8 clues to detect product & brand piracy from China (+ first aid kit)

von Dr. Meyer-Dulheuer & Partners LLP

If your company’s IP is infringed by Chinese counterfeits, both revenue and reputation might be in serious danger. But how should you react in this situation? To help you shed light on what might only be an uncertain guess until now, we have listed 8 striking clues. We also provide some first aid tips on how to take action against Chinese piracy.

8 clues which point to counterfeiting of your patent, trademark or design

There are several indications for a violation of your intellectual property in China. According to our experience, the most common indications are:

  1. There is a sudden, unexplained loss of your product’s market share, in particular for exports
  2. There are several customers complaining about the product’s poor quality
  3. Your distribution partner is reporting on problems and plagiarism
  4. An increasing amount of new competitors are participating in trade fairs
  5. Competitors with the same product line are reporting on plagiarism
  6. There are new advertisements for products which match yours
  7. Customers say they know other providers who sell your product for a cheaper price
  8. Your company name was registered and is used by a third party
First aid for victims of Chinese counterfeiting

If your innovation hasn’t been registered before counterfeiting takes place, it is very difficult to take legal proceedings. Therefore we recommend the following:

Catch up the application

Gather information about the countries which are relevant for your protection strategy. Be up to date about new ways to obtain property rights for your product. Start the research in the country where counterfeits are produced and sold.

Record the infringement and monitor your supply chain

Collect evidence to prove the infringement of your intellectual property. Identify the places where counterfeits are produced and sold ...

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