Overview:
If an IP dispute can’t be settled through negotiation, such dispute shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) if an arbitration agreement/ clause is reached by both parties; or
to the courts with jurisdictions in China. You can receive conjunction and damage (including legal fees) from a decision made by a court or arbitration and then enforce your IPR in China.
Procedure:
Duration:
- In general, litigation requires six months for the first instance and three months for the second instance, but such term can be extended indefinitely in theory;
- In general, arbitration requires 3-6 months.
Docs/ info required:
- The ID of the plaintiff (must be notarized and legalized by competent authority);
- Info of defendant (names, addresses, etc.);
- POA (must be notarized and legalized by competent authority);
- Proof of IP (must be notarized and legalized by competent authority if happened abroad);
- details of infringement (products, links, places, etc.).