Solar Anti-Counterfeiting Mark China Check

Are counterfeiting and trademark infringement a low-risk business in China?

Brand owners often contend that counterfeiting and trademark infringement are a high-profit and low-risk business, and that trademark protection falls short in China. However, positive changes have been taking place.

What are the laws governing anti-counterfeiting in China?

Presently the laws and regulations governing anti-counterfeiting in China are as follows: The Trademark Law (2001) and the Implementing Regulations of the Trademark Law (2002); the Anti-unfair Competition Law (1993); the Copyright Law (2001) and the Implementing Regulations of the Copyright Law (2002); and the Criminal Law (2009).

Why is online counterfeiting a problem in China?

Online counterfeiting is now one of the most significant challenges facing rights holders in China. Chinese counterfeiters are internet savvy and quick to exploit technical advantages to imitate and copy popular products, and then promote and sell their counterfeit goods online to the global market.

How much monetary liability does China have against counterfeiters?

China sets monetary thresholds for pursuing criminal liabilities against counterfeiters. For instance, the Criminal Law provides that the threshold for criminal liability is Rmb50,000 ($7,903) for producing counterfeit goods and Rmb150,000 ($23,715) for reselling counterfeit goods.

Should trademarks be included in anti-counterfeiting campaigns?

They should also ask the authorities to include their brands in ex officio regional or nationwide anti-counterfeiting campaigns, which are frequently organised. Aimin Huo is a trademark attorney at CCPIT Patent and Trademark Law Office.

How to enforce a trademark in China?

How to enforce by application? If the rights holder has not recorded its trademark with Customs, it can file an application with Customs for the detention of suspected counterfeit goods which are found to be entering or leaving China, but there must be sufficient evidence to demonstrate infringement to Customs.