Overview
A Cease & Desist letter for IP infringement is a formal document sent to an individual or business that is infringing on intellectual property rights.
The benefit of sending a C&D letter for IP infringement is that it is a low-cost and time-saving method for IP enforcement since the infringing party may stop infringing activity once receiving such letter.
The risk of sending a Cease & Desist letter is that the IP holder can’t collect sufficient evidence to prove the infringement before sending and that the infringing party may still continue to infringe on the IP rights secretly.
Procedure
1. Identify your IPR & the infringing party. Before sending a Cease & Desist letter for IP infringement in China, you need to have clear evidence that the infringing party is infringing your specific IPR granted in China.
2. Prepare the Letter. The Cease & Desist letter should include a detailed description of the IP infringement, a demand to stop the infringing activity, and a warning of legal action if the infringing party fails to comply.
3. Translate and Send the Letter. The Cease & Desist letter should be translated into Chinese before being sent. It should be sent to the infringing party via certified mail or courier, with a return receipt requested.
4. Monitor the Response. Once the Cease & Desist letter is sent, the sender should monitor the response to ensure the infringing activity has stopped. If the infringing party does not respond or continues to infringe, the sender should consider further action, such as filing a lawsuit.
Doc/ info Required
- Certificate of IPR
- Info (name, address, product, website, etc.) of both parties
Duration
About one month.