Court Proceeding

HongFangLaw handles lawsuits relating to client’s IPR, including but not limited to civil lawsuit for claims on IPR infringement, unfair competition, DNS disputes, licensing contract and business reputation violation, the administrative lawsuit relating to disputes raised during IPR granting and confirmation, administrative enforcement, and also the criminal prosecution, which we represent the brand owners that being damaged by counterfeiters and infringers.

Civil proceeding via local courts having jurisdiction becomes a popular way to solve the dispute between brand owner and the counterpart in China. Although this is a complicated procedure, we are experienced to provide professional services for clients at this area, supporting them with the comprehensive litigation proposal by analyzing the pros and cons before substantial approaches, providing a solid action timeframe and steps helping clients to move forward, answering any questions that clients may have, and more importantly to conduct the necessary risk assessment. According to the current civil practice in China, when a civil lawsuit involving foreign entities, such as the plaintiff is a foreign-owned entity, there would be no specific time limit for judges to conclude the case, while usually it would take around one year for the first instance judgement. There are two instances for each normal lawsuit, which the second one is the final, and only a very few cases would go to the Supreme People’s Court for a further review.

It’s good to know that since 2015, there are specialized IP Court established in Beijing, Shanghai and Guangzhou for IP lawsuits, and most likely all the patent cases would go the IP court directly, while for trademark infringement and unfair competition cases might go to local district court as the 1st court, and IP court would be the second court.

Most of the administrative lawsuits relate to Trademark Office of CNIPA for the disputes raising from trademark invalidation decision and so on, and Beijing IP Court would be the first place for trial these cases.

According to the current Criminal Law of P.R.C., only counterfeiting problem could go to criminal liability. Being counterfeited seriously, we would support some of our clients to fight against the counterfeiters, by preserving the evidences, establishing knowledge about the counterfeiting operations and networking, working closely with local authorities, such as police office, the customs and so on, and supporting them on any enforcement actions, providing evidences and documents to make sure the case could successfully be transferred to local public prosecutors for further criminal prosecution against the defendants. Criminal liability is the serious damage towards the counterfeiters. For years, HongFangLaw is experienced and capable to work closely with local authority smoothly, strategically and successfully to take down the counterfeiters.