

The contract, evidence, forum and applicable law determine which options are available.

  • Review rights, ownership and standing before selecting a claim.
  • Assess evidence preservation and appropriate technical comparison.
  • Compare civil and available administrative procedures.
  • Assess requested relief and practical enforcement conditions.

From assessment to the next procedural step

These are stages, not promised completion dates. Service, objections, evidence, appeals and assets affect timing.

Step 1Assessment

Review the record

Confirm the parties, facts, forum and commercial objective.

Step 2Preparation

Close evidence gaps

Prepare authority, evidence, translations and any urgent application.

Step 3Proceedings

Pursue the selected route

Address filing, service, objections and evidence under the applicable procedure.

Step 4Follow-through

Assess settlement or collection

Review the result, reachable assets and the costs of the next step.

What to prepare for an assessment

  • Registration, ownership and licensing records.
  • Product listings, samples, dates and seller identifiers.
  • Evidence of confidentiality measures for claimed trade secrets.
  • Loss information and any prior complaints or proceedings.

Costs, timing and recovery risk

Budget separately for legal work, court fees, translation, authentication, expert evidence and any preservation security or insurance. The amount disputed is not the amount recoverable. Obtain a scope-specific proposal and reassess costs if the forum, evidence or asset picture changes.

Plan the overall litigation budget · Check court fee categories

Related preparation and counsel

Meet our PRC-licensed lawyers · Read official court cases

Common questions

China-side protection and any alternative basis require separate review.

Urgency, evidence, jurisdiction and the authority's procedure determine available measures and timing.

Keep original records, dated listings and traceable samples. Agree a collection method before evidence is altered.

Think this is your situation?

Send a short summary, the amount involved and any approaching deadline. We identify the information needed for assessment and provide a scope and fee proposal before engagement.

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