Why Are Investigation and Evidence Collection Crucial in China?
When intellectual property rights are violated, securing legally valid evidence is essential for effectively prosecuting IP infringements. Without solid evidence, enforcing claims before courts and authorities is often impossible.
In China, evidence collection requires local expertise, as legal and cultural frameworks must be considered. The involvement of specialized IP investigators is often indispensable to uncover counterfeiters, supply chains, and distribution networks.
Our Services
CHINABRAND offers customized solutions for investigating and documenting IP violations:
- Investigations: Identification of counterfeits, trademark infringements, and plagiarized products through on-site research.
- Evidence Documentation: Securing legally valid evidence, including photos, reports, and test purchases with or without notarial certification.
- Network Analysis: Identifying counterfeiters, supply chains, and distributors to target major producers with the highest manufacturing capacity.
- Legal Support: Processing and forwarding evidence to local authorities or legal partners for enforcement.
Best Practices for Evidence Collection
- Test Purchases: Establishing a sham business is often necessary, as counterfeiters tend to be wary of buyers.
- Certified Test Purchase: Notarial sealing and secure storage of counterfeits for legally binding use in court proceedings.
- Technological Monitoring: Using digital tools & AI-powered analytics to detect IP violations on online platforms & networks.
- Local Presence: Cooperating with authorities & law enforcement to facilitate the prosecution of IP infringements.
Why CHINABRAND CONSULTING?
We combine legal expertise with proven investigation methods to effectively enforce your IP rights. With extensive experience in the Chinese market, we secure solid evidence and enable targeted actions against counterfeiters.
CHINABRAND is Your Expert in Legally Secure Evidence Collection & Counterfeit Investigations!
Case Studies
The so-called “junk patent” of a competitor interfered with our client’s business in the Chinese market. As the client’s own patent had been granted two days after the opponent's application, and therefore not published at the time of the Chinese application, it was impossible to claim it as prior art in a cancellation procedure. However, our client could prove the prior use of his patent in the market and delete the opposing property right.
In-depth analysis of a market-leading German pump manufacturer’s trademark applications exposed dangerous gaps in the brand's subsections. Chinese counterfeiters could have easily taken advantage by filling these gaps, for instance when it comes to online services. Thanks to such gap analysis, this German company could close the gaps precautionarily.
CHINABRAND conducted comprehensive patent analyzes for an Austrian producer of new materials. It came as a surprise that Chinese competitors were - in some segments - far more advanced than expected. This information encouraged our client to modify his strategy and business goals just in time.
A trademark registered in Taiwan posed a serious threat to a German machine manufacturer operating in China. As it was impossible to pursue this target by legal means, we carried out an undercover purchase of this trademark for our client.
