China's Dual Enforcement System

China offers a unique dual-track enforcement system: administrative enforcement through local Administrations for Market Regulation (AMRs) and judicial enforcement through the courts. Each has advantages, and sophisticated rights holders use both strategically.

Option 1: Administrative Enforcement (AMR Raids)

Best for: Counterfeit goods, clear-cut infringement, quick results

Procedure:

1. File a complaint with the local AMR where the infringement occurs
2. Provide your trademark registration certificate and evidence of infringement
3. AMR investigates and, if satisfied, conducts a raid on the infringer's premises
4. AMR can seize counterfeit goods, impose fines, and order cessation of infringement

Advantages: Fast (weeks, not months), low cost, effective against small-scale infringers
Disadvantages: Limited damages (fines go to the government, not you), no compensation for your losses, varies by locality

Option 2: Civil Litigation

Best for: Recovering damages, establishing precedent, large-scale infringement

Procedure:

1. Gather evidence (often including notarized purchase of infringing goods)
2. File a lawsuit in the appropriate IP court or tribunal
3. Court hears the case (typically 6-12 months for first instance)
4. Available remedies: injunction, damages (actual or statutory up to RMB 5 million), destruction of infringing goods, publication of judgment

Advantages: Monetary compensation, permanent injunction, public deterrence
Disadvantages: Slower, more expensive, requires strong evidence

Option 3: Criminal Prosecution

Best for: Large-scale counterfeiting, organized crime

For serious cases (high counterfeit value or repeat offenders), public security authorities (police) can investigate and prosecutors can bring criminal charges. Penalties include imprisonment and criminal fines.

Option 4: Platform Complaints

Best for: Online infringement on e-commerce platforms

All major Chinese e-commerce platforms have IP complaint systems. Submit your trademark certificate and the infringing listing URL. Most platforms remove listings within 1-2 weeks.

Choosing the Right Strategy