Why Are IPR Infringement Lawsuits Essential?
When intellectual property rights are violated, businesses must act quickly and strategically to minimize losses, protect market share, and prevent future infringements. Litigation is often the only effective method to enforce IP rights and secure compensation.
In China, IP disputes are increasingly resolved in court, involving both domestic and international parties. A successful IPR lawsuit requires comprehensive preparation, including evidence collection, competitor analysis, and strategic case planning. Civil lawsuits with damages claims have proven to be the most effective legal route, while administrative actions are often insufficient, and criminal cases apply only to severe violations.
Our Services
CHINABRAND provides full support for IPR litigation, from initial preparation to final enforcement:
- Case Preparation: Identification & collection of legally valid evidence and assessment of success probabilities.
- Legal Strategy: Collaboration with specialized law firms in China & worldwide.
- Filing Lawsuits: Assistance in initiating legal proceedings against IP infringers.
- Trial Representation: Continuous in-person legal representation at court proceedings.
- Judgment Enforcement: Support for execution procedures to secure financial compensation and ensure compliance.
Best Practices for IP Litigation
- Early Evidence Collection: The earlier strong evidence is secured, the higher the chances of success.
- Strategic Planning: Selection of the most effective legal approach based on market conditions & type of infringement.
- Collaboration with Authorities: Close cooperation with local law enforcement agencies to accelerate enforcement actions.
Why CHINABRAND CONSULTING?
With over 20 years of experience in IPR litigation, we have successfully handled numerous cases up to the Supreme Court. Many of our landmark victories have set precedents that gained media attention in China. Our team of IP experts, attorneys, and local partners ensures a high success rate in enforcing IP rights.
CHINABRAND is Your Partner for Successful IP Litigation & Enforcement!
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.
